A 65-year-old woman who was fatally injured in a San Diego pedestrian accident has been identified by local officials as Susan Jane Ely. The San Diego Union-Tribune reports that the fatal crash occurred the morning of September 3, 2010 near the intersection of Tierrasanta Boulevard and Tambor Road. Ely was crossing the street when she was hit by a Chrysler sedan. No charges have been filed against the driver pending an official investigation.
My heartfelt sympathies go out to the family and friends of Susan Jane Ely for their devastating loss. They will be in my prayers.
Car Accident Statistics
There were 81 fatalities and 6,123 injuries involving San Diego car accidents in 2008, according to California Highway Patrol's traffic accident statistics. Countywide, 246 people died and 13,527 were injured as a result of car accidents during the same year.
Laws and Liability Issues
California Vehicle Code section 21950 states: "The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection." The same section also states that 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 a vehicle or take any other action relating to the operating of the vehicle as necessary to safeguard the safety of the pedestrian."
If the motorist in this case is determined to have been at fault, he or she could be held liable for Ely's wrongful death in this case. An experienced San Diego personal injury lawyer will be able to advise victims' families in such cases about their legal rights and options.
A skilled car accident lawyer will also be able to determine whether a dangerous condition on the roadway may have caused or contributed to the accident. If that was the case, the city or governmental agency responsible for maintaining that roadway could also be held liable. Under California Governmental Code section 911.2, any personal injury or wrongful death claim against a public entity must be filed within 180 days of the accident or injury.
What are some of the most dangerous intersections in your city for pedestrians?
None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.

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