California Injury Blog
Guy Burling, 54, was killed in a San Bernardino pedestrian accident when he was struck by a vehicle in a crosswalk.
According to a news report in The Press-Enterprise, the fatal pedestrian collision occurred the afternoon of January 13, 2015 at the intersection of College Avenue and University Parkway.
Police say 44-year-old Edward Corrigan was in a 2002 Chevy Silverado pickup going west on College Avenue when he turned left onto University Parkway and
struck the pedestrian who was walking in a marked crosswalk. Burling was transported to an area hospital where he died. Police do not believe alcohol use was involved. The incident is under investigation.
Our heartfelt condolences go out to the family members and friends of Guy Burling for their tragic and heartbreaking loss. Please keep them in your thoughts and prayers.
San Bernardino Pedestrian Accidents
There were six fatalities and 59 injuries reported as a result of pedestrian accidents in the city of San Bernardino, according to California Highway Patrol’s 2012 Statewide Integrated Traffic Records System (SWITRS).
In San Bernardino County as a whole, 45 people died and 393 were injured due to pedestrian accidents during the same year.
Crosswalk Laws
Based on this news report, it appears that Burling was walking in a marked crosswalk when the left-turning vehicle struck him. Although police have said alcohol was not a factor, we trust they are looking into whether the driver was distracted, inattentive or otherwise negligent at the time.
Under California law, motorists are required to yield the right-of-way to pedestrians in marked and unmarked crosswalks.
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.”
Liability Issues
In this case, if the driver is determined to have been at fault, he could be held liable for the victim’s wrongful death.
In cases where negligence or wrongdoing is involved, families of deceased pedestrian accident victims can file what is known as a wrongful death claim seeking compensation for damages such as medical and funeral costs, lost future income, pain and suffering and loss of love and companionship.
An experienced San Bernardino personal injury attorney will also be able to determine whether a dangerous roadway or intersection caused the accident. If that was the case, the governmental agency responsible for maintaining the roadway can also be held liable.