Thomas Klopfstein, 58, was fatally injured in a San Diego car accident after a pickup truck driven by a Chula Vista city councilman struck him as he was crossing the road the morning of December 3, 2009. According to a 10 news report, Klopfstein was walking on Campo Road near Community Building Road at the time of the pedestrian-car crash. The driver, Rudy Ramirez, 49, told investigators that he did not see Klopfstein walk in front of his eastbound Toyota Tundra because the sun was in his eyes. Ramirez has not been cited for the accident.

I offer my deepest condolences to the family and friends of Thomas Klopfstein for their tragic and heartbreaking loss. This must definitely come as an immense blow to them. Please keep them in your prayers.

San Diego Pedestrian Accident Statistics

According to California Highway Patrol's 2007 Statewide Integrated Traffic Records System (SWITRS), 25 fatalities and 575 injuries were reported as a result of pedestrian accidents in San Diego, California. In San Diego County as a whole, 51 deaths and 1,068 injuries occurred in 2007 due to pedestrian accidents. Also, countywide, 268 people died and 14,641 were injured in car accidents during the same year.

Based on this news report, it is not clear where the pedestrian, Thomas Klopfstein, was walking on the street at the time of the collision. Was he walking in a crosswalk or at an intersection? If he was walking in a crosswalk, marked or unmarked, then, Ramirez could be held at-fault for the accident and for failing to yield right-of-way.

California Car Accident Laws

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."

I trust officials will investigate the statements of the councilman and check into whether any negligence was involved and how much of a factor was the sun's glare. Klopfstein's family would be well-advised to contact an experienced San Diego personal injury lawyer who will keep up with the official investigation and make sure that the negligent parties are held responsible. A skilled car accident lawyer will also be able to determine whether there was a dangerous condition on the roadway, which caused or contributed to this car accident. If that was the case, the governmental agency responsible for maintaining that roadway could be held liable. Any claim against a California governmental agency must be properly filed within 180 days of the accident or injury.

The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

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