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CHP says driver not likely at fault for hitting 13-year-old on Old Stage Road


Saturday, January 19th, 2013
Issue 03, Volume 17.
Debbie Ramsey
Managing Editor
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A spokesman for the California Highway Patrol (CHP) said this morning (January 21) that the driver that struck a 13-year-old female pedestrian on Old Stage Road in Fallbrook Saturday, January 19, is not likely to be found at fault for the accident.

"It looks like the pedestrian will be at fault, not the driver," said CHP public information officer Jim Bettencourt. "We don't think there was anything the driver could have done [to avoid hitting her]; it appears that she walked out in front of the driver."

Bettencourt said the incident occurred at approximately 2 p.m. that day on Old Stage Road at Pippin Drive and the vehicle involved was a 2005 GMC Yukon sport utility vehicle, driven by an 18-year-old Fallbrook woman.

"The driver was traveling southbound and only going about 27 miles per hour," he said. "The girl had bought ice cream (from an ice cream truck) and was trying to walk back across [Old Stage Road]. She walked in front of the ice cream truck and into the street when she was struck by the vehicle."

Bettencourt said based on the report, the girl said she had "looked both ways" before walking eastbound across Old Stage to Pippin, but did not see the vehicle.

"It was just a bad accident," he said.

The girl suffered broken bones, abrasions, and possibly internal injuries, said Bettencourt.

"She had major injuries and was taken by Mercy Air to Children's Hospital in San Diego."

Bettencourt said he would like parents to caution their children about crossing a street, saying "instruct children to go where they have a full [unobstructed] view of the roadway when they want to cross."

"In the case of an ice cream truck, or other vehicle pulled temporarily over to a curb, they could also wait until the truck leaves so their vision is not impaired," he added. "I always say, 'look twice and then look again.'"

(previous story)

13-year-old girl struck while crossing Old Stage Road in Fallbrook

FALLBROOK - A 13-year-old girl struck by a vehicle while crossing a Fallbrook street today was flown to a hospital with life-threatening injuries, fire officials said.

She attempted to cross Old Stage Road near Pippin Drive, about 2 p.m., according to the California Highway Patrol and the North County Fire Protection District.

The girl had run toward the other side of the street to get ice cream, when she was hit, NCFPD spokesman John Buchanan said.

The vehicle remained on scene following the crash, Buchanan said.

According to a CHP dispatcher, the vehicle's driver was not arrested. It was unclear if a citation was issued.


 

