California Injury Blog
Jose Daniel Moreno, 37, was killed in a Pasadena car crash after his car was hit by another vehicle as he was pulling out of his home. The Pasadena Star-News reports that Moreno was pulling out of the driveway of his home in the 600 block of Hill Avenue the night of March 16, 2013 when the collision occurred. Moreno was freed from the wreckage. The other driver, a 48-year-old Pasadena man, was treated for apparently minor injuries. The investigation is ongoing.
According to California Highway Patrol’s 2010 Statewide Integrated Traffic Records System (SWITRS) there were six fatalities and 889 injuries involving Pasadena car accidents. In Los Angeles County as a whole, 530 people died and 50,513 were injured due to traffic accidents during the same year.
Right-of-Way Issues
Based on this news report, it appears that Moreno was pulling out of his driveway when he was struck by a vehicle that was southbound on Hill Avenue. Drivers pulling out of public or private driveways must yield right-of-way to pedestrians and oncoming vehicles. According to California Vehicle Code Section 21804 (a): “The driver of any vehicle about to enter or cross a highway from any public or private property, or from an alley, shall yield the right-of-way to all traffic.” Vehicles entering traffic “shall continue to yield the right-of-way to that traffic until he or she can proceed with reasonable safety.”
Causes and Compensation Issues
However, in this case, looking at the extensive damage that was caused, it is not clear how fast the southbound vehicle was going. Was the driver not following the speed limit? Did he or she fail to exercise due care? Was the street poorly lit? Was there any other dangerous condition on the roadway that hampered visibility? I trust officials are looking into these and other issues in order to determine precisely what occurred here and why.
In such cases, the at-fault driver can be held liable for the injuries and damages caused. Families of deceased car accident victims can file a wrongful death claim seeking compensation for damages such as medical expenses, funeral costs, lost future income and loss of love and companionship. Victims’ families would also be well advised to contact an experienced Los Angeles personal injury lawyer who will stay abreast of the official investigation and ensure that the negligent parties are held liable.