Wednesday morning a traffic collision in Banning left an elderly passenger dead. According to the Press Enterprise, the accident happened about 9:25 a.m. when an SUV broadsided the Honda in which the 71-year-old passenger was riding. Following the accident on San Gorgonio Avenue, near the KOA campground, The victim, Jacqueline Clark from Yuma, Arizona was taken to Desert Regional Medical Center where she succumbed to her injuries roughly one hour after the crash. The driver of the Honda was taken to the hospital and later released. None of the occupants of the SUV, a Ford Expedition, were injured in the wreck. The cause of the accident is still under investigation.
Cause of the Accident
According to the news report, the Honda was exiting the "KOA Kampground", and the Expedition was traveling northbound on San Gorgonio when the collision occurred. The exit from the campground onto San Gorgonio is not controlled by a stop sign or a traffic light. In addition to that, because of signs and a curve in the road, it may be difficult for drivers leaving the campground to see northbound vehicles on San Gorgonio. While the driver of a vehicle "about to enter or cross a highway from any public or private property, or from an alley, shall yield the right-of-way to all traffic.." , the cross-traffic must then "..yield the right-of-way to the vehicle entering or crossing the intersection." (California Vehicle Code Section 21804) What this means is that once the driver entering the roadway is safely in the intersection, cross-traffic then has to allow the entering vehicle to proceed safely. Here, it is unknown where the precise point of impact occurred or whether the signs/rocks at the intersection played some role in the happening of the accident. Those two factors will likely determine the party or parties responsible for this tragic accident.
Comparative Fault
Assuming there is more than one party at fault for an accident, the responsibility can be divided (apportioned) under California law. Even where the injured party shares some of the fault, they may still recover for that portion of their damages caused by other parties. This has long been the law in California, and it serves a very legitimate purpose: to ensure every party is held accountable when they are negligent. A driver who is largely at fault should not be excused for the damages they cause simply because another party or parties may have been partly to blame. Consider the injustice if the law allowed a careless party, 90% at fault for another person's injuries, to escape any liability simply because the one injured was 10% at fault.
If you have been injured or a loved one killed in an auto accident involving complicated issues of comparative responsibility, contacting an auto accident attorney is often the best way to a full understanding of your rights.
SOURCE: BANNING: Traffic collision kills elderly woman, the Press Enterprise, July 17, 2013, by Richard Brooks
Cause of the Accident
According to the news report, the Honda was exiting the "KOA Kampground", and the Expedition was traveling northbound on San Gorgonio when the collision occurred. The exit from the campground onto San Gorgonio is not controlled by a stop sign or a traffic light. In addition to that, because of signs and a curve in the road, it may be difficult for drivers leaving the campground to see northbound vehicles on San Gorgonio. While the driver of a vehicle "about to enter or cross a highway from any public or private property, or from an alley, shall yield the right-of-way to all traffic.." , the cross-traffic must then "..yield the right-of-way to the vehicle entering or crossing the intersection." (California Vehicle Code Section 21804) What this means is that once the driver entering the roadway is safely in the intersection, cross-traffic then has to allow the entering vehicle to proceed safely. Here, it is unknown where the precise point of impact occurred or whether the signs/rocks at the intersection played some role in the happening of the accident. Those two factors will likely determine the party or parties responsible for this tragic accident.
Comparative Fault
Assuming there is more than one party at fault for an accident, the responsibility can be divided (apportioned) under California law. Even where the injured party shares some of the fault, they may still recover for that portion of their damages caused by other parties. This has long been the law in California, and it serves a very legitimate purpose: to ensure every party is held accountable when they are negligent. A driver who is largely at fault should not be excused for the damages they cause simply because another party or parties may have been partly to blame. Consider the injustice if the law allowed a careless party, 90% at fault for another person's injuries, to escape any liability simply because the one injured was 10% at fault.
If you have been injured or a loved one killed in an auto accident involving complicated issues of comparative responsibility, contacting an auto accident attorney is often the best way to a full understanding of your rights.
SOURCE: BANNING: Traffic collision kills elderly woman, the Press Enterprise, July 17, 2013, by Richard Brooks
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