November 12, 2012-Bloomington, California-A pedestrian accident led to the death of a man after he was hit by a sheriff’s patrol car in Bloomington on Sunday evening. The accident occurred around 9:15 p.m. at the intersection of Cedar Avenue and Santa Ana Avenue. The sheriff’s deputy, who was allegedly responding to a call, was driving south on Cedar when a pedestrian stepped into the road. The officer hit the man, killing him instantly.
It is unclear at this point if the driver or pedestrian had the right-of-way, but an investigation is ongoing. The victim has not been identified, but authorities did say that he was a 54-year-old man. The California Highway Patrol will continue to gather evidence and investigate the crash.
My thoughts and prayers go out to the victim’s family in this case.
Pedestrian Accident Statistics in San Bernardino County
According to the Statewide Integrated Traffic Report published by the California Highway Patrol, there were 33 pedestrian fatalities and 392 pedestrian injuries in San Bernardino County in 2010. The majority of these accidents, which involved 10 fatalities, were in unincorporated areas of San Bernardino County, although the city of San Bernardino had 63 pedestrian injuries during that time period.
The National Highway Traffic Safety Administration notes that 72 percent of all pedestrian fatalities occur in urban areas, and that 70 percent occur at night. About half of pedestrian fatalities occur on the weekend days. It is easy to understand these numbers because more people are walking and driving on the weekend and visibility is reduced at night.
What Happened in this Accident?
It is not yet clear whose fault this accident was. If the sheriff’s deputy did not have the right-of-way, the deputy may be charged with the accident. On the other hand, if the pedestrian stepped into the road without having the right-of-way, the sheriff’s deputy may be charged. However, regardless of who is charged with fault in the accident, liability may still be an issue.
How Does Liability in a Pedestrian Accident Work?
There are two different types of “proof” involved in a pedestrian accident. First, from a criminal standpoint, the police must show that the driver broke a law or violated the pedestrian’s right-of-way in order to charge him. On the other hand, a civil case must only show that the driver was negligent.
The family of this victim should consult a San Bernardino personal injury attorney to determine if they have the right to collect damages in this case.