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Accidents Reported in Southern California

Most Drivers Involved in Fatal California Pedestrian Accidents Never Charged


Posted on Jan 19, 2012

A surprising statistic was recently reported by Bakersfield News: Not one driver who remained at the scene of a Bakersfield, California pedestrian car accident has been arrested or charged in 2011, despite the fact the seven people had died.

This is most likely because California law states that the driver must have been the substantial cause of pedestrian’s death, and many times prosecutors do not believe that is the case.

There are many factors that go into determining “causation,” including the whether or not the pedestrian was at a crosswalk at the time of the accident, or if he or she was trying to cross at an unmarked place in the road. Other major factors involve determining the speed that the driver was traveling, whether or not the driver violated any traffic rules, like running a red light or failing to stop at a stop sign.

The law also outlines that drivers are to exhibit “reasonable” caution when pedestrians are present, and “special” consideration when children, the disabled, or older pedestrians are nearby.

Of course, there always seem to be instances each year when a pedestrian tragically loses his or her life to a driver who was under the influence of drugs or alcohol.

The article goes on to describe some of the frustration that surviving family members must deal with losing a loved one to a pedestrian car accident in California, especially when there are many questions surrounding the cause and fault behind the accident.

If you are dealing with the same tragedy, our thoughts and prayers are with you, as they are with the families mentioned.

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Steinberg & Spencer Injury Lawyers
2901 28th Street
Suite 230
Santa Monica, CA 90405
Toll Free: (800) 989-6385

Offices throughout Southern California and statewide

Se Habla Espanol

San Bernardino Office
198 N. Arrowhead Avenue
San Bernardino, CA 92408

Riverside Office
3890 11th Street
Riverside, CA 92501

Ventura Office
333. Lantana Street
Camarillo, CA 93010

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