California Injury Blog
Gabriel Garate, 7, was killed in a Long Beach pedestrian accident after he was struck by a pickup truck while walking in a marked crosswalk.
According to a CBS Los Angeles news report, the fatal crash occurred on the evening of July 27 at the intersection of Lakewood Boulevard and 23rd Street. Officers arrived at the scene to find Gabriel in the roadway, critically injured. Long Beach fire officials pronounced the boy dead at the scene.
Investigation and Arrest After Long Beach Pedestrian Accident
A preliminary investigation into the crash determined that a 2005 Dodge Ram pickup truck was traveling westbound on 23rd Street and was making a left turn onto southbound Lakewood Boulevard. Gabriel was crossing the street with his father in a marked crosswalk with the signal when the pickup truck hit them. Police said the driver of the pickup truck, 57-year-old James Barnes, failed to yield the right-of-way to the pedestrians in the crosswalk.
Barnes remained at the scene and police say alcohol, drugs, or distracted driving did not appear to have been a factor in this tragic crash. Barnes was arrested on suspicion of felony vehicular manslaughter with gross negligence. Anyone with more information about this crash is urged to contact Long Beach police at 562-570-7355.
We offer our heartfelt condolences to the family members of Gabriel Garate for their terrible loss. Please keep them in your thoughts and prayers.
Laws and Liability Issues
Based on this news report, it appears that the driver of the pickup truck may have violated California law by failing to yield the right of way to the pedestrians in the marked crosswalk, who were crossing with the light at the time, according to officials.
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.”
In such cases, it would be in the best interest of victims and families to seek the counsel of an experienced Long Beach pedestrian accident lawyer who will stay abreast of the official investigation and help ensure that their legal rights and best interests are protected.
Source: https://www.cbsnews.com/losangeles/news/boy-7-fatally-struck-pickup-truck-walking-with-father-long-beach-crosswalk/