Modesto Pedestrian Fatality
A pedestrian crash involving a motor vehicle occurred on Tuesday evening, July 12, 2016. Sadly, the victim passed away as a result of her severe injuries.
Location of Modesto Pedestrian Fatality – Crows Landing Road
California Highway Patrol reports that the location of the accident occurred in the vicinity of Crows Landing Road in the lanes proceeding north. The victim’s identity was not immediately available.
California Pedestrian Law
The most common ways pedestrians are hurt in California are by drivers:
- Making right and left turns
- Making U-Turns or backing up
- Driver Distraction by texting, using their phones or applying makeup, etc.
Driver Has Duty to Maintain a Proper Lookout
Every driver behind the wheel of a motor vehicle must keep a proper watch and lookout. He or she needs to pay attention to the road in front of them including watching for pedestrians. (Johnson v Johnson (1948) 84 Cal. App. 2nd 271.
The Motorist has a Greater Duty of Care than does the Person Travelling on Foot
We all have a duty to remain vigilant and on the lookout (even pedestrians), but the California courts have long recognized that the danger posed by a 4500 pound car is much more significant than that posed by a person travelling on foot. The courts therefore demand a larger duty of care by the driver of a car or other type of motor vehicle. (Arentz vs Blackshere (1967) 248 Cal. App. 2nd 638.
If driving through a location where kids are often present, a motorist has an even larger duty to maintain care. See Hilyar v Union Ice Company (1955) 45 Cal. 2d 30.
A driver must yield to anyone proceeding through a crosswalk. The pedestrian has the right of way. California Vehicle Code 19150.
Even when a person proceeding on foot is not in a designated crosswalk, a motorist has a higher duty of care to be watchful for them. (Karr v Sherer (1955) 132 Cal App 2d 835.
No Passing at Intersections
If the driver of a motor vehicle stops to allow a pedestrian to cross in front of him at an intersection, no other car can try to overtake and pass the stopped car. California Vehicle Code 21951.
Modesto Pedestrian Injury and Wrongful Death Attorney
I’m Ed Smith, a Modesto Pedestrian Injury Attorney. If you or someone you hold dear has suffered a personal injury, please call me today at (209) 227-1931 for free, friendly advice. If you reside outside of the Modesto or Sacramento area, please contact me toll-free at (800) 404-5400.
Read some of my Past Verdicts and settlements,
I am the founder of autoaccident.com. California’s leading personal injury information website.
I have been assisting Northern California families with their personal injury claims, including pedestrian accidents, for more than 34 years.
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