Published: September 13, 2026
By: Yaghmai Law Firm, APC
(Kearny Mesa, CA) – A 37-year-old woman was seriously hurt over the weekend when a car drove over her as she lay on the ground in a Kearny Mesa parking lot, San Diego police said.
Officers with the San Diego Police Department were called around 10:45 p.m. Friday to the Mercury Bookstore parking lot at Balboa Avenue and Mercury Street, according to police. A 26-year-old man behind the wheel of a 2014 Honda Accord struck the woman as he pulled away from the lot, police said.
According to Officer David O'Brien, "The vehicle collided with the pedestrian. The driver felt the impact and backed up. He discovered the female on the ground." O'Brien said the woman was taken by ambulance to a hospital, where she was found to have a fractured sacrum and a fractured humerus.
The department's Traffic Division took over the investigation, police said. Investigators determined that impairment was not a factor in the collision, according to police.
Know Your Rights After a Crash
After a serious crash, California law gives injured people and families limited time to act. Evidence like vehicle data, camera footage, and witness memories fades quickly. A free, no-obligation case review can help you understand your options. Call or text (888) 800-6731, or start a free case review online. Asistencia en español disponible.
Analysis of the Kearny Mesa Parking Lot Collision
This account is drawn entirely from the police information reported by local news; nothing here assigns fault, which is a matter for investigators and, if a claim is filed, the courts. In California, the baseline duty every driver owes is set out in Civil Code section 1714(a), which makes a person responsible for harm caused by a lack of ordinary care. When a pedestrian is struck by a moving vehicle, investigators often look at what each party could see and do in the moments before contact, and whether the driver kept a proper lookout while maneuvering.
Because the collision reportedly happened as a vehicle was leaving a private parking lot, a driver's duty to watch for and yield to people nearby may become relevant. The general negligence standard would frame any question of whether ordinary care was exercised in moving the car. If the facts ultimately showed a statutory violation that contributed to the injury, Evidence Code section 669 allows a presumption of negligence where the violation proximately causes the type of harm the law was meant to prevent and the injured person is within the protected class.
California also apportions responsibility among everyone involved. Under Civil Code section 1431.2, non-economic damages are allocated in proportion to each party's share of fault, and section 1714(a) itself reduces recovery to the extent an injured person contributed to their own harm. How and where the pedestrian came to be positioned before the vehicle moved would be among the factual issues examined. Nothing in the reported facts establishes any of these points; they simply describe the framework a review would follow.
If a claim were pursued, the measure of recoverable damages is set by Civil Code section 3333, which compensates for all detriment proximately caused by the conduct at issue, including medical treatment for injuries such as the fractures described.
What Injured Pedestrians and Their Families Can Do
Anyone hurt in a crash like this should obtain a copy of the police traffic report once it is available, follow through on all medical care, and preserve evidence such as photographs, the vehicle's location, and the names of any witnesses while memories are fresh. California generally allows two years from the date of injury to file a personal injury lawsuit under Code of Civil Procedure section 335.1, and shorter deadlines can apply in some situations, so it is wise not to wait. A driver involved in an injury crash also has statutory reporting duties, including a report to the DMV under Vehicle Code section 16000. Because the facts and insurance issues in a pedestrian case can be complex, it often helps to speak with an attorney early. Were you, or someone you love, involved in this crash? A California car accident lawyer at Yaghmai Law Firm can explain your options and deal with the insurance companies for you. Call or text (888) 800-6731 or request a free case review.
About the Author
Houtan Yaghmai, Esq., President & Managing Attorney of Yaghmai Law Firm, APC. California State Bar No. 298487. Speaks English, French, and Persian. The firm represents personal injury clients throughout Southern California – consultations by phone, text, or video, no office visits required.
This post was assembled with AI assistance from publicly reported news sources cited below. All California Vehicle Code references were verified against leginfo.legislature.ca.gov. Facts were re-checked via additional web searches before publication. This post is based on initial news reports and may be updated as new facts develop. Nothing in this article is legal advice. Yaghmai Law Firm, APC is not associated with the investigating agencies and does not represent any party named in this post unless explicitly stated.
Sources:
1. NBC San Diego – Woman lying in a Kearny Mesa parking lot seriously injured when car drives over her
