California Injury Lawyer Blog

A Chico man died Monday night, shortly after he was struck by a car at about 8:45 p.m. police reported. The man, identified as 47-year-old James Swopes of Chico, was attempting to cross the Esplanade on foot in the 2600 block when he was struck by a southbound Nissan X-Terra SUV. Swopes was crossing Esplande between the parking lot of Tortilla Flats restaurant on the west side of the road to the area near the Priya Indian Restaurant on the east side.

The driver of the SUV, Julio Amezquita, 87, of Chico, told police he did not see Swopes until it was too late to avoid the collision. There was no marked crosswalk in the area where the accident occurred. Amezquita was not injured in the crash. Swopes was taken to Enloe Medical Center, but was pronounced dead on arrival.

The Chico Police department's Major Accident Investigation Team investigating the cause of the crash. According to the Chico Enterprise Record, part of the investigation will include an inspection of the Nissan to rule out any mechanical failure. Chico Police are hoping to locate the driver of another vehicle spotted in the vicinity at the time of the crash. Any witnesses are asked to contact Chico Police at (530) 897-4970.

Fault and Wrongful Death Liability

Based on the reports of this accident by KHSL News and the Chico Enterprise Record, the cause of the crash is still not clear. If the driver was speeding, he may be responsible. The coroner will also determine whether the pedestrian was under the influence of alcohol or any other drugs. Hopefully the investigation by law enforcement will determine what happened, how fast the Nissan was travelling, and who was at fault. While this crash is being investigated, the family of the man killed would be well-advised to speak to a California pedestrian accident attorney about their possible legal rights in a wrongful death claim.

Elderly Driving Accidents

In any accident involving an elderly driver, there is always the question raised of whether the driver still possesses the skills and ability to drive. Although many elderly people are able to drive safely, maintaining their independence should never come at the price of a innocent pedestrian's life. Even if the elderly driver is not cited by police, depending on the circumstances, he may still potentially be held liable for this accident in a wrongful death claim.