California Injury Lawyer Blog

A 14-year-old Acampo girl died early Wednesday morning after she was struck by a vehicle in Lodi, CBS 13 News reported. The San Joaquin County pedestrian accident occurred around 5:45 a.m. on East Highway 99 Frontage Road just north of Woodbridge Road. The girl, who was not identified, was apparently crossing the road with her sister to catch a school bus when she was struck. Her sister, who made it across the road and was not hurt, witnessed the accident. The victim was airlifted to Lodi Memorial Hospital with major injuries, where she died.

Cause of the Accident

The cause of the accident remains under investigation by the CHP. Based on the limited information provided in news reports, it is not clear why the girl was struck. The CHP will surely look at the speed of the vehicle, possible driver impairment or distraction, evidence of braking, such as skid marks, and other factors in determining whether the driver could have prevented the fatal pedestrian accident. At this point, there are more questions than answers as to what happened and why.

Pedestrian Accident Liability

Whenever a pedestrian is struck by a moving vehicle there is always the potential of very serious injury. Pedestrians do not have the protection of a seatbelt, airbag, or steel walls of a vehicle, or even a helmet that a cyclist may have. If the driver of the vehicle is determined to be responsible for the crash, he or she may be liable for the victim's death, including funeral and burial expenses, loss of love, care and companionship and other accident-related expenses. In situations such as this September 1st Lodi pedestrian accident, the parents of the victim may benefit from speaking to a California pedestrian accident lawyer about their legal rights following this accident. A knowledgeable lawyer can review the facts of the accident, explain the unique legal issues relevant to a potential wrongful death claim, and advise the victim's family of their best course of action going forward to protect their rights.

Continue reading "Teenager Crossing Street Struck and Killed by Car in Lodi " »

A grandfather was critically injured after a woman lost control of her Dodge pickup truck and collided with three other parked cars and ran over him next to Wolters Elementary School in Northeast Fresno. The accident occurred around 2:30 p.m. Wednesday, just as school got out on the day before the last day of the school year.

The 31-year-old woman, who was driving without a license, claimed to have suffered some type of medical condition and told police before the crash. According to the Fresno Bee, the driver of the pickup truck was initially travelling westbound on San Jose Avenue near First Street. In front of Wolters Elementary, she struck a Honda that had three people in it. Her pickup truck then crossed the roadway and struck the grandfather pushing a one-year-old girl in a stroller, dragging him and the baby about 20 feet. The driver then struck another vehicle.

The grandfather suffered severe injuries and was pinned under the vehicle until firefighters could remove him. He and the one-year-old girl were taken to Community Regional Medical Center. The unlicensed driver complained of neck pain and was also taken to a local hospital. According to Fresno Police, she may be cited. Many children waiting to be picked up by their parents witnessed the crash.

Continue reading "Grandfather Critically Injured After Being Struck by Out-of-Control Vehicle in Northeast Fresno " »

A 58-year-old man was struck and killed early Thursday morning while crossing Avenue 416 in Orosi, the Visalia Times-Delta reported. The May 27th fatal pedestrian accident occurred near the intersection of Road 126, at about 3:15 a.m. According to news reports, the man, who was not identified, was crossing the street when he was struck by a 2001 Ford Taurus driven by a 65-year-old Orosi man. He died at the scene. The California Highway Patrol is investigating the cause of the fatal Orosi pedestrian accident.

Cause of the Accident

Based on the limited information provided in news reports, the cause of the pedestrian accident is not clear. The CHP will determine if the driver of the car could have done anything to prevent this accident, and hopefully help the family understand exactly what happened.

Wrongful Death Liability

While this fatal Tulare County pedestrian accident remains under investigation, the family of the victim would be well advised to discuss this accident with a California wrongful death attorney. Even if the driver is not cited by law enforcement for causing the accident, he still may be held liable in a civil wrongful death claim. An attorney can help the family protect and understand their legal rights and review the facts of this incident to determine if they may obtain compensation for the loss of their loved one in a wrongful death claim.

Continue reading "Man Crossing Street Struck and Killed in Orosi " »

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.

