Pedestrian Accidents

New Measures Will Soon Be Implemented to Help Prevent Santa Monica Pedestrian Accidents

March 3, 2016 | by Robert Walch

According to LAist, the City of Santa Monica will be putting in eleven pedestrian scrambles to help make the streets safer and attempt to prevent Santa Monica pedestrian accidents. Because of the amount of foot traffic in downtown Santa Monica, we hope that these measures will help prevent accidents and help move traffic along at a more efficient pace.

The pedestrian scrambles function by stopping all cars in all directions at the designated intersections so that pedestrians can cross in all directions, including diagonally across an intersection. With cars stopped in all directions, this should lead to fewer people getting hit by a car in Santa Monica.

Also, because drivers will not have to wait for pedestrians to cross when making turns, this should help cause less traffic congestion on the streets of downtown Santa Monica. The counter argument would be that since there must be a significant time after each traffic cycle where all vehicles are stopped, this could cause certain traffic backlogs.

Police Looking for Driver Who Killed Pedestrian in Santa Ana Accident

December 3, 2015 | by Robert Walch

The Santa Ana Police Department is looking for the driver of a vehicle that struck and killed a man on Sunday. The Santa Ana pedestrian accident occurred in the early hours of Sunday morning on W. 1st Street. According to KTLA5 News, witnesses reported seeing a newer blue Honda Accord (approximately 2013-2015), with tinted windows, that apparently sped up after the accident.

The victim of this Santa Ana accident was Jorge Luis Lopez-Lobato, who was found on the center median. He was 35 years old and rescuers were not able to do anything to revive him. The investigating police offer said that Mr. Lobato was not in a crosswalk and was crossing near the middle of the block. The officer pointed out that if the driver of the vehicle had stopped, there may be no criminal charges for the accident.

However, because the driver of this car fled the scene, there will potentially be vehicular manslaughter charges if and when the driver is located by police. Police also said that the vehicle’s driver’s side mirror was knocked off and there should be damage to the front of the car from the impact.

If anyone has any information about this accident, they should call Orange County Crime Stoppers at 1-855-TIP-OCCS.

PEDESTRIAN KILLED, OTHERS INJURED BY SHERIFF’S PATROL CAR IN WEST HOLLYWOOD, LOS ANGELES

October 19, 2015 | by Robert Walch

Los Angeles County Deputy Sheriffs responding to a domestic violence call, reportedly with lights and siren on, clipped another vehicle, bounced onto the sidewalk and hit two (2) male pedestrians walking on the sidewalk on the 8800 block of Santa Monica Boulevard. The momentum of the police vehicle was so powerful that the sheriff’s vehicle continued moving until it struck a light pole and a tree.

The Sheriff’s Department reported that the two (2) involved pedestrians were taken to the hospital where tragically one died. The second involved pedestrian reportedly suffered very serious, but not life threatening, injuries.

There were two (2) deputies in the sheriff’s vehicle who, according to the Los Angeles Times, also were seriously injured, one of whom actually had to be extricated from his damaged vehicle by firefighters. The identities of the two (2) sheriff deputies were not immediately released.

To try to avoid an obvious conflict of interest, this pedestrian accident is being investigated by the California Highway Patrol (CHP). As a result of this accident and the following investigation by the CHP, Santa Monica Boulevard between San Vicente Boulevard and Hancock Avenue was closed to allow investigators to gather evidence.

The family of the deceased man should contact a California wrongful death lawyer right away for a free consultation.

Thousand Oaks Pedestrian Accident Kills Local Man

September 2, 2015 | by Robert Walch

A possible wrongful death accident in Thousand Oaks claimed the life of a man by the name of Marc Piaskowsky, a resident of Thousand Oaks, California. Mr. Piaskowsky was killed on Monday when he was hit by a car while crossing the street. The Thousand Oaks pedestrian accident occurred when Mr. Piaskowsky was crossing from La Paloma Circle to Avenida de los Arboles.

According to The Thousand Oaks Acorn, Mr. Piaskowsky was not crossing the street in a crosswalk, however there was a tunnel and a crosswalk nearby. It is not yet known why Mr. Piaskowsky was not using either the tunnel or crosswalk, if that information proves to be correct.

Investigators from the Thousand Oaks Police Department are investigating what factors contributed to this man getting hit by the car. If it is shown that the driver of the Lexus was operating her mobile phone, speeding, intoxicated or otherwise negligent, the family of the deceased may bring a Thousand Oaks wrongful death claim against the driver. The claim would be made with the driver’s liability insurance coverage.

Malibu to Implement Safety Improvements to Prevent Accidents

July 15, 2015 | by Robert Walch

Due to the high frequency of Malibu car accidents, the city has decided to implement new safety measures to try to decrease the amount of accidents. Many Malibu accidents happen on Pacific Coast Highway, which is a long stretch of road overlooking the Pacific Ocean. Due to the layout of the road, the minimum space between the ocean and the mountains, the speed that cars travel and the distraction of the beautiful views, there are many car accidents and pedestrian accidents on PCH.

According to the Los Angeles Times, from 2012 to 2014, there were 376 Malibu car accident injuries and nine people died in Malibu accidents. Of the nine, six were pedestrians who were killed when they were hit by a car on PCH in Malibu.

So far this year, 117 car accidents on PCH in Malibu have resulted in four fatalities. Included in those fatalities was the rapper, MC Supreme, who was killed when his car was struck while legally parked on the ocean side of PCH. Another tragic accident happened in February when Bruce Jenner, who is now knowns as Caitlyn Jenner, rear ended a car, pushing that car into oncoming traffic where it was struck by a Hummer, resulting in the wrongful death of the occupant of that vehicle.