68 comments

Comment Profile ImageBrother
Comment #1 | Saturday, Jan 19, 2013 at 11:21 pm
That's wrong, I'm her brother and was there and the fact that she didn't even get a citation pisses me off cause that was all false
Comment Profile Imagehnb
Comment #2 | Sunday, Jan 20, 2013 at 12:25 am
I hope she is ok! Was she injured at all? Keep us updated. Glad the driver stayed on scene and didn't run. My heart goes out to her and her family. You guys are in my prayers.
Comment Profile ImageParent
Comment #3 | Sunday, Jan 20, 2013 at 12:27 am
Prayers for this girl and family.
Comment Profile Imagejas
Comment #4 | Sunday, Jan 20, 2013 at 2:42 pm
so very sad.
Comment Profile Imageto her brother...
Comment #5 | Sunday, Jan 20, 2013 at 5:10 pm
Get witnesses. Get a personal injury attorney and sue the driver! So not fair. Make sure your sister gets all the medical station she needs and that the driver and her insurance pays!
Comment Profile ImageReality Checker
Comment #6 | Sunday, Jan 20, 2013 at 6:49 pm
@Brother,
Sad to hear such a tragedy, I'm praying she recovers completely and doesn't feel any after affects while living out a long and happy life. But, there is a good rule of thumb.....don't run out into oncoming traffic and you likely won't be hit by cars! What was the negligence on the drivers part, why do you insist the driver should have been cited? You can't stop a fast moving ton of steel on a dime using four patches of rubber the size of your palms contacting the pavement. Just because a person gets hit doesn't automatically mean the driver has any fault at all. Unless it was a crosswalk, or speeding, or driving without due regard, or DUI, asleep, distracted (cellphones) or something of that nature, why should the driver be cited? How about some personal responsibility here?
Comment Profile Imagegrunt
Comment #7 | Sunday, Jan 20, 2013 at 7:42 pm
@brother - so what happened? did your sister run into traffic or was she in a cross walk? you were there - tell us.
Comment Profile ImageFar rook
Comment #8 | Sunday, Jan 20, 2013 at 9:23 pm
How is the the victim? What is her name? Does the family need anything?
Comment Profile Imageconcerned peer
Comment #9 | Monday, Jan 21, 2013 at 12:07 am
Whats her name
Comment Profile ImageERIN
Comment #10 | Monday, Jan 21, 2013 at 9:09 am
Posts 1&5 are a perfect example of our entitlement generation.
Comment Profile ImageCheck it out
Comment #11 | Monday, Jan 21, 2013 at 10:28 am
There are NO crosswalks on Old Stage Rd. I go through there all the time and there are always children and teens from those apartments in or near the streets so I try and take it slow just in case because many of them do not seem to care if they are in your way or not. I have also noticed that people do speed through there as well and I have seen some near misses. My guess is that the child wasn't paying attention like she should. It was a regrettable accident but not necessarily the drivers fault. I pray for her speedy recovery.
Comment Profile ImageStage
Comment #12 | Monday, Jan 21, 2013 at 10:30 am
Wonder how fast the driver was going? Anyone that is familiar with Old Stage knows that cars go way over the speed limit most of the time. Kids and adults are always jay walking especially the section in between the VFW and Aviation.
Comment Profile ImageReality Checker
Comment #13 | Monday, Jan 21, 2013 at 10:43 am
@Erin -I completely agree.
Comment Profile ImageI agree
Comment #14 | Monday, Jan 21, 2013 at 1:12 pm
I agree with Reality Checker. I hope she makes a full recovery, however, until there are more facts, the driver cannot be assumed to be automatically at fault. I know when I was young and lived in that area, we would always be too close to traffic, luckily this never happened to us. And it sucks that Old Stage does not have any cross walks, but even if it did, no one is probably going to use them at the designated areas.
Comment Profile ImageReally
Comment #15 | Monday, Jan 21, 2013 at 3:00 pm
Comment #5 needs to crack open another Bud and get a job. Sounds like this girl made a poor decision and will have to live with the consequences. Hopeefully she will be OK and learn a lesson.
Comment Profile ImageSad but...
Comment #16 | Monday, Jan 21, 2013 at 4:19 pm
@ Reality Checker and Erin....couldn't agree more! At brother, hopefully your sister will recover well, accidents happen and that is why they were called accidents; however, just because there is an accident does not automatically presume guilt on the driver's part. I hope your sister learns from this, as well as, yourself....be cautious while crossing the street. At Stage it says mph. course perhaps that wasn't there when you read the first article.
Comment Profile Imagecitizen
Comment #17 | Monday, Jan 21, 2013 at 4:34 pm
i dont blame the brother for feeling that it its not fair ... i know too many people cut throught old stage to avoid the traffic from mission and main st and they sure dont respect the speed limit ... something needs to be done about this issue!!!!!
Comment Profile Image@ citizen
Comment #18 | Monday, Jan 21, 2013 at 5:17 pm
Do you think it fair that the driver be cited cause of an accident. Reread the article regarding the speed, while you are correct that people speed through there, that holds no weight in this instance.
Comment Profile ImageMe
Comment #19 | Monday, Jan 21, 2013 at 6:12 pm
27 mph and the girl walked out in front of the driver.

Case closed.
Comment Profile Imagerbc
Comment #20 | Monday, Jan 21, 2013 at 6:31 pm
I think its the girls fault... first when you go to the other side of the road..loook into each direction and then go but i think the girl didnt even hesitate to look..i think she just ran without looking...
Comment Profile ImageFallbrook Mom
Comment #21 | Monday, Jan 21, 2013 at 6:48 pm
@Brother
You are an awesome brother to defend your sister! I hope she gets better. She is very lucky to have such a caring brother.

The driver is also very young, only a few years older than your sister. Sometimes accidents happen and its not always showing someone at fault. When we grow up we find that sometimes accidents happen and its not anyone fault in particular. Maybe you can write a letter to the city asking them to repave Old Stage and add some cross walks. I am sure if you volunteer with the Sheriff's department or contact the County of San Diego you can find a way you can help change the traffic laws on the street.

