In San Marcos, a fatal accident occurred early Thursday morning when a 59-year-old man was struck by a pickup truck while crossing East Mission Road at Mulberry Drive, near Hollandia Dairy and Mission Hills High School. The incident, reported around 4:30 a.m., involved the pedestrian being hit by an eastbound traveling Dodge Ram while the pedestrian was in a crosswalk.

The driver of the Dodge Ram, a 61-year-old man, stopped immediately after the accident and called 911. Despite paramedics’ efforts to save the pedestrian’s life, he succumbed to his injuries at the scene. The eastbound lanes of East Mission Road near the high school were closed for investigation.

While the cause of the accident is still being determined, pedestrian-vehicle accidents are commonly caused by the negligence of the involved driver. When this happens, catastrophic injuries may result. Some common forms of driver negligence that increase the risks of such accidents include:

• Distracted Driving: Drivers who are distracted by their phones, in-car entertainment systems, or other factors may fail to notice pedestrians in crosswalks or at intersections, leading to collisions.
• Speeding: Excessive speeding reduces a driver’s reaction time and ability to stop in time to avoid hitting pedestrians who may unexpectedly enter the road.
• Failure to Yield: Drivers who disregard traffic signals or fail to yield the right of way to pedestrians at crosswalks put pedestrians at significant risk.
• Impaired Driving: Alcohol or drug impairment can severely impair a driver’s judgment and coordination, making them more likely to strike pedestrians.
• Fatigue: Fatigued drivers are less alert and may not react promptly to pedestrians in their path.
• Poor Weather Conditions: Adverse weather conditions, such as rain, snow, or fog, can reduce visibility for both drivers and pedestrians, increasing the likelihood of accidents.

When a pedestrian is injured or killed in an accident involving a negligent driver, there is the potential for legal action in the form of a lawsuit. Hiring a San Marcos personal injury lawyer can help prove the necessary elements in a viable personal injury lawsuit. Those elements often include:

• Negligence: To establish a case, the pedestrian’s lawyer must prove that the driver acted negligently, breaching their duty of care towards the pedestrian.
• Damages: The plaintiff (pedestrian or their family) must demonstrate that they suffered harm or loss because of the accident, which may include medical expenses, pain and suffering, and lost income.
• Causation: It must be shown that the driver’s negligence directly caused the pedestrian’s injuries or death.
• Liability: The driver or their insurance company may be held liable for the damages incurred by the pedestrian.

The tragic incident in San Marcos serves as a somber reminder of the grave risks associated with driver negligence in pedestrian-vehicle accidents. Such accidents can lead to devastating consequences for pedestrians and their families. Lawsuits can help victims get compensation for their losses and make sure careless drivers face consequences. It’s important that drivers exercise caution and responsibility to prevent such accidents and the resulting human tragedy.

Walton Law Firm is based in San Marcos, and has been representing North County San Diego residents for over 20 years. All consultations about cases are free and confidential.

Whether you live in San Marcos or elsewhere in the San Diego County area, it is important to know about electric scooters and the personal injury risks they pose. According to a recent news release from the University of California, new research suggests that e-scooters are tied to high rates of traumatic brain injury (TBI), broken bones, and dislocated joints. Those who sustain these types of injuries on e-scooters require medical attention, and some seemingly less serious injuries also require riders to seek treatment in an emergency department.

Why are e-scooters dangerous, and how should residents around San Diego County respond?

New Study Ties Electric Scooters to Serious Personal Injuries

Researchers at UCLA’s David Geffen School of Medicine conducted the recent study and published their findings in JAMA Network Open in January 2019. As the news release underscores, this study was the first of its kind to be published concerning electric scooter injuries. The authors of the study examined data from Southern California hospitals between September 2017 and August 2018. They determined that one-third of e-scooter accident victims actually arrived to the emergency departments by ambulance, suggesting that the injuries were too severe for those injury victims to transport themselves.

