In San Francisco, two major pedestrian accidents occurred in a single day, one of which was fatal.

The fatal pedestrian accident occurred in the area of Ocean and Miramar avenues near City College while a female pedestrian survived with serious injuries after a collision with a Muni Railway 9-San Bruno bus at San Bruno Avenue and Burrows Street.

Oakland City on the other hand, also had a fatal pedestrian accident when a 45-year-old woman was killed by a hit and run driver while crossing the intersection.

Pedestrian car crash fatalities account for nearly 12 percent of all motor vehicle deaths and while the percentage may seem insignificant, as many as 4,378 people died from vehicle accidents in 2008. Also, 20 percent of these pedestrian deaths are from hit and run crashes.

In a study by the Insurance Institute Highway Safety, it was revealed that pedestrians were more likely to be at fault in collision accidents.

However, while some drivers are let off scot-free from pedestrian crashes, there are several instances wherein they can be both held criminally and civilly liable for pedestrian accident injuries or death. Here are some examples:

• The driver was violating a law (traffic lights or speed limit) when the accident occurred.
• The driver was driving under the influence of drugs or alcohol.
• Distracted driving such as texting or talking on one’s cell phone.
• Road rage incidents wherein the driver deliberately hurts the pedestrian or uses his vehicle as a weapon.
• Hit and run accidents.

Under the following scenarios mentioned, the driver is deemed negligent and the pedestrian or in case of death, his family may sue the driver for damages.

Every driver, upon receipt of his license, has the duty and responsibility to exercise due care and diligence on the road, especially towards pedestrians.

A breach of this duty will give rise to civil liability wherein the injured pedestrian may rightfully claim compensation for his medical expenses as well as loss of wages, pain and suffering he endured as a result of the accident.