Local News

Mother killed by truck after pushing children out of way

SAN DIEGO — A woman who was walking two children to school died Wednesday morning after she was hit by an SDG&E truck while crossing the street, police said.

Ana HerreraThe accident happened at about 7:40 a.m. in the 3900 block of Cottonwood Street in the Shelltown neighborhood of San Diego. Ana Herrera, 37, was crossing the street in the middle of the block with her 5-year-old daughter, Anahi, and Jaslene Arias, a 4-year-old neighbor, Jaslene’s mother Raquel Arias told Fox 5 News. They were headed to nearby Balboa Elementary School, a walk they made every day, Arias said.

An SDG&E pickup came down the street and Herrera pushed the children out of the way before she was hit, police said. She was pinned beneath the Chevrolet pickup owned by the utility. Several neighbors heard the accident and lifted the truck off of the woman, Arias said.   Someone attempted to administer CPR until an ambulance arrived, according to police.

Herrera was taken to UCSD Medical Center and died shortly after arriving.

The two girls were taken to Rady Children’s Hospital. Anahi Herrera was in the intensive care unit being treated for a pelvic fracture and liver damage, Arias said. Jaslene was treated for scrapes, bruises and other with minor injuries, her mother added.

“I’m hurt…her life was taken away too soon,” said Arias. “I’m thankful that she saved our little girls.”

The accident was under investigation, but police said the pickup did not appear to be speeding when it hit the woman.The 55-year-old man who was driving, an SDG&E employee, had just turned onto Cottonwood Street from a side street before the collision, according to investigators.

“This is a devastating accident and our hearts and prayers go out to the family of the victim,” SDG&E said in a statement. “Safety is at the foundation of who we are as a company – from initial employee training to the construction, operation and maintenance of our facilities and the service provided to our customers. We are holding a safety stand down with employees to underscore our commitment to employee and public safety.”

VIEW & ADD COMMENTS

58 Comments to “Mother killed by truck after pushing children out of way”

    Guest said:
    January 22, 2014 at 10:05 AM

    What is with SDG&E teach your drivers to drive, first we have hit and run in El Cajon, now this. Start suig SDG&E maybe they will pay more attention to their employees.

      Sandy W. said:
      January 22, 2014 at 11:32 AM

      "was crossing the street in the middle of the block"

      Pedistrians DO NOT have the right to walk across the street anywhere except in a crosswalk. It is for their safety…

        J.D. said:
        January 22, 2014 at 11:56 AM

        Sandy W……You are showing your ignorance of the law, or is it just your ignorance! You should read the California Vehicle Code before making your uneducated and incorrect statements. Brush up on the law regarding controlled and uncontrolled intersections, crossing a street or highway and learn the legal definition of J-Walking. Regards………………..

          Audrey B. said:
          January 22, 2014 at 5:42 PM

          Directly from the California Vehicle Code:
          "Between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk." Cal. Veh. Code § 21955.

          Or, if there are no traffic control signal devices at the relevant intersections, then, "Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard." Cal. Veh. Code §21954(a).

          It is a tragedy to be sure, but nothing reported in this article indicates that the SDG&E driver was at fault, and Ms. Herrera may in fact have been in violation of the law, despite your assertions as to Sandy W.'s presumed ignorance.

            Conrad said:
            January 22, 2014 at 7:27 PM

            Audrey,
            I quote Sandy:

            Pedestrians DO NOT have the right to walk across the street anywhere except in a crosswalk

            Her claim is that the only legal way to cross a road is via a crosswalk. See her postings throughout this comments section. That claim is incorrect. Even your own posting covers that. Yes, a pedestrian must enter the roadway with caution and yield to motor vehicle traffic. However, people can legally cross a road wherever they feel like it, unless there are traffic lights at the end of each intersection within that block, or prohibited by sign. As your posting also reads:

            Or, if there are no traffic control signal devices at the relevant intersections, then, "Every pedestrian upon a roadway at any point other than within a marked crosswalk……

            Well, she entered the road at a point other that within a marked crosswalk, which is legal. Just have to yield to the traffic.

            Sandy W is incorrect in stating that the only legal crossing is within a crosswalk. Ms. Herrera (and or children) did not yield to the motor vehicle traffic. Presumably she was attempting to remove the children from harm's way. It is sad.

    dailydebacle said:
    January 22, 2014 at 10:08 AM

    At least the SDG&E driver didn't flee the scene this time. Still, looks bad for the utility. Investigation should focus on driver distractions (e.g. multitasking while driving?). Better get the talking heads out in front of this SDG&E!