Pedestrians Suffer Critical Injuries when hit by car in Winnetka

April 24, 2015 | by Robert Walch

A Winnetka pedestrian accident on Tuesday resulted in critical injuries to two pedestrians and car accident injuries to two other people. The accident occurred Tuesday afternoon in Winnetka, California. According to the Calabasas Patch, the accident happened in a multi vehicle collision on Winnetka Avenue near Roscoe Boulevard.

The pedestrians who suffered critical injuries when they were hit by a car were a 40 year old woman and a young girl only six years old. A man and woman also suffered injuries, apparently when at least two other cars collided. The man and woman were taken to a hospital and their condition was described as “fair.”

As of now, we do not have information as to who was at fault for this car crash and pedestrian accident in Winnetka. It is possible that a car may have struck the pedestrians and then the car was struck by another vehicle. It is also possible that one car stopped for the pedestrians and another car behind that car did not stop in time, rear ending the first car into the pedestrians. These are all types of accidents that we have seen and handled over the years in our personal injury law office.

3 Girls Killed in Halloween Santa Ana Pedestrian Wrongful Death Accident

November 2, 2014 | by Robert Walch

Three girls were tragically killed on Friday night when they were struck by a speeding vehicle while trick or treating. According to cnn.com, the Santa Ana accident occurred when the three girls, all aged thirteen years old, were hit by a vehicle that was speeding. Two male occupants of the vehicle apparently fled the scene, but were followed by a witness. Eventually, the two men left the Honda CRV and fled the scene by foot.

The speed limit at the location of this Santa Ana wrongful death was 25 miles per hour, but apparently the vehicle might have been going approximately 50 miles per hour when it struck the girls. The Santa Ana Police Department is investigating this case and searching for the men responsible. We can only hope that the registration on the vehicle matches up with the driver, so that the driver can be brought to justice.

In many of these types of incidents, the driver of the vehicle is intoxicated, with alcohol and/or drugs, and decides that it would be better to flea the scene than to be found intoxicated at the scene. Hopefully the driver and other occupant of the vehicle will see the error in their ways and turn themselves in immediately.

Uber Wrongful Death Lawsuit Should Clear Unsettled Law on Ride-Sharing

February 6, 2014 | by Robert Walch

As many of you know, a tragic pedestrian accident occurred on New Year’s Eve, when a driver, who was allegedly logged into Uber’s system, struck a family crossing a street. According to the Los Angeles Times, Sofia Liu’s family has filed a wrongful death lawsuit against Uber, alleging that although the driver of the car was not carrying any passengers for Uber at the time of the accident, Uber is still responsible, as the driver was working for Uber.

The California wrongful death suit alleges that because the driver was available for Uber application users to reserve him for a ride, this is Uber’s business and Uber should be held responsible. Uber, however, like most corporations and insurance companies, are looking for ways to deflect liability away from themselves, to avoid paying wrongful death damages.

Unfortunately, the law is still very unsettled when it comes to ride-sharing applications and companies, as this is a rather new service available to people in California. These companies operate by paying people to use their own vehicles to give rides, then sharing the revenue from the consumer. The California Public Utilities Commission requires that the companies, such as Uber, carry one million dollars of liability insurance coverage. However, it is not clear if that coverage kicks in only when the driver is carrying passengers, responding to calls to pick up passengers, or simply available to pick up passengers and logged into the Uber system

Young Girl Killed in Tragic Uber Accident

January 2, 2014 | by Robert Walch

A pedestrian accident in San Francisco, involving an Uber driver, has resulted in the death of a young girl and caused serious injuries to her brother and mother. According to TechCrunch, an Uber SUV driver collided with the family as they were walking in a crosswalk. Apparently, the driver was not in the process of transporting an Uber rider, so Uber’s liability insurance may not apply to cover the California wrongful death damages.

This Uber car accident brings up many important legal issues that may not be addressed under current California law. Normally, with a common carrier, such as a taxi, there is a commercial insurance policy in place covering the taxi. The policy will cover the taxi if it causes an accident while transporting people or not. However, with Uber, the company may claim that its drivers are not working for Uber unless they actually are transporting the Uber customer(s) at the time of the crash. Uber’s argument would be strengthened by the fact that Uber does not own the vehicle and the driver is free to do his/her own thing when not transporting an Uber rider.

Victim’s rights advocates, like California personal injury lawyers, may make the argument that if the driver is available to Uber or in the process of picking someone up for Uber, that he/she is working for Uber and Uber’s insurance should apply to cover the damages caused by the accident.

Teenager Arrested After Thousand Oaks Pedestrian Accident

October 22, 2013 | by Robert Walch

A Ventura County Sheriff’s Deputy was struck by a car driven by Daniel Long, a nineteen your old from Simi Valley. The pedestrian accident in Thousand Oaks happened last week on Raindance Street. According to The Acorn, the man who was struck by the car was an off duty sheriff’s deputy. After striking the pedestrian, the driver drove off, was later arrested.

Fortunately, this pedestrian hit and run crash could have had much worse results. The victim was taken to Los Robles Hospital where he was treated and released later that day. Thankfully, the pedestrian accident injuries were described only as “minor.”

Mr. Long, who could have faced felony charges, is only being charged with a misdemeanor hit and run violation. He faces the possibility of a short time in jail, but much less than he would face if charged and convicted of a felony.