Continue reading "Pedestrian Struck and Killed April 19 in Chico " »

A Roseville woman pushing a car that out of gas was struck and killed by a 1993 Jeep Grand Cherokee Monday night, authorities reported. The Placer County accident happened in the northbound direction of the Foothills Boulevard overpass between Roseville Road and Denio Loop, shortly after 7 p.m. The victim, Dawn Rachael Nelson, 34, of Roseville, was pushing the 1990 Nissan Maxima when she was struck from behind by the jeep, driven by a 17-year-old Antelope boy. Nelson was taken by ambulance to Sutter Roseville Medical Center where she died. It was not clear whether the other two people helping push the disabled car were injured or not. The Roseville Police Department's Major Accident Investigation Team is working to determine the cause of the accident.

Our sympathy goes out to the family of Dawn Nelson and everyone who knew and loved her. Please keep her family in your prayers.

Who Was At Fault?

Based upon the limited news reports of this tragic accident, it is not evident why the teenager struck Nelson. Was he distracted or speeding? Police did not say whether drugs or alcohol were a factor in the accident, or whether the teen driver was cited or arrested. In fatal pedestrian accidents such as this one, an experienced California wrongful death attorney could help the victim's family protect their legal rights and hold the negligent parties responsible for their loved one's wrongful death. An attorney can stay on top of the investigation and help the family handle insurance matters, and ultimately help them obtain the damages they are entitled to for their heartbreaking loss.

Continue reading "Woman Pushing Disabled Vehicle Struck and Killed by Teen Driver " »

A 57-year-old Rohnert Park man was critically injured when he was struck in a marked crosswalk near the Larkfield Shopping Center, authorities have reported. The Sonoma County pedestrian accident occurred shortly before 10:30 a.m. on Thursday, March 18th. The victim was walking eastbound across Old Redwood Highway when he was truck by a red Cadillac sedan. The man, identified as Thomas Wandrey, made a large depression the Cadillac's windshield, and then was thrown 75 feet north of the crosswalk. He remained conscious at the scene but was taken to Santa Rosa Memorial Hospital with very serious injuries.

A Dangerous Intersection?

The driver of the Cadillac, an 85-year-old Hidden Valley Resident, told CHP officers he did not see the victim in time to stop. It is not known how fast he was driving. According to an article in the Santa Rosa Press Democrat, the crosswalk where the accident occurred is "described by neighbors as a treacherous path long in need of a signal light." According to the newspaper account of the accident, witnesses, neighbors and members of the nearby Rincon Valley Fire Station said "motorists routinely exceed the posted 35 mph speed limit and often honk or yell at pedestrians in the crosswalk as if they didn't belong there."

Fault & Liability Issues

The family of the man critically injured in this Santa Rosa pedestrian accident would be well-advised to consult with an experienced California pedestrian accident lawyer as soon as possible. An attorney can help the injured man protect his rights and recover compensation for the very serious injuries he sustained in this accident. This starts with a thorough review the police report, gathering of witness statements, and further review of other incidents at the same location. Even if the driver is not cited for the pedestrian accident or charged for negligent driving, he may still be held liable and financially accountable in a civil claim.

Continue reading "Rohnert Park Man Seriously Injured in Sonoma County Pedestrian Accident" »

A man crossing a Sacramento intersection in an electric three-wheeled scooter died after he was struck by a car Monday night, the CHP reported. The accident occurred just after sunset at around 7:35 p.m. According to reports in the Sacramento Bee, the man was crossing Watt Avenue at Timberlane Place when he was struck by a vehicle going northbound on Watt Avenue. The victim was identified as Reginaldo E. Rios, 58, of Antelope. He was thrown from his scooter and died at the scene. The driver, who did not see the man, was not arrested.

Monday night's accident was the second fatal pedestrian accident involving a person in a motorized wheelchair in one week. A 66-year-old man was killed crossing Norwood Avenue last Tuesday evening when he was struck by a driver who did not see him.

Although the driver that struck Rios was not arrested, the family of the victim may still hold him accountable for his negligence in a wrongful death claim. While this accident remains under investigation, the family may consider speaking with a Sacramento pedestrian accident lawyer about their legal rights in a wrongful death claim. An attorney can consult an accident investigator to determine if another driver's negligence, or even a roadway defect such as poor illumination at the intersection, caused or contributed to this accident. Once the cause of the accident has been identified, a lawyer can help the family hold the responsible party accountable for their loss.

