Pedestrians in California are vulnerable, especially when they are out walking in foggy and misty weather conditions. Motor vehicle operators must be able to drive safely in any circumstances and cannot be distracted by weather conditions. In fact, they must be extra vigilant and operate their vehicles in accordance with prevailing conditions. A pedestrian accident recently caused the death of a woman in such circumstances when she was struck by an automobile.
A preliminary accident report notes that a 54-year-old pedestrian was walking across a street in the vicinity of a shopping center when the accident occurred. The intersection at which she crossed the road apparently has traffic lights, and because it was not yet 5 a.m., street lights were still operating. The driver of the vehicle that struck the pedestrian asserts that, by the time he saw the woman in the crossing, it was too late to avoid a collision.
The pedestrian was pronounced dead by emergency crews who arrived at the accident scene within minutes. Police say the driver remained at the scene, and investigators received his full cooperation. Officials confirmed that fog and mist had caused the road to be wet. According to the report, there was no evidence of drug or alcohol playing a role in this tragic accident.
When a California family loses a loved one in a pedestrian accident that is believed to have been caused by the negligence of another party, the surviving family members may pursue a claim for end-of-life expenses and other financial losses. A wrongful death claim, substantiated by documented evidence of negligence, may be pursued in a civil court. If negligence is established by a preponderance of the evidence, the court will proceed to adjudicate demands for specific items of monetary damages.
Source: Watsonville Ca. Patch, “Coroner IDs Watsonville Pedestrian Killed Over Holiday Weekend“, Susan C. Schena, July 7, 2015