Fatal San Francisco Area Car Accident
An October 18, 2009 car accident in San Francisco has killed 55-year-old Dale Raymond Maggard, reports the Times Herald. The accident happened in the 800 block of Sereno Drive in Vallejo, California when Maggard was crossing the street and was hit by 79-year-old male driver. Police say that Maggard was not in a designated crosswalk at the time and have not charged the elderly driver yet. An investigation into the accident continues.
My thoughts and prayers go out to the family and friends of Dale Raymond Maggard. I offer my sympathies to everyone who knew and loved this man. This must be a terrible loss to them.
California Law Regarding Pedestrians
This news report does not contain information about what exactly caused this pedestrian-car collision. Based on the account, it seems the victim was not in a crosswalk when he was hit. We do not know if he was near or crossing at an intersection. It is of course, possible that the Maggard was "jaywalking" or crossing the street in an illegal manner. The elderly driver may not have had time to avoid the pedestrian if he had entered the roadway suddenly. There are still a number of questions here that will hopefully be resolved by the official investigation. Was the elderly driver fit to drive? Did he have the coordination and vision, especially considering the accident occurred in the evening, to safely operate a car? Was he speeding or driving negligently? Was he distracted in some way? Was there a dangerous condition on this roadway that caused or contributed to this collision?
According to California Vehicle Code Section 21950 : "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."
Consulting A San Francisco Accident Attorney
If I were a member of the Maggard family I'd want to know if there was any negligence involved that led to this pedestrian-car crash and the resulting fatality. Often in a pedestrian accident case, the authorities do not have the time or resources to delve into all the factors that may have caused it.
It is always in the best interest of victims and their families in these types of situations, to consult with a skilled San Francisco personal injury lawyer who will study this case from all angles and determine if there was any wrongdoing. Where there is negligence or wrongdoing involved, families of deceased victims may be able to file a wrongful death claim seeking compensation for medical/funeral expenses, loss of wages, loss of love and companionship and other related damages.
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.
