Last March, a 29-year-old tourist was struck and killed by a San Diego “Seal Boat” as she crossed the intersection at Harbor Drive and Pacific Highway. In late August, her parents filed a $10 million wrongful death claim against San Diego, accusing city officials of failing to take action sooner in regards to the dangerous intersection.
The fatal accident was the second time a pedestrian had been struck in that intersection, by a Seal Boat, in a six-month span. In the lawsuit, the young woman’s parents claim that the sign telling pedestrians not to cross the street is small and off to the side – unobtrusive and hard to see, at best.
In a video shot by NBC San Diego, you can see the small, white sign. It’s easy to imagine how a pedestrian talking on a cell phone, talking to friends or otherwise just not looking to the side might miss the warning.
As the news channel reports, many people seem to be unaware of the sign and a camera crew were able to capture several individuals crossing illegally in the space of a few minutes. It is this history of unaware pedestrians and multiple accidents that lawyers for the family hope to highlight in the case.
While it is important for pedestrians to be alert and aware of their surroundings, if a problem can be fixed – or at least partially alleviated – it seems important that city officials would be willing to take such steps.
For now, the lawsuit remains in limbo as the city decides whether or not to allow it. San Diego is required to have an answer by mid-October.
- $10 Million Lawsuit Filed Against the City (NBC San Diego)