      Sandy W said:
      January 22, 2014 at 11:27 AM

      I couldn't be that the woman was NOT crossing in an approproiate crosswalk? Why do pedistrians THINK they have the right to walk across the street anywhere they want?

      " was crossing the street in the middle of the block with"

        Paula said:
        January 22, 2014 at 1:41 PM

        Because Sandy W, generally you can cross mid block. Check out the law before coming here as a self-professed expert.

      Fred said:
      January 22, 2014 at 1:08 PM

      This Scam Diego Gouge and Extorsion driver probaly wasn't drunk like the other one was when he took off. Just sayin!!!

        Hoodrathater said:
        January 22, 2014 at 5:55 PM

        Ignorant comment, it was her fault, she was focused on the kids not the traffic, I feel so sorry for the gentleman that hit her, he must be devastated, sad, very sad for all parties involved.

    Juju Bee said:
    January 22, 2014 at 10:13 AM

    That's why people need to use cross walks and look both ways. This lady was probably not watching where she was going!!!! Always quick to blame drives. It's people who walks fault too!!

      Mich said:
      January 22, 2014 at 12:24 PM

      I see it all the time! Parents need to use the crosswalk/ designated walk ways whenever you have your children!! Come on they are precious little ones, handle them with care.

    Juju Bee said:
    January 22, 2014 at 10:14 AM

    See crossing the street in the middle of the block. I see this all time! Stupid lady!

      Brandon said:
      January 22, 2014 at 11:07 AM

      Hey retard, did you read the article or at least read the title properly? She saved her kid's and neighbor's kid's life. Fuck outta here…

        Sandy W. said:
        January 22, 2014 at 11:29 AM

        "was crossing the street in the middle of the block"
        Yes she saved the kids but IF perhaps she crossed in a designated cross walk this would not have happened?
        Pedistrians DO NOT have the right to walk across the street anywhere except in a crosswalk. It is for their safety…

          Angie said:
          January 22, 2014 at 12:02 PM

          Sandy W. Please cite the law you make reference to? What specific law is there which prohibits the crossing of a roadway mid-block? If you say Jay Walking you better read that law as well.

            Audrey B. said:
            January 22, 2014 at 5:46 PM

            "Between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk." Cal. Veh. Code § 21955.

            Or, if there are no traffic control signal devices at the relevant intersections, then, "Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard." Cal. Veh. Code §21954(a).

          Geo said:
          January 22, 2014 at 1:43 PM

          You are retarded. Better brush up on your legal knowledge.

            Geo said:
            January 22, 2014 at 1:45 PM

            That was directed toward Sandy and not Angie.

          Guest said:
          January 22, 2014 at 1:52 PM

          Sandy W you are a buffoon

        Sandy W. said:
        January 22, 2014 at 11:30 AM

        FROM THE ARTICLE: "was crossing the street in the middle of the block"
        Yes she saved the kids but IF perhaps she crossed in a designated cross walk this would not have happened?
        Pedistrians DO NOT have the right to walk across the street anywhere except in a crosswalk. It is for their safety…

          Howard said:
          January 22, 2014 at 12:14 PM

          You are wrong. The pedestrian has a duty to yield to cross traffic, but can cross mid block other than between two intersections controlled by traffic lights, or posted signage making it unlawful. Learn the law. Knowledge is a wonderful thing.

          21954(a) CVC – Pedestrians Outside Crosswalk – Every
          pedestrian upon a roadway at any point other than within a marked
          crosswalk or within an unmarked crosswalk at an intersection shall
          yield the right-of-way to all vehicles upon the roadway so near as to
          constitute an immediate hazard. (b) The provisions of this section
          shall not relieve the driver of a vehicle from the duty to exercise due
          care for the safety of any pedestrian upon a roadway.

            Audrey B. said:
            January 22, 2014 at 5:56 PM

            True, except that the reporting that "police said the pickup did not appear to be speeding when it hit the woman" would tend to indicate that Ms. Herrera may not have properly yielded right-of-way. It is a tragic occurrence, but not necessarily one that the SDG&E driver needs to be vilified for.

            Conrad said:
            January 22, 2014 at 7:32 PM

            Very true

      Tracy said:
      January 22, 2014 at 12:02 PM

      YOU ARE AN IDIOT JUJU BEE…………………………..