That way, you can help everyone!
Comment Profile ImageFamily friend
Comment #22 | Monday, Jan 21, 2013 at 9:28 pm
The child is doing ok....her brother doesnt speak for everyone. Prayers also goes out to the driver who will have to live with this. It was an accident!!
Comment Profile ImageRyan
Comment #23 | Monday, Jan 21, 2013 at 9:45 pm
I know about a boy who got hit also about a month ago.....they really need to make that road safer and easier to cross
Comment Profile Imagewildheart
Comment #24 | Tuesday, Jan 22, 2013 at 12:59 am
Fallbrook Mom: To give you a bit of insight into the Old Stage Road improvement situation. After moving to Old Stage over 10 years ago (which was then 35 MPH) and seeing and hearing about a multitude of road, driver, and pedestrian-related issues, I contacted the likes of CHP to County of San Diego and a number of others for help with traffic- and pedestrian-related safety improvements for the area. Neighbors and others provided helpful input and insight about how to make Old Stage Road safer.

Over time, some of the requested changes asked for took place and some were denied. Old Stage Road was lowered to 25 miles per hour (with radar), sidewalks were eventually put in, repaving was done, and the south end of Old Stage was modified to try to reduce vehicle volume and get drivers to slow down. Crosswalks that were asked for were not approved and neither were the speed bumps, for instance. Nonetheless, there was a great deal of support from a variety of agencies and departments towards the cause. You can indeed see improvement on Old Stage Road.

And yes, years later and to date, there remains some notable challenges with Old Stage Road traffic, including high volume and high speed. Two blind hills, one near Pippin and one near the VFW, block driver and pedestrian viewing. A variety of hazards keep manifesting from this, including vehicle crashes and people being hit. Trying to get from one side of Old Stage to the other even now is highly dangerous. Given the high-risk nature of things, it is vital that everyone's safety be kept in mind. My advice is to use extra, extra, extra precaution as someone behind the wheel or on foot when on Old Stage Road.
Comment Profile ImageERIN
Comment #25 | Tuesday, Jan 22, 2013 at 9:23 am
Now that the CHP has placed fault on the pedestrian. I wonder if @Brother and @ to her brother would like to retract their posts.
Let's see how well they like it. When the driver sues their family for the cost of vehicle repairs and pain and suffering.
Comment Profile Image@really and ERIN
Comment #26 | Tuesday, Jan 22, 2013 at 10:45 am
I do have a job. Probably better than yours.

How do you not see someone crossing the street? The driver was probably speeding! We don't know that, but it's not fair that the girl's parents will have to pay for that accident, when the victim here is the girl. This happened to two people (@old stage road) that I know and was completely unfair. That is why I say get an attorney. This is not fair.
Comment Profile ImageCurious
Comment #27 | Tuesday, Jan 22, 2013 at 11:05 am
Oh please Comment#26: Can't you read? The car was going 27 mph and the girl stepped out from in front of the ice cream truck directly into the path of the oncoming car! Of course the driver didn't see her until it was too late. It was an accident. Life isn't fair, bad stuff happens, only someone who thinks the world owes them something would suggest suing. It is because of people like you that insurance premiums are through the roof. No reputable lawyer would take on this case because there was NO citation filed. The lesson here is "look before you cross the street".
Comment Profile ImageMe
Comment #28 | Tuesday, Jan 22, 2013 at 11:24 am
@really and ERIN.


Can't read huh Erin?
Comment Profile Image2 real
Comment #29 | Tuesday, Jan 22, 2013 at 4:56 pm
When I was young I was taught to look left,then right,then left before I crossed the street and I did and I never was hit by a car.I taught my son the same and he never was hit by a car.Parents teach your kids how to cross the street !
I hope the girl who got hit is OK.
Comment Profile ImageFriend
Comment #30 | Tuesday, Jan 22, 2013 at 5:43 pm
Aww I'm so sorry :( I hope you get better soon. I miss you already. Love you
Comment Profile ImageFriend
Comment #31 | Tuesday, Jan 22, 2013 at 8:30 pm
Hope You Feel Better Sophie :)
Comment Profile ImageWildheart
Comment #32 | Tuesday, Jan 22, 2013 at 8:38 pm
Citizen (#17). You're absolutely right in that drivers use Old Stage as a cut-through. They totally disregard the 25 MPH signs, and some drivers speed through at highway speeds, with no regard to who may be backing out of their driveway or trying to get to the other side of the road on foot. There's also been many more people living and visiting the Old Stage Road area over time, so you have additional vehicles coming and going. If CHP hears from more concerned individuals about the speeding and reckless driving issues going on in the Old Stage area, it will certainly help, even for a while. Call their Oceanside office during regular business hours. CHP is well aware of Old Stage Road and its long history of traffic/pedestrian challenges.
Comment Profile ImageLisa
Comment #33 | Tuesday, Jan 22, 2013 at 9:21 pm
The latest newspaper article states the driver was traveling 27 mph. It sounds like the girl wasn't paying attention and walked out into traffic. An accident. Simple as that. The article also states the driver will not be cited. What is with the sue-happy society (comment #5)??? I hope the girl recovers, but it appears that it wasn't the fault of the driver of the vehicle. Parents need to teach their children about safety and use common sense.
Comment Profile Imagesydneyp
Comment #34 | Tuesday, Jan 22, 2013 at 10:05 pm
I am her cosin and i am mad the driver didnt get in truble for this. who can just get away with hitting a 13 year old girl! I hope she gets better soon.
Comment Profile ImageCome on family
Comment #35 | Wednesday, Jan 23, 2013 at 1:16 am
So we have a brother and now a cousin not being able to see reality.... Where are the adults in this family? Who is teaching them accountabilty?
Comment Profile ImageFriend of a Friend
Comment #36 | Wednesday, Jan 23, 2013 at 2:47 am
There is shared responsibility here - The child should have been more cautious and the driver should have been driving at a crawl around an ice cream truck - Ice Cream trucks should be treated as School Buses - The big story here is not pointing fingers at an individual for faults, it has much more to about the quality of life and the healing that now needs to happen, and neither party is going to find "blame" as much of a healer.