Dr. Tarak Trivedi, the lead author of the study, emphasized that we need to begin taking a closer and more sustained look at the effects of e-scooters on bodily injuries. As he explained, “there are thousands of riders now using these scooters, so it’s more important than ever to understand their impact on public health.” In the published study, the researchers provide some of the following findings about e-scooter injuries:

• Around 92% of e-scooter injuries affect riders, but about 8% of injury victims also include pedestrians;
• Only about 4% of e-scooter riders who sustained injuries severe enough to require treatment in an emergency department were wearing a helmet at the time of the accident;
• Approximately 5% of e-scooter injury victims had a blood alcohol concentration (BAC) at or above 0.05%, which physicians cite as the number to indicate “intoxication”;
• 40% of injuries were TBIs and other forms of head trauma;
• 32% of injuries were fractures or broken bones; and
• 28% of injuries were cuts, sprains, or bruises that did not affect the head.

Future of E-Scooter Injuries in San Diego County

While the study cites West Los Angeles at “the epicenter of the electric scooter phenomenon” and thus the location in which riders have the highest injury rates, the San Diego area also has its own share of e-scooter problems. Last year, an article in The San Diego Union-Tribune cited e-scooters as dangerous modes of transportation that cause a variety of injuries, “from broken bones and teeth to punctured lungs and lacerations requiring plastic surgery.”

Earlier this year, the Times of San Diego reported that the San Diego City Council is moving to better regulate e-scooters. For example, while the scooters can travel as fast as 15 miles per hour, new regulations would limit travel to 8 miles per hour and 3 miles per hour in certain areas. Proposed regulations would also require greater oversight of scooter companies.

Contact a Brain Injury Lawyer in San Marcos

If you or someone you love recently suffered a brain injury in an e-scooter accident or in another type of collision, you should reach out to a San Marcos brain injury lawyer to learn more about filing a claim. Contact the Walton Law Firm to discuss your case.

See Related Blog Posts: Athletes in Escondido May Have Brain Injuries Without Obvious Symptoms Brain Injury Research Gets a Boost

(image courtesy of Nathan Dumlao)

Intersections located in Escondido, Chula Vista, and Hillcrest are among the most dangerous places for a pedestrian to cross the street in the San Diego area, according to a recent report from CBS 8 News. The report discusses a new study that “is shedding light on pedestrian safety across San Diego County” and identifying areas where pedestrian accidents occur most often. That study explored accident reports going back to 2011 involving pedestrian injuries and fatalities. There are numerous reasons that motor vehicle drivers at these intersections crash into pedestrians, from issues of blind spots to sheer distracted driving. In some cases, pedestrians have been struck in hit-and-run accidents.

Which intersections and other pedestrian areas of San Diego should you recognize in terms of safety risks?

Why do Pedestrian Accidents Happen at Particular Intersections?

There are a number of reasons, according to the study, that pedestrian accidents occur at particular intersections in the San Diego area. As we noted above, in some circumstances, there are blindspot issues at intersections that can prevent drivers from seeing a pedestrian crossing the street. More often than not, however, distracted driving is the most common cause of crashes involving pedestrians. The distractions do not always come from within the vehicle.

Some of the most dangerous intersections pose risks because of distractions around the intersection itself, causing drivers to take their eyes off the road. The second-most dangerous intersection, which results largely from distracted driving, is the intersection at Valley Parkway and Midway Drive in Escondido. A total of 13 crashes and two fatalities have been reported there. The most dangerous intersection in the area, however, is at University Avenue and First in Hillcrest. At this intersection, distractions largely are not the problem. The report cites the intersection’s “poorly maintained crosswalks as well as its dim lighting.”

Other intersections in San Diego pose risks to pedestrians due to the amount of traffic. In other words, the more motor vehicles that travel through an intersection, the higher the risk of a collision. For instance, the intersection at Ulric Street and Linda Vista Road sees around 28,000 vehicles per day.

Making Changes to Intersections to Promote Pedestrian Safety

Some of the problems at these intersections could be easily repaired, while others may require additional consideration. For intersections where dangers arise from poor maintenance and poor lighting, the city could invest in repairs to help ensure pedestrian safety. For those intersections where a significant amount of traffic poses risks to pedestrians, the city will need to think carefully about issues of infrastructure and design.

