Humberto Twobulls, 21, of Billings, Montana, was killed in a Riverside car accident involving a minivan, the morning of September 15, 2012. According to the Riverside County Coroner’s website, the pedestrian accident occurred at the intersection of Clinton Keith Road and Iodine Springs Road in Wildomar. The Murrieta Patch reports that the pedestrian suffered severe head trauma and was transported to a local hospital in critical condition. He succumbed to his injuries at the hospital. The minivan that struck the victim was owned by a dry-cleaning company. The investigation is ongoing.
My thoughts and prayers go out to the family members and friends of Humberto Twobulls who are mourning the loss of their loved one. I offer my deepest condolences to them.
According to California Highway Patrol’s 2010 Statewide Integrated Traffic Records System (SWITRS), there were no fatalities, but one injury reported as a result of pedestrian accidents in Wildomar. In Riverside County as a whole, 32 people died and 349 were injured due to pedestrian collisions, during the same year.
Laws Relating to Pedestrians
Based on this news account, it appears that the accident occurred at the intersection of Clinton Keith and Iodine Springs roads. It is unclear as to whether the pedestrian was in a crosswalk at the time. California Vehicle Code Section 21954 states: “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.” The same section also states: “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.”
Fault and Liability
I trust officials are still looking into how and why this fatal accident occurred. How fast was the minivan traveling? Was the driver distracted, impaired, inattentive or otherwise negligent? Was there a dangerous condition on the roadway, which may have caused or contributed to this crash? If the driver of the minivan is determined to have been at fault, then, he or she can be held liable for the victim’s wrongful death. In addition, if the driver was on the job at the time, his or her employer can be held liable.
A knowledgeable Riverside personal injury lawyer will be able to determine whether a dangerous roadway condition led to the collision. If that was the case, the city or governmental agency responsible for maintaining the roadway can also be held liable. Under California Government Code Section 911.2, any personal injury or wrongful death lawsuit against a governmental entity must be filed within 180 days of the incident.