A 30-year-old man from San Marcos died from injuries he sustained in a collision with a vehicle after attempting to cross the street the morning of Saturday, June 24.
The accident reportedly occurred shortly before 5 a.m. near the intersection of South Santa Fe Avenue and West Mission Avenue. According to local law enforcement officials, the man was jaywalking at the time.
The driver of the vehicle involved in the accident was a 52-year-old woman in a 1989 Mazda 626 heading north on South Santa Fe Avenue. The man was crossing the street in the middle of the block. The Mazda hit the man while he was crossing the street, then stopped shortly after, with the man still on the vehicle. The San Marcos Fire Department took the victim to Palomar Medical Center via ambulance, but he did not recover. Alcohol was not suspected to be a factor.
Are drivers liable in pedestrian accidents involving jaywalkers?
In most accidents involving people on foot, the driver of a motor vehicle would be liable for the injuries caused if he or she strikes a pedestrian. This is especially true if the pedestrian was crossing legally in a marked crosswalk and/or with a walk signal.
Even if a pedestrian is jaywalking, however, a driver may still be liable if he or she had enough time to see the person on foot and avoid a collision. This can be difficult to prove, but the bottom line is that even jaywalkers may be able to seek damages from motorists who hit them in some circumstances.
For further information and advice on proving liability after a serious pedestrian accident in southern California, contact an experienced San Diego personal injury lawyer with Thorsnes Bartolotta McGuire.