Nanny Dies, Toddler Injured After SUV Strikes Stroller
Monserrat Mendez was a 41-year-old single Hispanic female who resided in an apartment in San Diego. She worked as a nanny for a local family. On 02/01/13, the decedent was walking with a baby in a stroller along Camino Del Sur, in the city of San Diego. She entered the intersection at Via Verrazano and Camino del Sur with the stroller and was struck in the crosswalk by a vehicle which failed to stop for the red light. She was transported to the hospital where her death was pronounced.
The 13-month-old boy was transported to Rady Children’s Hospital with critical injuries.
The boy’s mother told NBC 7 San Diego that the boy is in the Intensive Care Unit and could get surgery. He has a shattered spleen, pelvic fracture, broken rib and a skull fracture. She said the boy is turning 14 months on Saturday and the family is shocked by this accident.
Cause of the San Diego Crash
This remains an ongoing investigation by the San Diego Police Department. While this devastating San Diego County accident remains under investigation, the family members of the accident victim who was fatally injured would be well-advised to speak with an understanding and knowledgeable wrongful death lawyer. An attorney such as Gary A. Kessler who has successfully handled wrongful death accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a wrongful death claim.
Right of Way
- Pedestrians always have the right of way. So, no matter where you encounter a pedestrian on the road, they always have the right of way. This includes crosswalks, round-a-bouts, at intersections not marked with signals and at street corners. Crosswalks are sometimes defined by white lines or flashing lights. Crosswalks are outlined in yellow near schools.
California Pedestrian Law
“Under California Vehicle Code Section 21950 (a) 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, except as otherwise provided in this chapter.
(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
(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.
(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.”
Pedestrian Accident Statistics
Source: California Highway Patrol Statewide Integrated Traffic Report
Pedestrians need to be especially cautious on our roadways because they are more vulnerable to injury or death. There were two pedestrians killed and two injured in car accidents in Twentynine Palms in 2009, according to the California Highway Patrol Statewide Integrated Traffic Report. In San Bernardino County 39 pedestrians died and 440 were injured in 2009.
In California, there were 598 pedestrians killed and 12,418 injured in 2009, according to the CHP traffic report.
National data compiled by the National Highway Transportation and Safety Authority shows that pedestrian injuries and fatalities in the United States were up 4.9% in 2010 to 4,280 deaths and injuries were up 19% in 2010 to 70,000 people injured.
