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Los Angeles Car Accident Fatally Injures Elderly Pedestrian

By John Bisnar on April 16, 2010 - No comments

An 81-year-old man was killed in a Los Angeles car accident after he was struck by a vehicle while crossing in a marked crosswalk. According to a report in the Pasadena Star-News, the fatal collision occurred the evening of April 14, 2010 at the intersection of Bonita and Garey avenues, in Pomona. The seriously injured pedestrian was transported to a local hospital where he was pronounced dead shortly after the accident. Police believe that the motorist was traveling at about 35 mph when the fatal injury collision occurred. The driver has not been cited or arrested pending a police investigation.


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I offer my deepest condolences to the family and friends of this elderly pedestrian for their tragic and heartbreaking loss. Please keep them in your prayers.

Pedestrian Accident Statistics

There were four fatalities and 51 injuries involving pedestrian accidents in Pomona, according to California Highway Patrol’s 2008 traffic accident statistics. In Los Angeles County as a whole, 214 fatalities and 4,985 injuries were reported as a result of pedestrian accidents in 2008.

Right-of-Way Issues

If the details of this news report are accurate, it appears that the elderly pedestrian was walking in a marked crosswalk. Under California law, motorists are required to yield right-of-way to pedestrians who are in marked or unmarked crosswalks or at intersections. California Vehicle Code Section 21950 states: “The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.” The same section also states that the driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk “shall exercise all due care and shall reduce the speed of a vehicle or take any other action relating to the operating of the vehicle as necessary to safeguard the safety of the pedestrian.”

Fault and Liability

I trust officials are looking into whether this driver was impaired or distracted at the time of incident or whether he ran a red light at that street intersection. If the driver is determined to have caused this fatal accident, he could be held liable. If a dangerous or defective roadway caused this accident, then the city or governmental entity responsible for maintaining the roadway can also be held liable. Under California Government Code Section 911.2, any personal injury or wrongful death claim against a public entity must be filed within six months of the accident or injury.

Victims’ families in such cases would be well-advised to contact an experienced Los Angeles personal injury lawyer, who will stay on top of the official investigation and ensure that their legal rights and best interests are protected.

What safety features would you recommend for crosswalks to make them more visible to motorists?

The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

 

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