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Edward Dutton Killed In Car Accident As He Was Crossing Geneva Avenue In Emerald Hills Area of San Diego


Sep 21, 2018

Surveyor Edward Dutton Died In Car Accident While Crossing the Street at Geneva Avenue In San Diego

 SAN DIEGO, CALIFORNIA (September 20, 2018) – A 73-year-old contractor identified as Edward Dutton was tragically killed in a car accident as he was attempting to cross the street at Geneva Avenue in Emerald Hills, according to San Diego Police.

The fatal accident took place on Monday around 7:30 a.m. Residents of the area have called the street a nuisance and say that it has been dangerous for years.

In particular, the sun impairs the vision of drivers as they are traveling down the road. One person has said that people often speed on that stretch of road as well.

In the past year alone he has witnessed at least 10 accidents. The driver that hit Edward Dutton crashed into a parked car after colliding with the victim.

San Diego police are still trying to determine if speed was a factor.

Rise In Pedestrian Accidents and Injuries

Pedestrian deaths have slowly climbed from their record low during the end of the Great Recession. In 2009 there were only around 4,000 pedestrian deaths annually, but by 2016 there were over 6,000 pedestrian deaths. A number of factors have pushed this growing trend:

  • More Drivers: As more people went back to work after the economy improved in 2009 this naturally led to more people on the road. Additional drivers means additional opportunities for accidents.

  • Walking: More Americans have chosen to walk places for a variety of different reasons including health and environmental concerns.

  • Defective Road Designs: Dangerous road designs put pedestrians and drivers at risk. When roads lack needed safety features like stop signs and traffic signals accidents tend to follow.

  • Smartphones: As computer power increased in 2008 smartphones became viable mainstream products for the first time. Our cherished devices not only distract us from the stresses of daily life – they’ve also distracted us from the road ahead. This is true for both drivers and pedestrians, which has turned out to be a fatal combination.

When a pedestrian is injured in a car accident they may have multiple routes in order to recover damages. A car accident attorney can evaluate your claim and let you know what your rights are.

Liability In Accidents On Dangerous Stretches of Road

Cities have a responsibility to maintain their roadways and take steps to remove active hazards that may contribute to accidents. According to the California Civil Code, “[A] public entity may be liable for a dangerous condition of public property even when the immediate cause of a plaintiff’s injury is a third party’s negligent or illegal act (such as a motorist’s negligent driving), if some physical characteristic of the property exposes its users to increased danger from third party negligence or criminality. Public entity liability lies under section 835 when some feature of the property increased or intensified the danger to users from third party conduct.” (Castro v. City of Thousand Oaks (2015) 239 Cal.App.4th 1451, 1457−1458 [192 Cal.Rptr.3d 376], internal citation omitted.)

For example, if an overgrown tree blocks a traffic light or stop sign this may cause drivers to avoid stopping and lead to an accident. If city officials were notified about the dangerously overgrown tree and they failed to trim it, that’s a huge problem. Such indifference may expose the city to a municipal negligence claim and allow victims to recover compensation for lost wages, medical bills and pain and suffering. Road design defect claims can be very difficult to pursue and require the careful eye of an experienced car accident attorney.

Getting Legal Help After A Car Accident

We at West Coast Trial Lawyers extend our condolences to the family of Edward Dutton. What happened is absolutely tragic and may have been preventable. How many accidents is it going to take before city officials take action and help correct this dangerous road. There needs to be safety measures put in place to help protect the residents of this neighborhood.

If you or someone that you love has died on a road with a history of accidents you may be able to file a claim against the city for damages. Our team of expert car accident attorneys have a proven track record of winning cases for our clients. We are proud to stand up to large insurance companies and fight hard to make our clients lives better. Whether you have questions after an accident or are seeking legal help we’re always here for you (888) 888-9285. Our personal injury lawyers are ready to help. 

Sources:

  1. CBS 8 Staff. Surveyor struck, killed by car in Emerald Hills identified. September 18, 2018

  2. Justia Staff. 1100. Dangerous Condition on Public Property—Essential Factual Elements (Gov. Code, § 835). 2017.

  3. Chris Giarratana. Address The Need For Safer Intersections. 2018

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