Oakland Hit-and-Run Car Accident Kills Pedestrian
Italy Batchelor, 45, was killed in an Oakland car accident after she was struck by a vehicle in a crosswalk. According to a CBS News report, the fatal pedestrian accident occurred the afternoon of February 9, 2010 when Batchelor was walking at the intersection of Eighth Street and Mandela Parkway. The driver did not stop at the scene and fled east on Eighth. Police describe the suspect vehicle as a newer model dark blue or black car, possibly a Lexus. The car would have sustained damage to the front right bumper, hood and windshield, officials said. Batchelor died at the scene. If you have information about this hit-and-run driver or the suspect vehicle, please call Oakland police at 510-777-8648.
I offer my deepest condolences to everybody who knew and loved Italy Batchelor for their tragic and heartbreaking loss. Please keep this family in your thoughts and prayers during their time of grief. I certainly hope this hit-and-run driver is apprehended and prosecuted to the fullest extent of the law.
Pedestrian Accident Statistics
There were four fatalities and 250 injuries involving pedestrian accidents in Oakland, according to California Highway Patrol's 2007 traffic accident statistics. In Alameda County as a whole, 18 deaths and 591 injuries were reported as a result of pedestrian accidents in 2007.
California Car Accident Laws
Based on this news report, it appears that this hit-and-run driver failed to yield right-of-way to the pedestrian, who was crossing in a marked crosswalk. California Vehicle Code Section 21950 states: “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.” The same section also states that 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 a vehicle or take any other action relating to the operating of the vehicle as necessary to safeguard the safety of the pedestrian.”
Leaving the scene of an accident is also a serious violation of the law. According to California Vehicle Code section 20001: "The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident."
Claim for Compensation
Batchelor's family would be well-advised to retain the services of an experienced Oakland personal injury lawyer, who will stay on top of the official investigation and make sure the family's rights are protected. A skilled car accident lawyer will also be able to advise victims and their families about how their car insurance policy applies to an accident involving a hit-and-run driver or in an incident that involves an uninsured or underinsured driver. If a dangerous or defective roadway played a part in this accident, the governmental agency responsible for maintaining that roadway could also be held liable. Any such claim against a governmental entity in California must be filed within 180 days of the accident or injury.
We are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call a reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free confidential consultation to "not a fault" persons named in this article and their family members.
