San Diego Personal Injury Attorney Blog

An Oceanside man suffered serious, potentially life-threatening injuries Wednesday night when he was struck by a car in a crosswalk, the North County Times reported. The major injury car vs. pedestrian accident occurred at the intersection of Coast Highway and Civic Center Drive at 8:40 p.m. on September 15, 2010. The pedestrian, William Merrick, 53, was crossing the street when a 2006 Chrysler turning from Civic Center Drive onto Coast Highway going south hit him. The driver of the Chrysler, Francisco Arreola, 20, of Camp Pendleton, was not cited at the scene. Authorities said alcohol did not appear to be a factor in the crash. However, the incident remains under investigation. Merrick was taken to Palomar Medical Center in Escondido with very serious injuries.

Cause of the Pedestrian Accident

Oceanside Police are investigating the cause of the crash. Based on the facts reported in the news, it sounds as if the driver of the Chrysler may be responsible for the accident, for failing to yield to the right of way of the pedestrian in the crosswalk. Under California Vehicle Code Section 21950 "Right of Way at Crosswalks" (c), "The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian." This section of the vehicle code gives pedestrians using a crosswalk the right-of-way. However, it should be noted that pedestrians at all times have a duty to use due care for their own safety.

Pedestrian Accidents and Personal Injury Liability

While this September 15th Oceanside pedestrian accident is still under investigation, the family members of the injured victim would be well-advised to speak to a Oceanside personal injury attorney about this pedestrian accident and the unique legal issues involved. If it is determined that the driver of the car is responsible for the accident, he may be liable for the pedestrian's injuries, including medical care costs, lost earnings or wages, pain and suffering or other related damages. A pedestrian injury attorney who has successfully represented victims of pedestrian accidents that occur in marked crosswalks will be able to advise the victim and his family of their best course of action to protect their legal rights to compensation in a personal injury claim.