A 56-year-old San Diego based woman was struck and killed after she attempted to run across State Route 163 just north of Friars Road around 6 p.m. Wednesday evening. She was struck by a van and died at the scene shortly after her mad dash.
This unfortunate traffic accident, like so many others, could have been avoided.
The tragedy of course was two–fold. One, that the woman chose to sprint across the highway at all. Second, that the van could not stop in time to save the woman’s life.
Statically speaking, many pedestrian knockdown accidents that result in death almost always have a two-fold cause. In most situations, that the pedestrian may not have been paying attention or was taking unnecessary risks in traffic. On the other hand, the driver may have been distracted or in a hurry. When these two forces join, the recipe could spell disaster.
Pedestrian Responsibility
Our mothers always admonished us to look both ways before crossing the street. Sadly, many adults barely look before jaunting over busy roads and highways. What they fail to understand is that while pedestrians have the right-of-way, this does not automatically mean car drivers will respect this. In many cases, a driver feels irritated and frustrated at having to wait for a pedestrian to get across the road.
In other cases, a driver could be distracted or not engaged in lawful driving behavior prior to impact.
Either way, it is the job of the pedestrian to keep him or herself safe.
A good rule of thumb is to always use designated cross walks and sidewalks when and where they are available. Another good trick is to look both ways twice before crossing the street and to listen out for the sound of an impending vehicle, which you may hear before you see it coming.
Driver Responsibility
That said, even when a pedestrian is in the wrong a motorist can face serious charges when a death results from a crosswalk accident. This is largely because a pedestrian legally has the right of way in any and all cases. A driver also has to show that they were legally observing all traffic rules prior to the collision. If not, they can be held legally liable for serious injuries or death.
Wrongful Death Lawsuit
Of course, there are times when a pedestrian is obeying all traffic rules when they are hit by a negligent, drunk or speeding driver. When this occurs, family members have the ability to pursue a wrongful death lawsuit against the motorist.
If a loved one has been taken from your family due to driver negligence, you have the right to pursue the matter in court.
Contact the legal team at Slaughter and Slaughter today for a free consultation to discuss your case. Our seasoned wrongful death attorneys can help you understand what your rights are and enable you to obtain compensation for your loss.
When someone else’s reckless behavior cause injury or death they must pay the consequences.
Call us now and learn what you can do to ensure that the guilty party is held accountable for their actions.
