A woman was killed in a San Francisco car accident after she was hit by a vehicle the night of October 9, 2009 at Van Ness Avenue and Bush Street. According to a CBS News report, the pedestrian, who has not yet been identified, was in a crosswalk when she was struck. She was taken to a local hospital where she died shortly after the car crash. The driver was not arrested and San Francisco police say the driver did not appear to be under the influence of alcohol. An investigation is underway.

I offer my deepest condolences to the family and friends of this victim who was tragically killed in this car accident. My heart goes out to everyone who knew and loved this woman. Please keep them in your prayers.

Pedestrian Accidents in San Francisco

According to California Highway Patrol's 2007 Statewide Integrated Traffic Records System (SWITRS), 29 deaths and 775 injuries were reported in San Francisco as a result of pedestrian accidents. Also, during the same period, 51 fatalities 3,362 injuries were reported as a result of traffic accidents in San Francisco.

Based on this news report, the woman was walking across the street in a crosswalk. It's not clear whether the driver had the green light or right-of-way at the time. If the pedestrian had the right-of-way and she was in a marked crosswalk then the driver may be held at fault for this fatal car accident.

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."

Further, the section states that a pedestrian is not relieved from his or her 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."

I trust San Francisco police are looking into how or why this fatal car accident may have occurred. I also hope they are looking into whether the driver was distracted, speeding or otherwise negligent in this case. The family of the deceased victim would be well-advised to contact an experienced San Francisco personal injury lawyer, who will analyze all aspects of this accident, identify the negligent parties and hold them accountable. If this accident was caused due to a dangerous condition on the roadway, the city or the governmental agency responsible for maintaining that roadway could also be held liable. Please remember that 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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