The Press Enterprise has reported an accident in Riverside in which a woman pushing her wheelchair-bound son was struck and killed. The accident happened yesterday just before 5:30 p.m. on Magnolia Avenue near its intersection with McCray Street. A pickup truck, operated by 76-year-old man from Corona, struck the woman but just missed impacting her disabled, adult son. Both were taken to a local hospital where the woman was later pronounced dead. The woman was pushing her son westbound across Magnolia at the time of the accident. There is no marked crosswalk at this intersection.
Anyone with information or who witnessed the accident should call Detective Rick Prince at 951-826-8722.
Intersection Accidents Involving Pedestrians
As you might expect, intersection accidents involving pedestrians are not uncommon. It is often assumed that someone crossing the street outside of a marked crosswalk is solely responsible for any accident that occurs. That is not, however, the law in California. In automobile-versus-pedestrian accident cases, the appellate courts have held that the driver of a car must, in order to avoid liability, keep a proper lookout for persons on highway. Even though the driver may be traveling at lawful rate of speed, he still remains bound to anticipate that he may meet persons at any point on the roadway.
Factors To Be Considered in Determining Liability
In the case above, regardless of whether the driver was obeying the speed laws, he may still be found negligent in relation to the accident. For example, if the woman and her son were visible for more than 100 feet (which is about the distance headlights will illuminate the roadway ahead) a driver traveling at the posted speed limit (35 mph in this case) would have at least two seconds to avoid the accident. If it can be shown the visibility was even greater or his speed slower then the wrongful death claim against the driver would be strengthened. It should be kept in mind that pedestrian visibility is one the leading pedestrian safety problems at intersections. Pedestrians often assume they can be seen for a greater distance than they are actually visible.
An experienced Orange County Car Accident Lawyer with experience handling this type of case can be of assistance in evaluating wrongful death and pedestrian accidents like the one above. A free consultation is available to injured parties and the families of accident victims.
SOURCE: RIVERSIDE: Mother Pushing Wheelchair is Hit, Killed, David Keck, Press Enterprise, December 6, 2012
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