Pedestrian Killed in Moreno Valley - Driver Arrested

According to a report in the Press Enterprise, A 20-year-old pedestrian in Moreno Valley was killed Tuesday night by the driver of an SUV who was arrested on suspicion of driving under the influence.  The victim, Edward Pattio, Jr., sustained major head trauma and was taken emergently to Riverside County Regional Medical Center, where he died about two hours later.  The driver of the SUV was apparently uninjured.

  

The Moreno Valley Accident Scene

The intersection where the accident occurred is in what would best be described as a residential area.  There are a number of homes and apartment complexes near the collision scene, and the area appears to have a number of streetlights that would presumably illuminate any pedestrian crossing the street.  It is unknown precisely how the accident unfolded, but it would seem the possible intoxication of the driver is perhaps the leading causative factor.  In a relative sense, the City of Moreno Valley is reasonably safe when it comes to pedestrian accidents, at least according to the California Office of Traffic Safety and the statistics compiled in 2010.

California Law Relative to Pedestrian Accidents

While the old adage, "the pedestrian always has the right of way", is not quite accurate, California law does go some distance to protect pedestrians, even those crossing the street outside of a marked crosswalk.  Even though the Vehicle Code requires pedestrians crossing a street between intersections to "yield the right of way", a driver is relieved from their duty of exercising due care, which would be breached if the motorist fails to see the pedestrian when an ordinarily prudent person exercising due care would have seen him.

If you or a family member are injured, or worse, while crossing the street, an Orange County car accident attorney with more than 21 years of experience can be of help.  A personal injury lawyer handling these cases for their entire career will understand the accident reconstruction issues, the law and compensation factors necessary to ensure a fair recovery.

SOURCE:  MORENO VALLEY: San Bernardino man killed by SUV, January 9, 2013, by John Asbury