A 61-year-old woman was fatally injured in a San Francisco car accident after she was hit by a vehicle while crossing a street intersection in Fremont. According to a news report in the Contra Costa Times, the fatal pedestrian collision occurred at the intersection of Mowry Avenue and Parkside Drive the night of May 14, 2010. A 30-year-old driver who was traveling east on Mowry in a 2003 Dodge Stratus hit the woman. When police arrived they saw the pedestrian lying injured in the street. She was taken to a local hospital where she died a few hours after the incident. The driver of the Dodge was not injured. An investigation is ongoing.


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I offer my deepest condolences to the family and friends of this deceased victim for their tragic and heartbreaking loss. Please keep them in your thoughts and prayers.

Pedestrian Accident Statistics

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were five fatalities and 45 injuries involving pedestrian accidents in Fremont, California. In Alameda County as a whole, 33 fatalities and 649 injuries were reported as a result of pedestrian accidents during the same year.

Right-of-Way Issues

Based on this news report, it appears that this fatal collision occurred at an intersection. It is not clear whether the woman was in a crosswalk when she was struck. Under California law, motorists must yield right-of-way to pedestrians in marked or unmarked crosswalks or at intersections.

Under California Vehicle Code Section 21950: "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."

Pursuing their Rights

In such cases families of deceased car accident victims would be well-advised to consult with an experienced San Francisco personal injury lawyer, who will stay on top of the official investigation and make sure that the negligent parties are held accountable. A skilled car accident lawyer will also be able to determine whether a dangerous or defective roadway caused or contributed to the crash. If that was the case, the city or governmental agency responsible for maintaining that roadway could be held liable as well. Under California Government Code section 911.2, any such claim against a governmental agency must be filed within 180 days of the accident or injury.

What steps do you take as a driver at intersections to consciously look for pedestrians?

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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