In the meantime, what steps can pedestrians take to avoid injuries? The AAA Foundation for Traffic Safety recommends the following safety tips:

• Make yourself visible to motorists by wearing lightly colored clothing at night or brightly colored clothing during daylight hours;
• Avoid distracted walking and stay alert, which means avoiding texting while walking and the use of headphones;
• Obey traffic rules, including walk signs;
• Do not assume a driver will give you the right of way, even if you are entitled to the right of way;
• Try to make eye contact with drivers that are approaching before you cross the street;
• Use sidewalks whenever they are available;
• Do not walk along highways or other major roadways;
• Use crosswalks when they are available, and obey crosswalk signs; and
• Avoid alcohol consumption.

Contact an Escondido Car Accident Lawyer

Do you have questions about filing a pedestrian accident claim? An Escondido car accident attorney can help. Contact the Walton Law Firm today for more information.

See Related Blog Posts: Distracted Walking in Valley Center Vista Road Rage Accidents and Aggressive Driving

(image courtesy of Bethany Legg)

Many Valley Center residents have heard about the risks of distracted driving. Indeed, as a report from ABC News 10 discusses, on January 1, 2017 additional cell phone laws took effect that prevent California drivers from holding a phone or doing anything more than making a single tap or a single swipe. While drivers are still permitted to use cell phones as GPS devices, provided that they are mounted somewhere in the vehicle, the change to the law aims to prevent distracted driving accidents. What about distracted walking? While the term might sound like an odd one, it is becoming a relatively serious problem in California and throughout major urban areas in the country.

According to a recent report from KEYT News 3, a local official is proposing a change to the law. In short, in order to improve public safety, San Mateo County Supervisor David Canepa is hoping to institute a distracted walking law that “would make it illegal to use the crosswalk while using your cell phone.” Is such a law likely to pass? Is it necessary to prevent pedestrian accidents?

Pedestrian Accidents on the Rise Due to Smartphone Use

According to the report, Canepa argues that the rising rates of distracted walking require a law to prohibit this behavior in certain places. Namely, looking at a smartphone to send a text or to surf the internet while crossing the street in a crosswalk can lead to a deadly collision. While automobiles are supposed to stop for anyone on foot who is crossing the street, this does not always happen. To be clear, although the automobile driver may be at fault for failing to come to a stop at a crosswalk, pedestrians should also think about their own safety and to put down the phone while crossing from one side of the street to another.

Canepa indicates that about 25% of car collisions in California right now involve pedestrians, and this number is on the rise. A likely explanation for this rise in this rate of distracted walking accidents is smartphones. More people are paying attention to the screens instead of to their surroundings. Canepa’s proposed law would allow police officers to cite any pedestrians who are looking down at smartphones while they are within a crosswalk. The idea is that the number of pedestrian accidents and fatalities would decline.

What Can You do to Prevent These Accidents?

Just how big of a problem is distracted walking? An article in Safety.com notes that about 5,000 pedestrians sustain fatal injuries each year, while 76,000 more suffer from serious nonfatal injuries. Experts are quite certain that distracted walking is at least part of the problem, and California would not be the first state to ban distracted walking in some capacity. New Jersey has already instituted a ban on texting while walking.

The article discusses a 2012 study conducted by researchers at SUNY-Stony Brook, which “found that those who texted while walking were 60 percent more likely to veer off line than non-texters.” The researchers behind the study as well as other in the film describe this as “inattentive blindness.” While use of the term “blindness” might seem like an exaggeration, the Stony Brook researchers highlighted how surprised they were to “find that talking and texting on a cell phone [was] so disruptive to one’s gait and memory recall of [a] target location.”

To prevent these accidents, it is important to pay attention while walking and especially while in a crosswalk. If you were injured in an accident caused by a distracted walker, you should speak with a Valley Center accident lawyer as soon as you can. Contact the Walton Law Firm for more information.

See Related Blog Posts: Improving Encinitas Pedestrian Safety on El Camino Real Vista Road Rage Accidents and Aggressive Driving

(image courtesy of Bethany Legg)

For parents and their neighbors in Rancho Bernardo, it is important to understand important school bus safety laws as kids throughout California return to school. We can all take steps to prevent bus accidents. However, according to a recent report from CBS News, many drivers do not always obey school bus safety laws simply because they do not know them. Now is the time to learn because the California Highway Patrol (CHP) plans to conduct pedestrian safety enforcement operations along the California coast in the coming school days.

What are School Bus Laws in California?

