Oroville Pedestrian Fatality
I’m Ed Smith, an Oroville pedestrian accident attorney. A car crash involving a pedestrian occured in the city of Oroville on Tuesday, November 22, 2016. The incident happened in the vicinity of an intersection at 12th Street and Oro Dam Boulevard. Sadly, the pedestrian passed away as a result of his injuries.
According to Butte County Sheriffs Office, both the California Highway Patrol (CHP) and the Oroville Police Department (OPD) responded to reports of a motor vehicle collision involving a possible pedestrian fatality at about 5:30 p.m. on Tuesday evening.
OPD indicated that the 54-year-old motorist who struck the pedestrian was still at the scene when officers arrived. Authorities indicated that the victim was identified as 24-year-old Adam Phillips.
A witness claimed that there was an individual who was driving in a truck near the scene of the tragic accident who got out of his vehicle in order to render assistance to Phillips. This individual began performing CPR on Phillips while waiting for an ambulance to show up.
Unfortunately, the life-saving measures that were so kindly given to Phillips proved to be unsuccessful. Sadly, Phillips passed away at the scene and was pronounced deceased by rescue personnel a short time later.
What was the Cause of the Oroville Pedestrian Fatality?
It is still to early in the investigation to know for certain. According to authorities, a preliminary investigation suggests the pedestrian was running or walking into traffic. A full investigation should be performed to determine if driver negligence may have been a contributing factor.
Importance of Pedestrian Accident Investigations
It usually takes the CHP or other investigating agency a week or longer to prepare and issue a copy of the official traffic collision report. Usually, the report indicates the result of their findings, including who was at fault for the collision. Sometimes a police report is incorrect or inconclusive. This can leave the family of the victim with many unanswered questions as to why their loved one died.
It is important to contact an experienced pedestrian accident attorney for this reason. A pedestrian who has just lost their life is not able to give his or her statement as to what transpired in the moments leading up to the crash. A good attorney knows what factors to look at to accurately pinpoint cause for a crash. If an attorney discovers negligence on the part of the driver that hit the pedestrian, he or she can file a claim to recover damages for injuries and/or wrongful death.
Common Causes of Motor Vehicle Accidents Involving Pedestrians
- Texting While Driving
- Traveling at an unsafe speed for conditions along the roadway (traffic, fog, wet roads)
- Drunk driving crash
- Drowsy driving
- Distracted Driving (reaching for something in vehicle, applying make up, eating, tending to kids while driving, tuning radio)
- Hit and Run (leaving the scene of an accident and a victim dies)
Information on Car vs Pedestrian Collisions
The most common way pedestrians get hit are when a driver makes a left or right turn, backs up or during a U-Turn.
Driver inattention is huge when it comes to pedestrian collisions. Motorists who are texting, using their cell phone or performing some other distracting behavior instead of keeping their eyes on the road lead to frequent pedestrian accidents.
Motorist Has a Duty to Keep a Lookout
The driver of a motor vehicle must keep a careful and proper lookout. They must pay attention to the roadway in front of them. They must be watchful for pedestrians. (Johnson vs Johnson (1948) 84 Cal. App. 2nd 271)
Driver of a Vehicle has Greater Duty of Care than the Pedestrian
Everyone (including a pedestrian) has a duty of care. Courts in California have recognized however that the danger posed by a car that weighs some 4000 or more pounds is much greater than posed by a pedestrian. Therefore, courts require a greater duty of care be taken by the driver of the motor vehicle. (Arentz vs Blackshere (1967) 248 Cal. App. 2nd 638).
If driving in the vicinity where children are commonly present, a motorist has an even greater duty of care to be on the lookout. (Hilyar vs Union Ice co. (1955) 45 Cal. 2d 30).
A person driving a motor vehicle must yield the right of way to a pedestrian that is in a crosswalk. [CA Vehicle Code Sect. 19150.]
However, even if the pedestrian is not in a crosswalk, a driver must excercise a high duty of care to lookout for them. (Karr vs Sherer (1955) 132 Cal App 2d 835).
Oroville Pedestrian Accident Investigation & Wrongful Death Attorneys
I’m Ed Smith, an Oroville pedestrian accident attorney. If you or someone you love has suffered a pedestrian injury or has died as a result of the crash, call me promptly at (530) 392-9400 for free, friendly advice. If you are calling outside of Oroville, please contact me toll-free at (800) 404-5400. When you call, we will go over the details of your case and discuss how best to proceed. There is no obligation to you and the call is free.
I’ve been helping injured victims in Oroville and their family members obtain compensation for their accident injuries and wrongful death claims since 1982.
I am honored to be listed among California attorneys in the Million Dollar Advocates Forum. This association is made up of top US trial attorneys in the United States who have obtained many multiple million dollar case settlements and verdicts for the clients they serve.
Source of Oroville Pedestrian Fatality – http://www.actionnewsnow.com/news/oroville-pedestrian-killed-by-car/
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