A woman and her 7-year-old granddaughter were injured in a Modesto car accident after a pickup struck them. According to a news report in The Modesto Bee, the pedestrian accident occurred at East Whitmore Avenue and Fifth Street in Ceres, the night of February 4, 2012. Officials say a 25-year-old man driving a Chevrolet pickup truck hit the woman and her granddaughter at the intersection. The woman suffered head injuries, cuts and bruises. The granddaughter sustained broken ribs and internal injuries and has been listed in serious condition. It is unclear what caused this accident or if the driver will be cited for the collision.

My heart goes out to the two injured victims of this pedestrian accident. Please keep them in your thoughts and prayers.

Pedestrian Accident Statistics

According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), one person was killed and 10 were injured in Ceres pedestrian accidents. In Stanislaus County as a whole, there were eight fatalities and 167 injuries reported involving pedestrian accidents, during the same year.

Laws Relating to Pedestrians

Based on this news report, investigators are trying to determine who had the right of way. It is not clear if the victims were in a crosswalk, but they were at an intersection. 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

In this particular case, if the driver is determined to have been at fault, then, he can be held liable for the resulting injuries and damages. Pedestrian accident victims would be well advised to contact a skilled Modesto personal injury lawyer, who will stay abreast of the official investigation and ensure that their legal rights and best interests are protected. A knowledgeable car accident attorney will be able to determine whether a dangerous condition on the roadway caused or contributed to the accident. 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 claim against a governmental agency must be properly filed within 180 days of the incident.