On Tuesday, June 23rd, a driver struck and killed a pedestrian in the intersection of Bristol and McFadden streets.  Authorities are still interviewing witnesses to determine the exact events leading up to the accident.

The deceased is a man in his 30’s who was said to be walking erratically.  It is unclear whether he was in a crosswalk or not.  Witnesses claimed he was “drifting from side to side”, and began to cross the street before turning around to go back. The driver of the BMW that struck him was moving south on Bristol.  When he went through the intersection, the traffic light was green and he had the right of way. However, upon taking a field sobriety test at the scene, the driver was suspected of driving under the influence of drugs and was taken into custody.

Had the driver of the vehicle not been found to be intoxicated, the fatal accident would have been the fault of the pedestrian. Now, since found to be driving under the influence, the family of the deceased will have grounds to file a wrongful death lawsuit for significant compensation.

California pedestrian laws have been modified over time, and are very clear on who may be deemed at fault in an accident involving a pedestrian.  If you have questions about these laws, or have lost a loved one in a pedestrian accident, consult with an experienced attorney who can advise you of your rights and options. No family should suffer financial hardship due to the reckless negligence of another driver.