Continue reading "Pedestrian in Wheelchair Fatally Struck in Sacramento " »

A pedestrian was fatally struck in downtown Redding on Monday evening, authorities reported. The accident occurred at about 6:25 p.m. March 8th at East Street & Placer Street. The victim was identified by the Shasta County Coroner's Office on Tuesday as Kelly Jean McCoy, 36, of Redding. McCoy was crossing East Street when she was struck by an SUV turning left from eastbound Placer Street onto northbound East Street when the collision occurred. The driver of the SUV, a 45-year-old Palo Cedro woman, was questioned at the scene and released. According to the Redding Record Searchlight, it was pouring rain at the time of the incident, so visibility was likely reduced.

Please keep the family of Kelly Jean McCoy in your prayers. Our sympathy goes out to everyone who knew and loved her as they grieve this sudden and unexpected loss.

It is not yet known if alcohol was a factor in the crash, or if the pedestrian was in a crosswalk when she was struck. While this fatal pedestrian accident remains under investigation, the family of the victim may consider consulting with a California wrongful death attorney about their legal rights. Even though the driver that struck her was not cited at the scene, she still may be held accountable for the victim's death in a civil wrongful death claim. An attorney can review the circumstances of the accident and determine if the family may be entitled to compensation for their loss from the driver or any other responsible party.

Continue reading "Redding Woman Killed While Crossing Street in Downtown Redding " »

A Fresno man was taken to Community Regional Medical Center with life-threatening head injuries after he was struck by a vehicle in central Fresno on Tuesday night. The hit and run pedestrian accident occurred at about 6:45 p.m. Tuesday, on E. Belmont Avenue and North First Street. Fresno Action News reported the 30-year-old man was thrown about fifty feet following the impact. The driver of the vehicle that struck him did not stay at the scene. Fresno Police said they found the suspect's vehicle several blocks away, but did not find the driver.

Please keep the victim in your prayers as he has suffered very serious injuries. We hope that he makes a full and speedy recovery, and that the driver is located quickly or turns himself or herself in.

Leaving the scene of an accident is against the law. Under the California vehicle code, any accident that involves injury or death mandates that the driver must stop. When a driver leaves the scene of an accident causing property damage, injury or death, the incident is called a hit and run. Often, the party leaving the scene is the at-fault party, but not always. A hit and run can be either a criminal misdemeanor or felony, depending on the seriousness of accident and extent of injuries. The family of the man injured in this accident would be well-advised to consult with a Fresno pedestrian accident attorney for more information about the man's legal rights to compensation. If the driver is not located, the injured man may be able to obtain monetary damages for his injuries from his own insurance policy, if he has one.

Continue reading "Fresno Man Critically Injured in Hit and Run Pedestrian Accident " »

A Butte County woman was killed Thursday evening after being struck by a Ford Ranger pickup truck on Skyway Road in Paradise. The pedestrian accident occurred near Jewell Road at about 7 p.m. According to reports in the Paradise Post, the victim, Elizabeth Chamberlin, 51, of Paradise was attempting to cross the road in heavy commuter traffic when she was struck.

Paradise police believe the driver of the Ford Ranger, Michael Slade, could not see the victim until it was too late to avoid striking her, partially due to weather conditions and darkness. Chamberlin was transported to Feather River Hospital in Paradise where she died of her injuries. Although there were no indications at the time, toxicology tests are pending to determine if Slade was under the influence of drugs or alcohol. Anyone with additional information about the Skyway accident is asked to contact the Paradise Police Department at (530)872-6241.

Please keep the family of Elizabeth Chamberlin in your prayers as they must face her sudden and unexpected loss. Our deepest sympathy goes out to everyone who knew her and was close to her.

About 5,000 people are killed in pedestrian accidents each year in the United States. Many factors can influence a pedestrian accident, including negligence or carelessness of the driver, negligence of the pedestrian, and even road conditions like missing or incorrect signs or lack of illumination. While this tragic accident remains under investigation by the Paradise Police, the family of Elizabeth Chamberlin may benefit from consulting with an experienced California pedestrian accident attorney about their legal rights under California wrongful death law. An attorney can investigate the cause of the accident, review evidence and data regarding previous incidents at the same location, and determine whether or not the family may be entitled to compensation for their loss.

Continue reading "Paradise Woman Struck and Killed by Pickup Truck " »

Authorities are investigating a pedestrian accident at the intersection of Main Street and Fulton Lane/Madrona Avenue Thursday evening. According to police, Elsie "Alice" Stefani, 82, was walking eastbound on Main Street (Highway 29 / Highway 128) in a crosswalk at the intersection of Fulton Lane and Madrona Avenue. Westbound traffic stopped to wait for Stefani, but a car turning left from Madrona onto Main did not yield to Stefani's right of way and struck her.

