Close

San Diego Man Hits Pedestrian Critically Injuring Him

March 23, 2010

UNION-TRIBUNE STAFF WRITER DEBBI BAKER reported that a 86-year old Ray Ehlers critically injured Miguel Rodriguez while he was loading plants into his SUV. The incident occurred in the parking lot of the Costco store on Morena Boulevard on Sunday 3-21-10 at about 3:00 p.m.. The driver was not charged but his license was taken away according to officials.

According to San Diego police Detective Dan Wall the elderly driver was backing his Cadillac out of a parking spot when he stepped on the gas instead of the brake. His vehicle zoomed backward, hit a car behind him and then hit the SUV knocking it sideways ejecting the victims children out of the vehicles open door. The Cadillac knocked the 40 year old man down and ran over him. The victim suffered severe personal injury including a broken pelvis, a punctured lung and internal bleeding. The children also suffered personal injury.

Applicable California Law

California has no maximum age restrictions on licensing drivers, however drivers are required to have basic competency to drive safely. The California Department of Motor Vehicles offers a special eight hour course for mature drivers over 55 years of age. The victim and his children would have personal injury claims against the elderly man which would include any property that was damaged, medical expenses, loss of earnings and earning capacity and compensation for pain and suffering. The children could have claims for negligent infliction of emotional distress for witnessing their father being run over, which in addition to being ejected from the vehicle can be a very traumatic experience.

Auto accidents involving elderly drivers misapplying pedals are common. When the wrong pedal is applied, the driver can often become confused or disoriented and continue to step on the gas instead of the brake, Wall said. He also noted that medical conditions and medications can both affect a drivers acumen. According to the AAA Foundation for Traffic Safety, it expected that twenty percent of the drivers on the road will be 65 years of age or older by 2030. As the population continues to grow older, the issue of older driver competency will be of growing concern.

I know on a personal level that as my parents got older and progressively became less physically and mentally competent, I worried not only for their own safety but for others on the road. The loss of independence and autonomy for older people can be devastating psychologically and emotionally. The problem is, to coin a phrase, not one size fits all. Some relatively young seniors are poor drivers and other relatively older ones are very competent drivers. That is why guidance and advice from friends and family members of seniors is crucial to the safety of your loved one and others. In this particular case, as devastating and scary as the incident was for the elderly man, the victim and his children should seek advice from an experienced auto accident attorney specializing in personal injury law.


Client Reviews
★★★★★
“Zev helped me in an injury case after my first auto collision. Zev was such a great help and made everything easy and low maintenance. He works around your schedule and goes out his way to meet you. He communicated with me regularly and consistently kept me informed on the case. He made sure I was taken care of and I am happy with the outcome of the settlement. I would recommend him to anyone in need of legal assistance. Thank you Zev!” John N
★★★★★
"Mr. Rubinstein is the first lawyer I’ve ever used for an auto accident, but I must say he is very good at what he does. I didn’t need to do much on my part as he spoke and solved everything with the insurance companies. Even though I’ve never had another lawyer, he worked much faster and knew more ways to solve the case than another lawyer other people involved had used. I will be using him again, even though I hope I won’t need to, as he made things very simple and easy." A Kudzu User
★★★★★
"Thank you very much for all your hard work and effort in obtaining the settlement on my behalf. It s not often that I have met and worked with such a passionate, dedicated and focused lawyer. Your attention is 100% customer and goal oriented, and many business professionals could learn from your excellent can do attitude and effort. Zev is a great person and I am very appreciative of everything you did for me. I recommended this group for represent any person in case of car accident. Thank you Zev!" A Yahoo User
Contact Us