California Injury Blog
A 75-year-old man was fatally struck by a vehicle after attempting to cross an intersection in Menifee. According to a report in The Press Enterprise, police said the incident occurred the night of July 29th when the pedestrian was walking north on Laguna Vista Drive within a marked crosswalk. A motorist heading west on Rockport Road struck the pedestrian. Police said the driver had yielded for a stop sign, but proceeded through the intersection and struck the pedestrian.
Ongoing Accident Investigation
The elderly man was knocked to the ground and sustained severe head trauma, police said. He was transported to a local hospital where he died from his head injury. The motorist, who officials said is a 59-year-old Menifee resident, pulled over and cooperated with the investigation. Police say they are still looking into what caused the incident, but have said they don’t suspect the involvement of alcohol or drugs. Anyone with information about this incident is asked to contact the police department at 951-723-1690.
We offer our deepest condolences to the family members of this deceased pedestrian accident victim. Please keep them in your thoughts and prayers.
Laws and Liability Issues
Based on this news report, it appears that the driver initially stopped at the intersection, but eventually failed to yield the right of way to the pedestrian who was walking in a marked crosswalk. 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.”
We trust officials, as part of their investigation, are also looking into why the driver proceeded through the intersection and struck the pedestrian. Was the driver distracted? Was he or she looking at the phone? Was he or she careless or fatigued at the time of the collision? If the driver is determined to have been negligent (careless), he or she could be held liable for the victim’s wrongful death.
In such cases, families of deceased victims can seek compensation for damages such as medical expenses, funeral costs, lost future income, pain and suffering and loss of love, care and companionship. An experienced Riverside pedestrian accident lawyer will be able to help families of victims assess their options.
Source: https://www.pe.com/2020/07/31/75-year-old-pedestrian-fatally-struck-by-car-in-menifee/