A man was injured and his two dogs were killed when they were all struck by a motorist who was driving under the influence, according to officials. A KTLA news report said that the tragic incident occurred as the victim was walking the dogs with his family on the afternoon of Nov. 28, in the 7100 block of Archibald Avenue near the P.E. Trail.
The man had walked ahead of his family in the crosswalk when a speeding car struck him and the dogs as they were halfway across the street. The vehicle then lost control and slammed into a tree. The injured victim was transported to a hospital for treatment of unspecified injuries. Both of his dogs died at the scene.
The driver, 23-year-old Mouaffak Alami, was transported to the hospital where deputies served a search warrant to get a blood sample. After being released, Alami was arrested and booked on suspicion of DUI. The crash remains under investigation. Anyone with information is asked to submit a tip by dialing the We-tip Hotline at 1-800-782-7463, or through the website wetip.com.
Laws and Liability Issues
Based on this news report, it appears that the driver of the vehicle was operating under the influence of alcohol and/or drugs. According to California Vehicle Code Section 23152 (a), it is illegal to operate a vehicle while under the influence of alcohol and/or drugs. It also appears that the pedestrian was walking in a marked crosswalk when he was struck.
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 where negligence or wrongdoing is involved, injured victims can file a personal injury lawsuit against the at-fault driver seeking compensation for damages such as medical expenses, lost income, cost of hospitalization, rehabilitative treatment, permanent injuries, as well as pain and suffering. An experienced San Bernardino County pedestrian accident lawyer will be able to advise victims regarding their legal rights and options.