The St. Helena Star reported that Stefani was trapped under the vehicle, which was driven by a 52-year-old Calistoga woman. Stefani was extracted from beneath the car and flown to Santa Rosa Memorial Hospital, where she died shortly before 7 p.m. Her two dogs were transported to the city kennel. Police are investigating the cause of the fatal Napa County pedestrian accident. The driver was not cited at the scene.

Our deepest sympathy goes out to the family of Elsie "Alice" Stefani and everyone who knew and loved her. The St. Helena Star said that Stefani was a dog lover who took her two dogs for a walk "every day, rain or shine." Please keep her family in your prayers as they are grieving this tragic loss.

The pedestrian accident was the second fatal pedestrian accident within a day in the North Bay area. Michelle Cordova, 15, was killed in a crosswalk on West College Avenue at Link Lane in Santa Rosa on Wednesday night, just a few dozen yards from her apartment complex.

Continue reading "St. Helena Woman Struck and Killed in Crosswalk" »

A 62-year-old Gilroy man was killed Thursday morning after he was struck by a Nissan Versa in Santa Clara County, authorities reported. The man, who was not immediately identified, was struck at the intersection of Monterey Road and West 8th Street in Gilroy, at about 6:10 a.m. He was taken to a local hospital, where he died of his injuries a short time later. The driver of the Nissan was also taken to a Bay Area hospital with non-life-threatening injuries. A concrete wall, road sign and metal post were also damaged in the accident.

The Gilroy Police Department Major Accident Investigation Team (MAIT) is investigating the cause of the fatal pedestrian accident. Although the incident remains under investigation, police do not believe alcohol was a factor in the crash. Anyone with information is asked to call Officer Garcia or Detective Beltran at (408)846-0350. Parties wishing to provide information anonymously may call WeTip at 1-800-782-7463 (800-78-Crime).

It is not clear whether or not the victim was in a marked crosswalk. The facts of this Gilroy pedestrian accident reported by the San Jose Mercury News are not sufficient to determine who was at fault. If the driver of the Nissan is found negligent and at fault for this incident, the family of the pedestrian may be entitled to compensation in a wrongful death claim. The family may benefit from consulting with a California wrongful death attorney while the cause of this accident is still under investigation. An attorney can conduct an independent investigation, preserve evidence and witnesses, and most importantly, ensure the rights of the victim's family are protected.

Continue reading "Pedestrian Killed in Santa Clara County Accident " »

Investigators at the California Highway Patrol are trying to figure out what happened that led to the death of Pamela Hope Brown, 53, on Saturday evening in Glenn County. According to the Willows Journal, Brown was reportedly standing in the middle of Old Highway 99W, just south of County Road 27, when she was struck by a 1999 Dodge Ram pickup truck. Brown died at the scene.

The driver of the truck that struck Brown, Arturo S. Saurez, 40, of Orland and his passenger were both not injured in the crash. No arrests have been made or citations issued following the accident. An investigation is ongoing and toxicology results are pending. Anyone with information is asked to contact the Willows CHP at 530-934-5424.

Continue reading "Orland Woman Fatally Struck by Pickup Truck in Glenn County" »

The California Highway Patrol is investigating the death of a man who was killed while walking on the side of Highway 1 last week near California State University Monterey Bay. The pedestrian, identified as David Armstrong, 50, of Seaside, was walking on the northbound side of Highway 1, north of Light Fighter Drive just before 8:30 p.m., when he was struck by a passing vehicle. Armstrong was then struck again by several other vehicles and died at the scene of the crash.

The CHP is attempting to identify all vehicles involved in the fatal hit-and-run accident. Several motorists contacted the CHP on Friday and said they had struck something but could not identify what it was. The cause of the accident remains under investigation. We hope that law enforcement will be able to identify the vehicle that struck David Armstrong, and understand the facts surrounding this tragic accident. Leaving the scene of an accident that results in injury or death is against the law, and there are no exceptions. According to Section 20002 of the California Vehicle code, [a] driver must stop and locate owner or person in charge and exchange driver documentation. If owner of damaged property cannot be located, the driver is not permitted to leave the scene of the accident until the following actions have been completed:a) Leave a note with facts surrounding the case and driver documentation information; or b) Report the accident to the California Highway Patrol (CHP) or local police." In this case, the driver should have stopped at the scene.

Continue reading "Seaside Man Struck and Killed on Highway 1 in Monterey County" »