I also believe that that accidents do happen and it is inevitable that we review the coulda, woulda, shoulda - but unless the CHP has reason to believe there was wrong doing - I hope that people will rally around forgiveness and prayer. Let the healing BEGIN

Peace and Love
Comment Continued : The comment above was written from the same location.
Post Continued
Comment Profile ImageFriend of a Friend
Comment #37 | Wednesday, Jan 23, 2013 at 3:01 am
One more thing - I understand and respect the energy behind many of these comments - this is a "charged" event with emotions running high with love and defense taking over, that is how family's usually work but don't loose sight of the big picture, the young women involved, there well-being - mentally this will be a major life changer for both and the younger girl I hope recovers 100% with no disabilities. Keep your on eye on the goal - healing - special prayers to the medical professionals behind the scenes
Comment Profile ImageTruth
Comment #38 | Wednesday, Jan 23, 2013 at 9:35 am
Everyone has to pay for their mistakes. Plain and simple, this was an accident. Somebody has to pay up! The girl that got hit, should sue the town/county or whoever, is in charge of that road. The road is a hazard. No crosswalk's anywhere, so to cross, you have to jaywalk!!!! "Hello People" Have some compassion for the the girl, that got hit and the driver. Someone still must pay up! Call it, an entitlement, if you want. It is still reality!!!
Comment Profile ImageSee spot run
Comment #39 | Wednesday, Jan 23, 2013 at 10:20 am
I walk miles everyday in town, including Old Stage. I have had to dodge cars many times. It is best to be defensive and always believe the drivers DO NOT see you, EVER. Best wishes to the young lady and her family
Comment Profile ImageCheck it out
Comment #40 | Wednesday, Jan 23, 2013 at 10:53 am
@Truth: I know that TV makes it look like suing someone is a piece of cake and that if you do you get piles of money. Well, that is TV. This is real life. First off Fallbrook is unincorporated which means we answer to the county of San Diego. The county officials have already looked at Old Stage Road and determined that they do not need crosswalks. To county officials that is the end of the discussion. The posted speed limit is 25 mph. I have compassion for the child who was hit an her family, I have compassion for the driver (it wasn't her fault) the CHP did NOT cite the driver, so she is out of it. If the parents can find an attorney to file a lawsuit, and it actually gets before a judge, here is what will happen. It will be considered a frivilous lawsuit and will most likely be thrown out of court, the parents will then not only be stuck for the medical bills but they will ALSO be liable for court costs. I am afraid that the only one who made a mistake here was the young girl stepping out into a busy road, and unfortunately she (her parents) will have to pay. I hope they have medical insurance. By the way, there are quite a few roads in Fallbrook, some more busy than Old Stage, without crosswalks. Even those that have crosswalks, like Main and Mission, are plagued by jaywalkers, saw a woman almost get hit on South Mission the other day running across pushing a stroller. Dumb!!
Comment Profile ImageReality Checker
Comment #41 | Wednesday, Jan 23, 2013 at 11:09 am
People that go around thinking they are owed payment or some entitlement just because life isn't fair just make me sick to my stomach. They are usually the most selfish of society. Shallow and lacking more honorable human qualities such as humility, respect for elders and others, compassion, and honesty.

