Delano :Child walking to school in dies after she’s hit by truck
Shaylyn Anela Pinoliar was walking to school Wednesday morning just like she had most days since kindergarten.
But when Shaylyn, 12, crossed Browning Road with her brother walking behind her, a car turning right didn’t see her and ran her over, police said.
Shaylyn Anela Pinoliar died while crossing the intersection at Summer Drive and Browning Road, a major thoroughfare for both cars and pedestrians in Delano.
By the time she arrived at the hospital, she was pronounced dead.
At 7:32 a.m., Shaylyn was crossing the street, said Cmdr. Lynn Venables of the Delano Police Department.
Blanca Felix Leon, 26, was driving eastbound on Summer Drive. She stopped at the stop sign at the corner of Summer and Browning, Venables said. She started to turn right onto Browning, but heard that she hit something. Leon got out of her car and saw Shaylyn.
Shaylyn was taken to Delano Regional Medical Center, where she was pronounced dead, Venables said.
Leon was only driving a few miles per hour at the time, Venables said. But she was driving a Ford F-250 pick-up truck.
“That’s probably why it caused as much damage as it did,” Venables said.
The investigation into the crash is ongoing, so Venables did not know if Leon will face charges.
Shaylyn’s grandmother said she wants justice for her granddaughter.
“Of course I feel anger. That’s number one,” she said.
In light of the accident, Delano Union School District is rethinking all its safety measures for students who walk to school, said Mark Luque, assistant superintendent of educational services.
For the first time, on Wednesday afternoon the district placed crossing guards at the intersection where Shaylyn was killed. That’s now going to be a regular practice, Luque said.
The district is going to work with the city to find other ways to prevent future accidents, he said.
Cause of the Delano Crash
While this devastating Kern 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 San Kern 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.