California Injury Blog
An 11-year-old boy who was walking to school in Montclair was struck and killed by a pickup truck the morning of Sept. 6. According to a KTLA news report, the boy who had just been dropped off near Vernon Middle School was hit while walking in a marked crosswalk at the intersection of San Bernardino Street and Vernon Avenue. The truck ran into and over the child. Footage from the scene showed the pickup involved was a large, black Chevy four-door that was equipped with four-wheel drive.
The boy suffered significant head injuries and was transported to an area hospital where he died from his injuries. The truck’s driver stopped immediately and talked to investigators. Detectives are still trying to determine what caused the crash. The boy was a seventh grade student at the school.
We offer our deepest condolences to the family members of this child for their tragic and heartbreaking loss. Please keep them in your thoughts and prayers.
Pedestrian Statistics
According to California Highway Patrol’s 2014 Statewide Integrated Traffic Records System (SWITRS), one fatality and 90 injuries were reported as a result of pedestrian accidents in the city of Montclair. In San Bernardino County as a whole, 67 people died and 473 were injured as a result of pedestrian accidents during the same year.
Crosswalk Laws
Based on this news report, it appears that the boy was in the crosswalk when the truck came through the intersection. Under the law vehicles are required to stop and yield the right of way to pedestrians in unmarked and unmarked crosswalks.
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.”
Liability Issues
We trust officials are looking into what caused the driver to plow into the child in the crosswalk. If negligence was a factor the victim’s family may be able to seek compensation by filing a wrongful death claim. An experienced personal injury lawyer will also be able to advise whether the family has a case against the governmental agency responsible for maintaining the roadway, if a dangerous roadway condition caused or contributed to the incident.
Source: https://ktla.com/2018/09/06/11-year-old-boy-walking-to-school-in-montclair-fatally-struck-by-pickup-police/