An 80-year old woman crossing at an intersection near her home was struck by an SUV. She was taken to a nearby hospital where she died shortly after.
According to reports, it is not clear who had the right-of-way. California Vehicle Code Section 21954 states, "Everypedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard." However, it continues with, "The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway."
The fatal accident is under investigation. It would be wise for the family to consult with an experienced San Bernardino Personal Injury attorney because if it is determined that the driver was at fault, he or she can be held liable for the woman's wrongful death and the family can seek compensation for their loss and expenses incurred.
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