A 6-year-old boy sustained critical head injuries in a San Bernardino car accident the afternoon of May 9, 2010 after he was struck by a driver on a neighborhood street in Fontana. According to a news report in The Press-Enterprise, the major injury collision was reported in the 17200 block of Miller Avenue. The boy chased a ball into the street when he was struck by a gray 1997 Mitsubishi Montero. The driver of the Montero fled the scene of the crash. But the 17-year-old girl who is believed to have been the driver was located shortly afterward and arrested on suspicion of hit-and-run.

My heart goes out to the family of this young boy, who is apparently fighting for his life. I hope he has not suffered any catastrophic injuries and pray for his speedy and complete recovery.

Pedestrian Accidents

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were five fatalities and 39 injuries involving pedestrian accidents in Fontana. In San Bernardino County as a whole, 39 people died and 432 were injured as a result of pedestrian accidents during the same year.

Leaving the Scene of a Crash

If the details of this news report are accurate, it appears that the boy darted out onto the roadway and the vehicle struck him. It is not clear how fast the driver of the Montero was going at the time. Was she impaired? Was she speeding or driving recklessly? Would it have been possible for her to stop in time to avoid a collision?

Even if this accident was the fault of the boy or the grown-ups who were supervising him at the time, it was the duty of this driver to stop when she hit the child and remain at the scene of the accident. Leaving the scene of an accident or hit-and-run is a serious crime under California law. California Vehicle Code 20001 (a) states: "The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident." The driver is required to stop even if the accident is not his or her fault, exchange information with the other parties involved and very importantly, render aid to the injured victim.

Liability Issues

If this accident is determined to have been the driver's fault, she could be held liable for the serious injuries caused here. Injured victims and their families, in such cases, could seek compensation to cover medical expenses, cost of hospitalization, rehabilitation, therapy and even cost of long-term care if the injuries are catastrophic. An experienced California personal injury lawyer will also be able to determine whether there was a dangerous condition on the roadway, which may have caused or contributed to the collision. If that was the case, the city or governmental agency responsible for maintaining the roadway could also be held liable. Please remember that any such claim against a California governmental entity must be properly filed within 180 days of the accident or injury.

What steps do you take to keep your children safe? How often do you talk to them about traffic safety?

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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