An elderly pedestrian was struck and killed by a hit-and-run driver early Tuesday morning on Euclid Street in Santa Ana. According to KABC News, the accident happened just after 5:00 a.m. in the 500 block of Euclid when the 85-year-old victim, Joseph Rudolph, was jaywalking. The driver, Michael Truong Pham of Garden Grove, hit Rudolph with his SUV and carried him with his vehicle for about 30 yards. Pham later called police and told them what had happened. Because he left the scene in the first place, he was taken into custody on suspicion of felony hit-and-run.
The Area and Cause of the Accident
The area of the accident is a relatively straight and flat stretch of roadway, without very many streetlights on the east side of the street. It is unknown where the point of impact occurred, but it would appear from the news story that Rudolph was outside of either a marked or unmarked crosswalk. According to the U.S. Naval Observatory, the sunrise time for Tuesday (August 27th) was at 5:22 a.m., so it was likely dark outside at the time of the accident. However, in general headlights should illuminate the roadway far enough ahead to allow a driver to take evasive action if a pedestrian is crossing a road and could not otherwise have been seen. This depends on the precise area of the impact and how far into the roadway Rudolph was when he was struck.
Wrongful Death Claims
In an accident in which a negligent driver causes or contributes to the happening of an accident, the surviving family members may have the right to pursue a wrongful death claim under California law. In the case above, the Rudolph family may be able to recover compensation for the loss of their loved one. The amount that can be recovered by the family is reduced by the amount of negligence of the decedent, which makes sense and seems fair. For example, if a jury determined that Rudolph was 50% responsible for this accident, the family has the right to be compensated for only that part of the damages (50%) caused by the driver.
If you have been injured or a family member has been killed in a hit-and-run accident, consultation with an experienced injury attorney is perhaps the best way to find out about your rights.
SOURCE: Santa Ana hit-and-run: 85-year-old pedestrian killed, suspect arrested, KABC News, Orange County News, August 27, 2013, by Q McCray.
No comments:
Post a Comment