In short, it is important for motorists to know how to behave around a school bus (and how to obey the law). In particular, if you are driving behind a school bus that is picking up or dropping off children, or if you are approaching such a bus from the opposite direction, what does the law require you to do? The report emphasizes the importance of understanding and abiding by the following laws to prevent child pedestrian accidents and fatalities:

• If a school bus is flashing red lights, you must come to a complete stop regardless of whether you are approaching the bus from behind or from the opposite direction;
• Once you come to a stop for a school bus’s flashing red lights, do not start to move again until the bus’s lights stop flashing and the children are clearly across the street safely; and
• Know that yellow flashing lights on a school bus often mean that the bus is slowing down, and any nearby motorists should plan to soon come to a complete stop once the lights become red.

Whether Southern California drivers know these laws or not, many do not abide by them. Last October, a one-day study concluded that “26,000 motorists statewide failed to stop for a bus that was stopped to load or unload students.” To help enforce the law, CHP officers plan to ride on school buses and to contact nearby patrol units if a motorist illegally passes the school bus when it has red flashing lights. Drivers in California can be assessed fines up to $1,000.

Taking Additional Steps to Prevent Accidents Involving School Buses

What else can parents and drivers do to help prevent pedestrian accidents around school buses? The AAA Foundation for Traffic Safety recommends that drivers always do the following near school buses or while in school zones:

• Wait your turn whenever you are approaching a stopped school bus;
• Look in the medians to ensure that no children are attempting to cross the street;
• Be particularly cognizant of the fact that the 10-foot area around a school bus is where kids are most likely to be involved in a collision with the bus or another motor vehicle;
• Slow down and obey the speed limit; and
• Never pull into a crosswalk when coming up to a stoplight or waiting to make a right-hand turn.

Contact a Rancho Bernardo Bus Accident Lawyer

Many bus accidents in Rancho Bernardo and throughout San Diego County are preventable. If you or your child sustained injuries in a collision, you may be able to file a claim to seek compensation from the negligent driver and should speak with a Rancho Bernardo bus accident lawyer as soon as possible. Contact the Walton Law Firm today to discuss your options.

See Related Blog Posts: Will Tour Bus Inspections Increase in San Clemente? Deadly Bus Accident in Southern California

(image courtesy of Michael Mroczek)

Pedestrian accidents happen a lot more frequently than they should in Encinitas, according to a recent article in The San Diego Union-Tribune. The city recognizes the particular risks for pedestrians who walk along El Camino Real, and the city is taking steps to try to make this stretch safer for anyone who is on foot. The city recently hired an expert to conduct a “walking audit” of El Camino Real with a group of participants and to make recommendations for preventing a pedestrian accident and improving safety in general for pedestrians in the area.

What can the city do to make Encinitas a more pedestrian-friendly place?

The “Walking Audit” and its Outcome

The “walking audit” was conducted by Dan Burden, a consultant hired by the city to work with participants to determine what kinds of safety measures could be taken to prevent pedestrian accidents on El Camino Real. The “walking audit” involved walking several miles with the participants down El Camino Real as they each pointed out “trouble spots” and “opportunities to do better.” Burden then developed a list of recommendations for Encinitas, and he presented them to the City Council shortly afterward.

What did Burden suggest for improving pedestrian safety on El Camino Real? He came up with two different types of recommendations—“easy fixes” as well as plans for more long-term improvement along the El Camino Real corridor.

Recommendations for Preventing Pedestrian Accidents

Here is what he recommended in terms of “easy fixes” in Encinitas:

• Plant trees in the roadway medians;
• Widen the sidewalks;
• Encourage any neighborhood shopping centers that are remodeling to link their properties to pedestrian pathways;
• Narrow certain vehicle traffic lanes on El Camino Real;
• “Colorizing” bike lanes to make them stand out better to motor vehicle operators; and
• Reduce the speed limit for vehicles on El Camino Real to 35 miles per hour.

As you might be able to guess, some of these “easy fixes” could be implemented without significant work—such as reducing the speed limit or planting trees—while others would require some substantial construction efforts, at least for a short period of time. What did Burden recommend in terms of long-term goals for reducing the rate of pedestrian accidents and fatalities on El Camino? He proposed cultivating better public and private partnerships with shopping centers along El Camino to develop pedestrian safety plans and creating a “theme” for this section of El Camino, and using it “as a decorative embellishment along the corridor.”