Drivers of automobiles should always drive with due regard for thier surroundings and environment. That's road conditions, traffic, obstacles, weather, visibility, vehicle size and conditions, ect.; and should drive using their peripheral vision, and always anticipate and expect the unexpected and be ready to react with an escape route. If an escape route is limited, reduction in speed and extra caution should be taken. Even then, stuff happens. It just does. It's the laws of physics, and the worst way to learn them.
Comment Profile Image@Check it out
Comment #42 | Wednesday, Jan 23, 2013 at 11:57 am
This is Truth! You say you have compassion but then call the woman. You see pushing a stroller across, the street, on South Mission. "Dumb" haha Are you serious? Why, didn't you stop and help her? Politely, explain to her about crosswalk's. If she, No hablan Ingles. That's, Ok. Compassion and Kindness have No Language!!!! As far as the court's go. Are you a Judge? You "Check it out" Get off your high horse and come back down to Earth.

Have A Great Day!!!!
Comment Profile ImageCheck it out
Comment #43 | Wednesday, Jan 23, 2013 at 12:52 pm
Sorry "truth" but it is DUMB for that woman to put not only her life but the life of her innocent baby in danger by crossing an extremely busy roadway when there was a crossing only a few blocks away!! Have you ever been taught anything? I wasn't the one who almost hit her it was a Hispanic man in a big truck who had to slam on his brakes and skid into the next lane to avoid her, I was headed in the opposite direction, with quite a few other cars. By the way, I'm pretty sure she spoke English, because she was an over weight caucasian woman with blond hair, I'm also pretty sure she knew better than to jay walk, however she did it anyway and endangered herself and her baby just to save herself a few steps. I do have compassion for the young girl who was hit on Old Stage but she made a mistake, we all do. No, I'm not a judge but I know a little bit about the law, clearly you do not. I believe that the family is probably more concerned with their daughters welfare than they are with filing a lawsuit. Lets hope and pray that she recovers. I'm pretty sure that she will look both ways in the future before crossing a street. Lets hope so.
Comment Profile ImageFallbrook Mom
Comment #44 | Wednesday, Jan 23, 2013 at 2:27 pm
Thank you Wild Heart for the info!

I don't have a car here and I walk almost everywhere. Its pretty scary sometimes walking around Fallbrook. There aren't always sidewalks and drivers often have been driving a long while and need to drive through the city (from base, from De Luz, from Oceanside) and we all have to be careful. I always worry my son will be hit by a car, but I know ultimately the truth is that its my responsibility to keep him as safe as possible, even if thats leashing him up when we go on our walks.

I'd rather be hard - stared at and judged and than have a flattened kid. But ultimately, as a parent, its my job to access the situation and teach my son how to prevent the danger of traffic.
Comment Continued : The comment above was written from the same location.
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Comment Profile ImageFallbrook Mom
Comment #45 | Wednesday, Jan 23, 2013 at 2:28 pm
@Check it Out

I love your attitude!

You made my day, its great to know that there are still some humans with love for others out there.
Comment Profile Image@Check it out
Comment #46 | Wednesday, Jan 23, 2013 at 3:20 pm
You are still going on about the law. And you, are not a Judge? And you are assuming a lot about, the woman with the stroller. Hmmm SMH I was taught a few things. Here is a couple things, I do know. Be polite and kind to others and The truth shall set you free! Check it out, go smile at some strangers today. Help, someone cross the street, it. Will be Ok, I promise, you wont melt away.

