As attorneys, we like to believe that we are helping to bring justice to the world by compensating victims for their injuries including the death of a loved one. However, no matter how hard we try, the reality is that there is no just compensation for the death of a loved one.
A 78 year old woman was recently killed while crossing the street. While the driver was arrested for manslaughter, and the woman’s family will have a potential lawsuit against the driver or his insurance company, the family cannot be adequately compensated for the loss of their grandmother.
Many drivers are of the mistaken belief that they have the right-of-way and do not have to yield to pedestrians that are not in a marked crosswalk. However, California Vehicle Code Section 21950 requires not only that the driver of a vehicle yield the right-of-way to a pedestrian in a marked crosswalk, but also yield to a pedestrian in an unmarked cross walk. Besides the law requiring drivers to yield, human decency and common courtesy mandate it as well.
In the situation with the grandmother, it is possible that not only the driver may be at fault, but there may be liability on the city for creating and fostering a dangerous condition on public property.
“The owner of a photography business at the corner of Sacramento and Stockton told KTVU he has regularly seen fatal accidents at the dangerous intersection. ‘I’ve had my business here for 33 years,’ said the business owner, who only gave his name as Raymond. ‘I’ve seen six to eight people get killed on the same spot! I told the city so many times they have to do something about it.’ The city is aware of the danger.”
While we cannot bring your loved ones back, or make your injuries go away, we can aggressively represent you in recovering a monetary settlement or jury verdict for your loss. If you, or a loved one, have been injured in a crosswalk, and would like a free consolation with an attorney, please do not hesitate to contact one of the attorneys at Eason & Tambornini, A Law Corporation.
