Pedestrian Struck and Fatally Injured by Postal Vehicle

An elderly pedestrian was struck and killed by a post office truck near the City of Perris in Riverside County.  According to the Press Enterprise, this tragic accident happened at about 8:45 p.m. on Tuesday in the eastbound lanes of Highway 74 near Ellis Avenue.  The driver of the postal truck was reportedly traveling about 45 miles per hour when he prepared to make a lane change.  He looked to his right to make sure traffic was clear and when he looked back at the road the 79-year-old pedestrian was crossing the street right in front of him.  The victim died at the scene.

Location of the Accident

The stretch of Highway 74 where the accident took place is in what might be best described as a rural area, although there are several homes nearby.  The road is slightly curved, relatively flat, and there does not appear to be any obvious obstruction that would prevent a driver from noticing a pedestrian standing on the shoulder or sidewalk.  There does no, however, appear to be much, if any, street lighting in the area that would help a driver spot someone crossing the road.

Accident Reconstruction Issues

According to the news report, the driver said he was traveling about 45 miles per hour just prior to noticing the pedestrian in the roadway.  In accidents such as this, it is important to pin down the other variables, such as point of impact, skid marks, lighting, etc., in order to fairly reconstruct the accident so as to determine fault.  For example, the farther the pedestrian was into the roadway, the longer the period of time the driver would have had to "see, perceive and react" to the situation.  Regardless of the street lighting, a prudent driver should be using their headlights at 8:45 p.m.  Those headlights should illuminate the road sufficiently to see potential hazards for at least 100 feet, perhaps enough distance and time to avoid an accident.

If you or a loved one has been involved in a pedestrian accident, contacting an Orange County auto accident attorney is perhaps the best way to find out about your right to compensation.

SOURCE:  PERRIS: Postal truck struck, killed 79-year-old pedestrian, the Press Enterprise, September 4, 2013, by Richard Brooks