In other words, long-term plans should focus on raising awareness about pedestrian safety and more generally changing the way that Encinitas residents see their roles in promoting pedestrian safety along El Camino Real. According to Mayor Catherine Blakespear, the City Council “plans to set aside $250,000 in the coming fiscal year for improvements to El Camino and will use Burden’s advice as it explores how to spend that money.”

Contact an Encinitas Pedestrian Accident Attorney

If you or someone in your family suffered serious injuries in a pedestrian accident, you should speak to an Encinitas pedestrian accident lawyer to learn more about filing a claim for compensation. Contact the Walton law Firm today for more information.

See Related Blog Posts: Pedestrian Hit-and-Run Accidents in San Diego Fatal Pedestrian Accident in La Jolla

(image courtesy of Nabeel Syed)

Could a multi-vehicle accident caused by road rage and aggressive driving happen in Vista, California? According to a recent report from ABC News, a motorcyclist’s road rage and aggressive driving caused a serious crash around Santa Clarita. The collision involved a sedan and a pickup truck, and that pickup truck overturned as a result of the crash. The motorcyclist—who was caught on film by other drivers, fled the scene of the car accident. The incident should alerts drivers throughout Southern California to the serious risks associated with road rage and other forms of aggressive driving.

Details of the Road Rage Accident

According to report, the accident happened at approximately 5:45 a.m. on a recent weekday morning. While witnesses could not say precisely what started the altercation, those heading southbound on State Road 14 managed to film a motorcyclist who “appears to try to kick the sedan” the approaches on his right. As a result of the motorcyclist’s behavior, the “sedan veers to the left and briefly collides with the motorcyclist before losing control and crashing into the highway divider wall.”

Yet these were not the only vehicles involved in the crash. “The momentum from the crash sent the sedan toward the middle lane of the highway, where it collided with a white Cadillac pickup truck, causing the truck to overturn.” Reports indicate that the truck driver sustained moderate injuries and was taken to a nearby hospital to be treated. Following the collision, the motorcyclist continued driving southbound without stopping. The crash remains under investigation with the California Highway Patrol.

Majority of Drivers Get Angry on the Road, AAA Study Says

Could an accident like the one discussed above happen in Vista or in other parts of Southern California? According to a study from the AAA Foundation for Traffic Safety, road rage is much more common than you might think. Indeed, as the authors of that study note, “nearly 80 percent of drivers expressed significant anger, aggression, or road rage behind the wheel at least once in the past year,” and about eight million drivers admit to engaging in “extreme examples of road rage.” What is extreme road rage? The study cites behaviors such as “purposefully ramming another vehicle or getting out of the car to confront another driver.”

The following figures help to show the severity of road rage and risks of a serious crash:

• 51% of drivers admit to purposefully tailgating;
• 47% have yelled at another driver;
• 45% of drivers honk to show annoyance or anger;
• 33% percent of drivers admit to making angry gestures;
• 24% have tried to block another vehicle from changing lanes;
• 12% of drivers admit to cutting off another vehicle on purpose;
• 4%, or 7.6 million drivers, admit to getting out of their own vehicle to confront another driver; and
• 3% of drivers, or 5.7 million people, admit to bumping or ramming another vehicle on purpose.

Almost two out of three Americans surveyed believe that aggressive driving has become a more serious problem, and about 90% of people surveyed think that aggressive driving poses a serious safety risk. Yet, as you can see, many drivers continue to engage in these risky behaviors.

Contact a Vista Car Accident Lawyer

Were you injured in a motor vehicle collision caused by an aggressive driver? An experienced Vista car accident lawyer can speak with you about filing a claim for compensation. Contact the Walton Law Firm today to discuss your case.

See Related Blog Posts: Motorcycle Awareness Month in Valley Center Distracted Driving Awareness Month in Vista

(image courtesy of David Cohen)

An enlisted Navy man was killed on Saturday while parked on the shoulder of State Route 76 in Oceanside. According to reports, 43-year-old Victor Velez pulled off to the right shoulder on the eastbound side of the road near Foussat Rd. and got out of his car. For reasons currently unknown, an eastbound box truck traveling in the right lane struck the man, killing him.

