Donna Joyce Clark, 50, was killed in a Victorville car accident after she was struck by a vehicle while crossing the roadway. According to a news report in The Press-Enterprise, the fatal pedestrian accident occurred the evening of February 10, 2012 at the intersection of Sixth and D streets. Officials suspect that Clark was not in a crosswalk when a vehicle driven by a 28-year-old man hit her. Clark was transported to a local hospital where she died from her injuries. An investigation is ongoing.

I offer my deepest condolences to the family members and friends of Donna Joyce Clark for their tragic and heartbreaking loss. Please keep them in your thoughts and prayers.

Pedestrian Accident Statistics

According to California Highway Patrol's 2009 Statewide Integrated Traffic Records System (SWITRS), there were two fatalities and 18 injuries reported due to Victorville pedestrian accidents. In San Bernardino County as a whole, pedestrian accidents claimed 39 lives and injured 440 people, during the same year.

Pedestrians’ Right-of-Way Issues

Based on this news report, Clark was not in a crosswalk at the time of the collision. California Vehicle Code Section 21954 states: "Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard." The same section also states: "The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway."

Fault and Liability

I trust officials are looking into whether the motorist was speeding, distracted, inattentive or otherwise negligent at the time. If the driver is determined to have been at fault, he can be held liable for Clark’s wrongful death. A knowledgeable San Bernardino personal injury lawyer will be able to determine whether a dangerous condition on the roadway caused or contributed to the incident. If that was the case, the city or governmental agency responsible for maintaining the roadway can also be held liable. Under California Government Code Section 911.2, any personal injury or wrongful death claim against a governmental entity must be properly filed within six months of the incident.