        Marcia said:
        January 22, 2014 at 1:47 PM

        Sandy W is an idiot as well.

      bruce said:
      January 22, 2014 at 5:23 PM

      Hey, chubbibee , why name call the poor lady?

    peppinoxxx said:
    January 22, 2014 at 10:15 AM

    sad…but press shoud't twist it…as they ALWAYS do…..bottom line the lady was j-walking and put her kids in danger

      Stacie said:
      January 22, 2014 at 12:05 PM

      J-Walking???? Do you know the legal definition? Maybe you should educate yourself.

        Julie said:
        January 22, 2014 at 12:16 PM

        So is Sandy W.

        peppinoxxx said:
        January 22, 2014 at 1:54 PM

        i have an edjimication…look up j-walking…I am not upset with the lady….as I said it's sad….I don't like the way the press handled it…if it were a man…or a black man…and he hadn't died…they would have arrested him for child endangerment…

          Hal said:
          January 22, 2014 at 3:49 PM

          You are an idiot…………………

            Scud said:
            January 22, 2014 at 5:45 PM

            Not only is he an idiot, he's a bigot !!!!!

      Cooper said:
      January 22, 2014 at 1:50 PM

      Take your head out of your ass. She was not j-walking. Educate yourself before making these uneducated comments.

    Guest said:
    January 22, 2014 at 10:31 AM

    You know how many times drivers looking into traffic to see if it is clear cross the sidewalks and hit people? Start filing police reports when you get clipped and turn it over to an attorney, that will stop this problem. Everybody looks for oncoming traffic but nobody looks to see if there are people/children on the sidewalks.

      Sandy W said:
      January 22, 2014 at 11:35 AM

      Excuse me, per the article, they were NOT on the sidewalk but crossing the street and NOT in a crosswalk. Walked right out into the road.

        J.D. said:
        January 22, 2014 at 11:55 AM

        Sandy W……You are showing your ignorance of the law, or is it just your ignorance! You should read the California Vehicle Code before making your uneducated and incorrect statements. Brush up on the law regarding controlled and uncontrolled intersections, crossing a street or highway and learn the legal definition of J-Walking. Regards………………..

    PB GEEK said:
    January 22, 2014 at 1:09 PM

    Sandy W: Telling a lie multiple times does NOT make it the truth. Your wrongness has been confirmed by several posters already. Damn liberals.

      Audrey B. said:
      January 22, 2014 at 5:49 PM

      Actually, all the other posters have done is claimed there is no law against jaywalking and demanded Sandy W. to cite a law. Certainly no one has cited a law that makes crossing outside an intersection strictly legal.

      (1) Crossing outside a crosswalk is patently forbidden under certain circumstances – "Between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk." Cal. Veh. Code § 21955.

      (2) Even when not patently forbidden, crossing outside a crosswalk is still subject to limitations at all times – "Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard." Cal. Veh. Code §21954(a).

        Para Law Gal said:
        January 22, 2014 at 7:46 PM

        Audrey,
        I see nowhere that anyone has stated that jaywalking is not against the law. I see clearly that there is a law with very specific elements which define that offense:

        1) On a roadway that has traffic signals at the beginning and end of the block – that would be the between adjacent intersections controlled by traffic control devices clause.

        2) When directed by a police officer not to cross.

        Under those conditions you must cross at the intersection or it is jaywalking. Other than that, crossing at mid block is perfectly legal in California. The area where this unfortunate accident occurred does not have traffic lights at both ends of the specific intersection, and I don't believe there was an officer on scene directing traffic prior to the accident.

        You are also incorrect Audrey B. 21954(a) of the vehicle code, as listed in an above message addresses crossing outside a crosswalk. It does not prohibit it, but gives vehicles the right of way.

        You need to examine the law before showing your ignorance at the keyboard!

          Audrey B. said:
          January 22, 2014 at 8:10 PM

          I have examined the law, and simply appear to be applying it differently than you are. You yourself agree that the statute says pedestrians outside a crosswalk are to yield the right of way to vehicles. The article reports that, "police said the pickup did not appear to be speeding when it hit the woman", which would tend to indicate that Ms. Herrera may not have properly yielded right-of-way. Therefore, Ms. Herrera may well have been in violation of California law at the time that the incident occurred.

          Now, admittedly, I do not practice California traffic law. So if you come back and tell me you are a California traffic attorney, I will gladly cede to your superior intellect on the subject.

        Rag Man said:
        January 22, 2014 at 7:52 PM

        Audrey B you are an idiot.