Fallbrook Mom, if you need some help, crossing the street. I have the perfect person for you :)
Comment Profile ImageConcerned as well
Comment #47 | Wednesday, Jan 23, 2013 at 3:41 pm
I was coming out of the animal sanctuary on Aviation and saw the near miss with the woman and the stroller. The man who almost hit her wasn't showing much compassion Mr. Truth (comment 42) I don't speak much Spanish but I'm pretty sure that what he was yelling at her in Spanish was not "have a nice day". I agree, she was dumb, scared me to death she was going to get hit. That poor baby. Why would you say that Check it out has no compassion. He/She was telling you the real truth, in a nice way. You can care about someone and still say it is not very bright to jay walk.
Comment Profile ImageI know that girl
Comment #48 | Wednesday, Jan 23, 2013 at 4:16 pm
Hope you get better soon
Comment Profile ImageCheck it out
Comment #49 | Wednesday, Jan 23, 2013 at 5:14 pm
@Comment#46: You do not have to be a judge to know something about the law. I am merely pointing out the fact that if the parents of the young girl who was struck by the car while jay walking wish to sue (your idea, not mine) that they have little to no chance of winning. I also pointed out that if they were to sue and lose, they would probably have to pay the court costs, persons who bring law suits and lose typically do. I have a good education and I know several attorneys both professionally and as friends, they talk about the law, it can be extremely interesting and enlightening. I'm not sure why you think I am being mean, or why you believe for some unknown reason that I'm not a nice person? That is very judgmental on your part. Because I don't agree with you that they should file a law suit? You need to broaden your mind. I actually help people all the time, as a matter of fact I have been told that I am one of the friendliest people in Fallbrook. I always smile at everybody and frankly, when I drive down Old Stage I go about 20 mph because I know that a young child, teen, or even an adult might suddenly decide to cross the street without looking. One thing that I strongly believe in is that we have to accountable for our own actions. If you do something wrong it isn't always someone else's fault. Man up. I do not believe in filing frivilous law suits. I actually think, because of all the children in the area of Old Stage that there should be a cross walk, but the county generally does as it darn well pleases. I do have a question for you Truth. Have many times, when you have seen a pedestrian jay walking, have you stopped and "kindly" told them it is a bad idea? Just to be clear, and because you asked, I am "assuming" the woman with the stroller was too lazy to walk to the corner cross walk because she either was in a hurry to get to KFC or the thrift store. Whatever her reason it was DUMB!! She put her life, her babies life and even innocent drivers lives in danger by doing what she did. If there had been a car next to the truck that swerved to avoid her it would have been hit. What would you call someone who does something like that? I see pedestrians jaywalking in that area all the time. I know for a fact that several people have been hit there. So yes, I repeat, it is dumb. Do you think it is smart?
Comment Profile ImageThe Law
Comment #50 | Wednesday, Jan 23, 2013 at 7:21 pm
I see people posting about suing the driver, the County, jaywalking&such that appear to be misinformed. Jaywalking is crossing the street in the middle of a block. Crossing the street at an intersection, even without a crosswalk is not jaywalking.

Suing the driver. Considering the extensive injuries reported in the article, even if the driver had the maximum amount of insurance of $300,000, it would likely not cover the medical bills. The insurance company would also argue comparative fault on the part of the girl which would offset any recovery. An accident reconstructionist could be hired to determine whether the 2 mph over the speed limit made a difference, but that would cost thousands of dollars.

Suing the County. Public entities have immunity from liabilities that we private citizens don't have. But, dangerous condition of a roadway argument might be possible, although in my experience working as a paralegal for a personal injury attorney for 20 years, very difficult. Even if successful in this instance, there would still be an offset for comparative fault.

Note to family: Check the current law about time requirements for filing a claim against a public entity. I haven't worked as a paralegal for a few years, but when I last did, a claim must be filed with the public entity within 6 months of the injury, or you cannot file a lawsuit. Filing a claim doesn't mean you have to, if you decide not to, but it keeps your options open. I'm not sure if the fact that she is a minor extends it, but I don't think so.

Personal injury lawyers take these cases on a contingency fee basis, meaning, they don't get paid unless they recover money. Costs incurred however, would be your responsibility, such as investigation costs, experts, etc. those alone can be thousands of dollars. Most lawyers aren't going to take a case unless they believe there will be a payout at the end. I think you would have a hard time finding a lawyer to take the case, but it might not be impossible.

