Pedestrian Fatally Struck, Driver Flees, Later Caught

On Saturday November 24, 2012, at 5:11 PM, officers from the Coachella Police Department were dispatched to Avenue 49 south of Harrison Street in the City of Coachella regarding a major injury traffic collision involving a sport utility vehicle (SUV) and a pedestrian. The driver of the SUV fled the scene prior to the officers’ arrival.

The investigation revealed that the pedestrian was in the process of crossing Avenue 49 from south to north when she was struck by the SUV traveling westbound on Avenue 49. The driver of the SUV fled the scene, but was located a short time later in the area of Harrison Street and Sixth Street in Coachella. The driver was identified as Sara Rojas, 30 years old, from Coachella. She was booked at the Riverside County Jail in Indio on felony hit and run charges.

Cause of the Murrieta Crash

While this devastating Riverside County accident remains under investigation, the family members of those accident victims who were fatally injured would be well-advised to speak with an understanding and knowledgeable Riverside County personal injury lawyer. An attorney such as Gary A. Kessler who has successfully handled serious injury accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a wrongful death claim.

Right of Way

  • Pedestrians always have the right of way. So, no matter where you encounter a pedestrian on the road, they always have the right of way. This includes crosswalks, round-a-bouts, at intersections not marked with signals and at street corners. Crosswalks are sometimes defined by white lines or flashing lights. Crosswalks are outlined in yellow near schools.

California Pedestrian Law

“Under California Vehicle Code Section 21950 (a) 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, except as otherwise provided in this chapter.

(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.

(c) 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 the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.

(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.”

Pedestrian Accident Statistics

Source: California Highway Patrol Statewide Integrated Traffic Report

Pedestrians need to be especially cautious on our roadways because they are more vulnerable to injury or death. There were two pedestrians killed and two injured in car accidents in Twentynine Palms in 2009, according to the California Highway Patrol Statewide Integrated Traffic Report. In San Bernardino County 39 pedestrians died and 440 were injured in 2009.

In California, there were 598 pedestrians killed and 12,418 injured in 2009, according to the CHP traffic report.

National data compiled by the National Highway Transportation and Safety Authority shows that pedestrian injuries and fatalities in the United States were up 4.9% in 2010 to 4,280 deaths and injuries were up 19% in 2010 to 70,000 people injured.

 

 


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Gary Kessler, California Personal Injury Lawyer Disclaimer: The California personal injury, wrongful death, swimming pool drowning, boating accident, dog bite, amusement park negligence, pedestrian accident, product liability, aviation accidents, or any other California legal information presented at this site should not be construed to be formal legal advice, nor the creation of a lawyer or attorney client relationship. The information contained herein is intended for information purposes only and should not be considered legal advice. All results described on this site were based on the individual facts of those said cases and are not indicative of future settlements. Results will differ from case to case. Please contact Gary A. Kessler, a California lawyer at our California law firm offices in Newport Beach or our San Francisco Bay Area office.

The Law Offices of Gary A. Kessler are licensed to practice in California, District of Columbia & Pennsylvania. Through local law firms with which we have associations, we are able to represent Personal Injury and Wrongful Death cases across the United States. Our associations allow us to represent clients"pro hac vice", meaning "for this particular occasion". In order to effectively and efficiently represent the client in these cases, we will employ the local law firms (at no additional cost to our client) to make routine court appearances and proceedings where it is necessary to assist our clients case.