        Your postings show your ignorance of the law and your lack of understanding of statutory requirements. Pull your head out of your behind and try to comprehend the law.

        Your lack of legal comprehension is obvious.

          Audrey B. said:
          January 22, 2014 at 8:15 PM

          And I daresay that your post here shows an inability to engage in meaningful debate. If you have some sort of intelligible rebuttal that you would like to make, I would be happy to engage in a repartee of wits. For instance, is there a specific "statutory requirement " that you see me to be overlooking? As it stands right now, you seem to have nothing more to bring to this discussion than insults.

    Guest said:
    January 22, 2014 at 1:20 PM

    Dang, where do we go when we see the next SDG&E vehicle? They are like JAWS, they are going to get you no matter where you go!

      Hoodrathater said:
      January 22, 2014 at 5:52 PM

      Ignorant comment

    Gandalf said:
    January 22, 2014 at 1:35 PM

    California Vehicle Code:

    21955. Between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk.

    Traffic controlled signal devices are also know as traffic lights or traffic signals, as defined by California law.

    The woman was not jaywalking. Anyone can lawfully cross the street mid-block unless there are traffic signals at each end of the block, as are most downtown San Diego intersections.

    A pedestrian must use due caution (and common sense) when stepping into the road. In this specific case the news article states she was pushing the children out of the way of the moving vehicle. Very unfortunate for all parties.

    Some people are showing their ignorance of the law by spouting off about crossing mid block. And they are wrong!!!!! Some people are "experts" but only in their own mind. Don't let facts or the law get in the way of know-it-alls,

    Bowler's Desk San Diego News said:
    January 22, 2014 at 4:06 PM

    Reblogged this on San Diego News – Bowler's Desk and commented:
    Mother killed by truck after pushing children out of way

    ron said:
    January 22, 2014 at 4:44 PM

    Going too fast or not paying attention while driving…maybe both.

      Gonzo said:
      January 22, 2014 at 5:49 PM

      Maybe neither. Maybe the kids darted out and the poor woman attempted to rescue them.

    Hoodrathater said:
    January 22, 2014 at 5:51 PM

    There were NO witnesses, how do they know she pushed the kids out of the way??? She was in the wrong, kids darted out, she focused on them not the traffic, tragic as it is, it was her fault.

    esco said:
    January 22, 2014 at 6:22 PM

    And as sad as this is I'll still jaywalk. I know me and I'll never learn.

      Phil said:
      January 22, 2014 at 7:48 PM

      But she didn't jaywalk. She failed to yield to vehicular traffic but didn't jaywalk, as defined by statutory law.

    HLM said:
    January 22, 2014 at 8:18 PM

    Hopefully I can clear up a legality.

    I am a San Diego law enforcement officer, and I am assigned to investigate traffic collisions.
    I am in no way involved in this incident nor do I possess any "inside" information relation to this collision.

    What I can say is that this is not jaywalking. She, nor the children committed a jaywalking violation. It is permissible to cross a street mid block and / or without a crossway unless prohibited by statute. And the laws have been properly quoted several times in the comments section. In watching the television news report I can see that this block does not have traffic signals at the end of each block. I will assume that no law enforcement officer was present to verbally direct this woman not to cross the street. Therefore, the necessary elements of jaywalking have not been met. No jaywalking offense was committed. Perfectly legal to cross mid block in this area. Downtown San Diego is a different matter.

    However, any pedestrian entering a roadway must do so in a safe manner and yield to vehicular traffic. Not doing so is commonly referred to a Pedestrian leaving a place of safety. If they choose to cross mid block, the pedestrian is required by law to do so in a safe manner, and yielding to through traffic.

    No jaywalking violation but possibly a pedestrian violating the right of way of through traffic violation.

    No matter what, this is very sad and unfortunate. A woman lost her life, two children injured and a man involved in a fatal motor vehicle collision that was probably non-preventable on his part.

    Drive with care.

      Audrey B. said:
      January 22, 2014 at 8:29 PM

      Thank you HLM, this comment is both compassionate and informative.

      Not being familiar with California law personally, I was using the statutes that I found and Black's law dictionary's definition of "jaywalking" to reach a conclusion that it would appear is not in line with how California traffic law is actually practiced. I appreciate having someone with a first-hand understanding of the local legal system explain it so fully.

      It was definite a very tragic occurrence all the way around.

      Dan said:
      January 22, 2014 at 9:22 PM

      As a defense attorney who has represented many defendants with traffic related matters, I concur completely with what this officer is saying.

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