I am also a mom of a daughter about the same age&my heart breaks for what you are all going through. I pray for the girl's 100% recovery.
Comment Profile ImageCheck it out
Comment #51 | Wednesday, Jan 23, 2013 at 9:08 pm
Thank you Comment#50 for putting it better than I ever could. Real life isn't TV. Law suits are expensive. I feel nothing but compassion for the family and hope and pray for their daughters full recovery.
Comment Profile ImageRBC
Comment #52 | Wednesday, Jan 23, 2013 at 9:26 pm
RBC here @ all people#everyone ..... maybe its the girl fault
Comment Profile ImageERIN
Comment #53 | Thursday, Jan 24, 2013 at 9:00 am
Why stop with suing the driver? They should go after the ice cream truck and the ice cream maker. My gosh, if the ice cream wasn't so tasty. This girl would not have crossed the road. Thus avoiding an accident. Darn you tasty ice cream.
Comment Profile Image@ Check it out
Comment #54 | Thursday, Jan 24, 2013 at 9:02 am
You still assume a lot. Just relax and take it easy. Let your Conscience be your guide.
Comment Profile ImageCheck it out
Comment #55 | Thursday, Jan 24, 2013 at 9:28 am
I always let my conscience be my guide Comment#54. I also try and always use common sense. Since no one was chasing the woman with the stroller and since she was laughing, I'm pretty sure my assumption was right, she was being lazy and thoughtless. I suppose if she had caused an accident you would have advised her to sue someone. The driver of the truck for speeding? The county for not putting crosswalks every 5 feet? Erin (Comment #53) you are right on! Learn to take responsibility people, the world owes you nothing.
Comment Profile ImageJb
Comment #56 | Thursday, Jan 24, 2013 at 11:11 am
I agree with check it out. Suing is not the solution. This is tragic. Who in their right mind would ever want to live with hitting a child. Can you imagine how hard and startling that was for this driver? My mothers heart has nothing but compassion for a little girl getting an ice cream cone but ending up with severe injuries. That being said I have lived in Fallbrook the last 6 yrs and have never seen so many people,often mothers with babies or riding bikes, dressed in black or dark colors crossing roads on hills or in evening hours oblivious to traffic. It's insane. Thankful I haven't hit anyone!
Comment Profile Image@Comment40
Comment #57 | Thursday, Jan 24, 2013 at 11:37 am
Wow, we have a regular jailhouse lawyer here. You obviously don't know a thing about lawsuits. First of all, the parents of this young girl can and should sue the driver of the vehicle for all costs relating to this accident.

This driver was obviously going faster than they should have been. The girl could not have been jaywalking, because where the heck is the nearest crosswalk? That's right, there isn't one.

People are always racing through Old Stage where there are many children at play. Any good attorney will take this on a contigency for a bodily injury claim. The long and short of it is, the driver did strike and hurt a pedestrian. Maybe they won't be so hasty next time going down Old Stage.

To all the idiots who are talking smack on the poor pedestrians-
THIS IS DIRECTLY FROM THE CALIFORNIA DMV WEBSITE:

"The driver of a vehicle has the responsibility to exercise care
and caution for the safety of a pedestrian on any roadway.
It is a good driving practice to always yield the right-of-way to
a pedestrian crossing the roadway, regardless of who legally
has the right-of-way."

Always stop for a pedestrian at corners and intersections, and
at crosswalks which are at places other than a corner.
You must not pass a vehicle from behind that has stopped
at a crosswalk. A pedestrian hidden from your view may be
crossing."

"Always look to the side at intersections, crosswalks, and railroad
crossings."

"Watch for pedestrians and drive slower near: (a) crosswalks,
(b) schools, (c) buses, (d) school zones, (e) PARKED CARS, (f)
shopping centers, (g) in business districts, (h) playgrounds, (i)
RESIDENTIAL STREETS, (j) shopping centers, (k) PARKING LOTS, and (l) DOWNTOWN AREAS"


"Some crosswalks, especially in residential areas, are not
marked."

"For crosswalks controlled by signals or by stop
signs, drivers are required to yield the right-of-way to you the pedestrian, within any crosswalk, marked or unmarked."
Comment Profile ImageTruth
Comment #58 | Thursday, Jan 24, 2013 at 11:52 am
@ERIN/Check it out/ Yes even you, Reality Checker

Good idea, about. The ice cream truck. If, that ice cream truck, was not there. This whole thing, would not of happen. That is the Truth/Fact not an assumption! Woooooooooooooooo

i am done now. Thank you,
Have A Wonderful Day!!!!!!
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Comment Profile Image@@Comment40
Comment #59 | Thursday, Jan 24, 2013 at 1:07 pm
i don't know. Who, you are, Man or Woman. I love you though. haha These people, live in their own World and have no sense of Truth. it's unreal. It makes, the heart hurt. Honest, it does!
Comment Profile ImageCheck it out
Comment #60 | Thursday, Jan 24, 2013 at 3:10 pm
OK Truth, I will stop trying to confuse you with the facts. Before I go however I would like to make one more "assumption". I am "assuming" that you are a young person, probably female, probably still in high school. I am assuming this because you read but you do not comprehend. Also you are using punctuation marks and capitals in the middle of sentences which leads me to believe that English and Grammar are not your best subjects. I believe that you have a good heart and that you will most likely be a alright once you grow up. God bless.