An investigation into the accident is continuing, and police currently do not believe that alcohol was a factor in the crash. Anyone with any information about the accident is encouraged to contact officer David Paul of the Oceanside Police Department at (760) 435-4431.

Last year, Walton Law Firm represented a man in a similar type of accident. That incident occurred on State Route 78, and involved a tow truck driver who was struck when a large truck veered into the shoulder, striking two people, one of whom died. After an investigation by the law firm, it was established that the negligent driver had the sun in his eyes and may have been reaching for his phone at the time of the accident.

For kids and adults alike, the recent Pokémon GO smartphone game has been an exciting activity around Southern California and throughout the country. However, according to a recent report from Inquisitr.com, the game has also resulted in a number of alarming accidents and injuries. You might have heard about pedestrian accidents caused by distracted walking, but Pokémon GO has taken these collisions to a new level, along with serious distracted driving crashes. The problem is not only one affecting people who play the game. Pokémon GO players—due to extreme distractions from the game—are causing serious accidents that are impacting other pedestrians, cyclists, and motorists who are paying attention to the rules of the road.

What should you know about this new smartphone game, and how can you avoid serious accidents and injuries?

Pokémon GO Causes Accidents in Southern California and Across the U.S.

According to the report, the Pokémon GO app contains a warning to its users, encouraging them to “pay attention to your surroundings as you hunt for Pokémon in the real world.” However, as the report makes clear, this new smartphone game “has proven so engrossing that many of its players are ignoring the warning” to the detriment of themselves and others around them. Some of the accidents and injuries caused by distracted players are minor, including sprained ankles or trivial collisions with trees, doors, or curbs. However, some of the accidents are much more severe, and several have even resulted in life-threatening injuries.

For example, in Southern California, two men “actually walked off a cliff in Encinitas” while engaged in the smartphone game. According to a report from NBC San Diego, lifeguards in the area “reported that someone had fallen off a cliff at E Street around 1:12 p.m.” The Encinitas Fire Department arrived at the scene and found that one man had fallen off a cliff, down about 80 feet to the ground. A second man was discovered around 50 feet beneath the cliff and was unconscious. The men were aged 21 and 22 respectively, and both were rushed to Scripps La Jolla Hospital nearby. In other parts of the country, incidents of similar severity have occurred. For example, an ex-Marine reportedly drove into a tree because he was so distracted by Pokémon GO.

Staying Safe While Playing Games on Your Smartphone

No matter how invested you might be in a smartphone game, you should never use your device while you are driving. Distracted driving, according to Distraction.gov, puts many different people at risk of serious injuries, including drivers, passengers, and bystanders. What can you do to help prevent a Pokémon GO-related accident? According to the Inquisitr report, the American Red Cross has offered some important tips for playing the game safely:

• Use battery-saver mode on your smartphone so that you do not have to be looking at your phone constantly; and
• Similar to swimming, use the buddy system when you are playing to avoid dangerous areas and to spot potential hazards that might be in your group’s path.

In addition, do not attempt to play Pokémon GO if you are driving. In addition to putting yourself and others at risk of involvement in a serious or even deadly crash, California law prohibits handheld smartphone use for anyone behind the wheel.

If you or someone you know got hurt as a result of distracted driving or other negligent behavior, an experienced San Diego personal injury lawyer can help. Contact the Walton Law Firm today to discuss your case.

See Related Blog Posts: Pedestrian Hit-and-Run Accidents in San Diego Using Crash-Test Dummies to Make Uber Riding Safer

(photo courtesy of José María Mateos)

Carlsbad Pedestrian Struck on Freeway Shoulder How often do pedestrian accidents, in particular hit-and-run collisions, occur in the San Diego area? According to a recent report from The San Diego Union-Tribune, a hit-and-run pickup truck driver recently struck a pedestrian who had been stopped to help a motorist on the shoulder of a Carlsbad freeway. The report indicates that the victim was a 48-year-old man from Tijuana, and his injuries were so severe that he may not survive.

