Fatal Pedestrian Accident on Interstate 5
After suffering catastrophic injuries in a collision, a pedestrian was declared dead at the scene following an accident on Interstate 5.
According to California Highway Patrol, a female pedestrian was walking within traffic lanes near the Dairy Mart Road exit when she was struck by a white Ford Fusion. She was then struck again by an unknown vehicle who then fled the area.
Pedestrian Injuries
During collisions, some of the most advanced safety systems ever invented protect four-wheel vehicle occupants from injury. But pedestrians are completely unprotected. Since they bear the full force of an oncoming vehicle, the pedestrian fatality rate is much higher than the four-wheel vehicle occupant fatality rate.
That’s especially true if speed was a factor, which it certainly was in the above story. At impact speeds of 25mph or lower, the pedestrian death rate is under 10 percent. But at impact speeds above 50mph, the pedestrian death rate soars to over 90 percent.
Even if pedestrian accident victims manage to survive, they usually sustain permanent injuries, such as:
- Nerve Injuries: When vehicles strike pedestrians and these victims fall, they naturally extend their arms to break their falls. This reaction usually damages nerves in the brachial plexus bundle. This injury usually causes permanent paralysis, usually in the arm, shoulder, and/or face.
- Broken Bones: The aforementioned reaction usually causes victims to almost literally snap their arm bones in half. Because this injury requires such extensive surgery to correct, most victims never recover full range of motion in their wrists, elbows, shoulders and/or other joints.
- Brain Injuries: The aforementioned motion causes the brain, which isn’t much bigger than an oversize coffee mug, to repeatedly and violently slam against the skull. When brain cells die in this manner, or any other manner, they never regenerate. At best, physical therapists can train uninjured parts of the brain to assume lost functions.
The medical bills in a serious injury case usually exceed $40,000. Fortunately, a Carlsbad auto accident lawyer usually connects victims with doctors who charge nothing upfront for their professional services.
Legal Issues
Drivers who hit pedestrians clearly violate their duty of care, which includes a responsibility to avoid accidents when possible. So, the tortfeasor (negligent driver) is liable for damages even if the victim wasn’t in a marked crosswalk and crossing with the light.
However, jurors could shift some responsibility onto victims who fail to stop and look both ways. In these cases, jurors must divide responsibility on a percentage basis. California is a pure comparative fault state. So, victims are entitled to compensation even if they were 99 percent responsible for the accident.
The sudden emergency defense is basically comparative fault on steroids. Tortfeasors aren’t legally responsible for damages if they reasonably react to a sudden emergency.
Usually, a jaywalking pedestrian is not a “sudden emergency.” Instead, a jaywalking pedestrian is an everyday hazard. Most people see at least one jaywalking pedestrian every time they get behind the wheel. Since this hazard is so common, motorists must anticipate and avoid it.
Reach Out to a Dedicated San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Oceanside, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.
Source:
fox5sandiego.com/traffic/pedestrian-hit-killed-on-i-5-in-the-south-bay/