To Comment#57: Please take the time to actually read the article before you comment and offer legal advice. A. The driver was going 27 mph. B. The young girl who was hit stepped out from in front of the ice cream truck into the path of the car. C. The driver was NOT cited. Now read Comment#50. If the parents (supposing they even wanted to) could find an attorney to actually take the case it would cost them thousands of dollars just to try and prove they had cause. If they were to do all of this and still lose the case they would, most likely have to pay court costs. Although all the points you made are actually from the State of California DMV website, unfortunately none of it pertains to this incident. It was an accident. Get over it and be thankful it wasn't worse.
Comment Profile Image@Check it out
Comment #61 | Thursday, Jan 24, 2013 at 3:36 pm
You are right, about the grammar/good heart comment. The rest however, you are wrong on, yet again! But it's, Ok. I am uneducated school wise. Yet, Truth-wise. I beat you. If, you want to meet me in the park and give me a grammar education. I am. All, for it. Either-way. I would like to give you a Truth education. God bless indeed, Sir. or Ma'am
Comment Profile Image...?
Comment #62 | Thursday, Jan 24, 2013 at 4:10 pm
This @Check it out/Truth person seems like one of those 'one upper' type people, huh?
Comment Profile ImageJustin
Comment #63 | Thursday, Jan 24, 2013 at 9:14 pm
Comment 19 - She didn't walk in front of the car...she looked both ways and the car turned onto a road and was speeding - most was false...we love u Sophie
Comment Profile ImageBummed.
Comment #64 | Friday, Jan 25, 2013 at 1:05 am
Your perspective changes when you know the 13 year old pedestrian or the 18 year old driver.

The reality is a girl not old enough to legally make her own decisions is In the hospital, and it's safe to assume the medical bills aren't going to make this year any easier for her family.

Maybe the girl should have looked, maybe the driver should realize you should be cautious around children when you drive...does any of this really matter?

The bottom line is that if you spent less time trying to tell some 13 year old girl she is guilty and deserved what happened as a result of her poor decisions, and maybe sent her an encouraging letter of support, a lot more progress would be made for both parties.

There is way too much pain in this world to spend your precious time criticizing anyone when you could spend your time trying to help. At least in prayer.
Comment Profile Image@...?
Comment #65 | Friday, Jan 25, 2013 at 9:02 am
You are wrong, my fellow misguided community stranger. I am actually, very humble. Just a fan of "Truth" is all. No wonder. why, Jesus had to get away from the people and meditate by himself. He was man and God. I am just a normal human. You people stress me out!
Comment Profile Imageolder sister
Comment #66 | Thursday, Jan 31, 2013 at 2:02 pm
ill tell you all that 10 days in the hospital and about 7 of them in ICU is not fair for a 13 year old. as for the young driver, im sure she has a hard time sleeping at night knowing what happened. my little sister is now home and doing great. she does have a long recovery ahead of her. i feel that those of you that find a 13 year old accountable for this have no children and no heart. i do not believe that anyone is to blame for this. it was an accident. i am now home with her from nor cal and i have a 2 year old. i have been out side with my son and i have watched people speed well over 25 mph on old stage and it sickens me after what happened to my little sister. slow down on the side roads. there are small children that are out playing. those of you that think that a 13 year old deserves this, your all high and you deserve anything bad that happens to you. you guys make me sick!
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Comment Profile Imageim sophie
Comment #67 | Tuesday, Feb 26, 2013 at 3:37 pm
thank you to my family and friends who supported this whole case and to the people who think it was my fault well you just have no hearts cause you probly just think i am just a stupid teenager but really you dont know me so dont say things that you dont know about me! i am recoverying really well i went to the docters today and my leg is 30% healed within just 1 month and i am out of my wheel chair and on crutches now for another month so thanks again for all the support. and by the way im not going to court cause either way it was an accident both ways and i am mostly mad at the ice cream man
Comment Profile ImageSophie
Comment #68 | Monday, Mar 24, 2014 at 1:32 pm
I am the child who got hit I am now 14 it has been over a year now and I was on crutches for six months with a elaserated spleen and broken femur and am now walking and completely healthy I have two titanium rods in my left femur and I had an operation on my spleen everything went well and fully recoverd thank you all for your thoughts and concerns and praying for me and my family but I am great and up on my feet again :)

Article Comments are contributed by our readers, and do not necessarily reflect the views of The Fallbrook Village News staff. The name listed as the author for comments cannot be verified; Comment authors are not guaranteed to be who they claim they are.

 

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