How did the pedestrian accident happen? According to the report, the victim “parked on the shoulder of northbound Interstate 5, south of Palomar Airport Road, to assist a friend whose vehicle was disabled.” At the time of the crash, he had been standing in front of his own vehicle. The pickup reportedly “veered onto the shoulder and hit him.” California Highway Patrol Officer Jim Bettencourt indicated that, after striking the victim, the driver of the pickup truck simply continue driving before taking an exit onto Palomar Airport Road.

Emergency medical responders arrived at the scene and rushed the 48-year-old Tijuana man to a nearby trauma center to receive medical attention for “life-threatening injuries.” The police in Carlsbad have joined forces with the California Highway Patrol to search for the pickup, but neither the vehicle nor the driver in the hit-and-run collision have been located.

What should San Diego-area residents look for in order to help? Authorities believe the vehicle was a “newer-model, white Toyota Tacoma.” They also indicated that it would have damage from the collision, “on the right front and possibly the right side.” There is also a possibility that the pickup truck would have gotten a flat tire on the vehicle’s right side. Unfortunately, there is no detailed information available about the driver.

Hit-and-Run Accidents in Southern California The most recent hit-and-run accident is only one in a series of severe crashes that have resulted in life-threatening and fatal injuries to Southern California residents over the last several years. An article in USA Today described the number of hit-and-run crashes in Southern California as reaching “epidemic proportions” in recent years given the 13.7% increase in these accidents between 2009 and 2011. According to that article, about 60% of victims in hit-and-run collisions are pedestrians.

What can pedestrians in San Diego do to help avoid a serious accident? The Centers for Disease Control and Prevention (CDC) emphasizes the importance of understanding risk factors, which include:

• Being aged 65 or older (seniors account for nearly 20% of all pedestrian fatalities);
• 
  Being a child aged 13 or younger (kids in this age group also account for about 20% of pedestrian deaths);
• 
  Consuming alcohol (nearly 50% of car crashes that result in a pedestrian death involve alcohol consumption);
• 
  Walking in urban areas;
• 
  Crossing at non-intersection locations;
• 
  Walking in areas where vehicles are prone to higher speeds; and
• 
  Walking at night.

Hit-and-run accidents can result in serious and sometimes fatal injuries. If you or someone you love recently sustained injuries in a hit-and-run accident, you should discuss your options with an experienced San Diego pedestrian accident attorney. Contact the Walton Law Firm today for more information.

See Related Blog Posts: Hit-and-Run Crashes Spike at End of Year Fatal Pedestrian Accident in La Jolla

(photo courtesy of Octavio Lopez)

Fatal Car Accidents on Halloween

Last year around this time, the Associated Press reported on a severe auto accident in California that resulted in the deaths of three trick-or-treaters. The children who suffered fatal injuries in the pedestrian accident were 13-year-old girls, and two of them were twin sisters. The collision occurred in Santa Ana, and the hit-and-run driver fled the scene and later abandoned the SUV that struck the trick-or-treaters. The girls were struck while attempting to cross the road in a crosswalk.

While it may be impossible to avoid certain car accidents, it is possible to take preventive steps, particularly on Halloween. The article about the deadly hit-and-run accident last year noted that the young girls who were killed had been “wearing costumes with black leggings and dark clothing.”

It is difficult to know if this tragedy could have been prevented if the driver had been able to see the girls more clearly as they crossed in the crosswalk. At the same time, however, it is important to remember that the trick-or-treaters were following the rules for crossing the street: always cross at a crosswalk. Around the same time in Irvine, California, a man who had been trick-or-treating with his four-year-old son was also struck and killed by a car.

Preventing Accidents and Injuries During Halloween Celebrations

What can we do to prevent serious accidents from occurring in San Diego on Halloween? Car accidents involving pedestrians are just one source of serious injury that can happen on this holiday. According to a fact sheet from the Centers for Disease Control and Prevention (CDC), both trick-or-treaters and homeowners can take steps to make Halloween a safer holiday. If you are planning to go trick-or-treating with your child or are allowing your older teen to go trick-or-treating with friends, pay attention to the following safety tips:

• Choose Halloween costumes that are light or brightly colored. If this is not possible, apply reflective tape to your child’s costume or trick-or-treating bag to make it easier for drivers to see your child.
• Always carry a flashlight when you are out trick-or-treating. A flashlight can allow a driver to more easily see you and your child (thus preventing a serious car accident), and it can also allow you and your child to avoid slipping or tripping hazards (thus preventing a severe slip, trip, and fall accident).
• Always walk—do not run—from one house to the next. Running between houses on Halloween can lead to a trip and fall accident.
• Always look both ways before crossing the street, and be sure to cross in a marked crosswalk if possible.
• Walk on sidewalks wherever possible. If you must walk on the road, walk on the far edge of the street in a direction so that you are facing oncoming traffic and can quickly get out of the way if a car is coming.
• Be sure that your child’s Halloween costume fits properly. An ill-fitting costume can lead to a trip and fall.
• Buy flame-resistant costumes for your child, and encourage her to avoid lit jack-o-lanterns and luminaries. A burn accident can happen quickly.

Contact a San Diego Accident Lawyer

Nobody expects a deadly accident on Halloween. To be sure, this is an exciting holiday for children, and it should be a fun way for families and friends to celebrate together. However, accidents do happen on Halloween and they often result from another party’s negligence. If you or your child suffers a serious injury on Halloween, you should discuss your case with an experienced San Diego accident lawyer as soon as possible. Contact the Walton Law Firm to learn more about how we can assist you.

See Related Blog Posts: Fatal Pedestrian Accident in La Jolla San Diego Launches “Vision Zero” to End Traffic Deaths

ke their eyes off the road or experience distractions, serious and fatal accidents can occur. Indeed, according to a recent report from NBC San Diego, a woman suffered fatal injuries after she was struck by an automobile while unloading her car “along a busy La Jolla street.” The pedestrian accident occurred in the late morning on Girard Avenue, just across the street from Nosh Delicatessen and Orange Theory Fitness, the article reported.

Elderly Driver Strikes Victim

How did the accident happen? According to reports, the victim, a 45-year-old woman who was a resident of La Jolla, was pinned between her own parked car and the vehicle of the elderly driver who caused the collision. The driver, a 91-year-old, “backed out of a nearby parking spot on the west side of the street, crossed into the other side, and rammed into the woman,” according to San Diego Police Department Sergeant Joe A. Benavidas.

Benavidas emphasized that the 91-year-old driver stayed at the scene after the collision to answer questions from the police. While the accident remains under investigation, the San Diego Police Department believes that “speed likely played a factor.”

This part of Girard Avenue—around the 7700 block—is particularly busy. According to residents of the area, the street often produces “a difficult dance in the afternoons between shoppers and heavy traffic.” One resident, Justin Rowley, told NBC San Diego that the intersection of Silverado and Girard, near to the victim’s fatal accident, “is always busy with foot traffic and cars.” As such, if you are a pedestrian, “you always have to watch what you are doing when you are walking across the street.”

Filing a Wrongful Death Claim in California

When you lose a loved one due to the negligence or wrongful act of another person, you may be eligible to file a wrongful death lawsuit. What is a wrongful death claim? It is a civil lawsuit that is brought by the survivors of a person who sustained fatal injuries because of another person’s negligence or bad behavior.

A wrongful death claim is a lot like a personal injury lawsuit in that it allows for recovery of damages following a serious accident and injury. Here is another way to think about it: if the deceased person had lived, she or he would have been able to file a wrongful death claim to seek compensation for injuries. Since the deceased died as a result of those injuries, the survivors can step in and file a wrongful death claim on behalf of the deceased person.

California law specifies that only certain people are eligible to file a wrongful death claim. Typically, the following people are the ones to bring a lawsuit for another person’s wrongful death:

• Surviving spouse;
• Surviving children;
• Surviving domestic partner.

If the deceased person does not have a surviving spouse, domestic partner, or children, then the following people are the likely ones to file a wrongful death claim:

• Surviving parents of the deceased;
• Surviving siblings;
• Children of deceased siblings;
• Surviving grandparents;
• Persons who financially depended upon the deceased person.

Pedestrians who sustain severe and life-threatening injuries in traffic collisions may be eligible for compensation. If you have lost a loved one in a dangerous pedestrian accident, you should speak to an experienced San Diego injury lawyer about filing a wrongful death claim.

Photo Credit: xandert via morgueFile See Related Blog Posts: Fatal Nighttime Diving Accidents Patients at Risk of Injury in Smaller Military Hospitals