An 11-year-old girl was severely injured in a Modesto car accident when a minivan struck her as she crossed the street, the night of September 23, 2011. According to a KXTV news report, the injury pedestrian accident occurred on West Rumble Road, near Prince Albert Drive, in Modesto. She sustained head injuries and a fractured hip and has been listed in critical condition. Investigators are trying to determine what caused this collision.

My thoughts and prayers are with the injured victim of this terrible car accident. I wish her the very best for a fast and complete recovery.

Pedestrian Accident Statistics

According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), three people were killed and 92 were injured in Modesto pedestrian accidents. During that same year, eight fatalities and 167 injuries occurred as a result of Stanislaus County pedestrian accidents.

Laws Relating to Pedestrians

Based on this news report, it is unclear as to whether the girl was walking in a marked or unmarked crosswalk when the minivan struck her. 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."

Liability Issues

If the driver of the minivan is determined to have been at fault, then, he or she could be held liable for the injuries caused here. Injured victims or their families in such cases can seek compensation for damages including medical expenses, cost of hospitalization, rehabilitation, pain and suffering, and emotional distress. A knowledgeable Modesto personal injury lawyer will also be able to determine whether a dangerous roadway condition may have caused or contributed to the incident. If that was the case, the city or governmental agency responsible for maintaining the roadway can be held liable. Under California Government Code Section 911.2, any personal injury claim against a public entity must be filed within 180 days of the incident.