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Man Killed In San Bernardino Pedestrian Accident

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Car AccidentA 70-year-old man was killed in a pedestrian accident in San Bernardino after a semi-truck hit him as he crossed a roadway.

According to a news report in The Press-Enterprise, the fatal pedestrian collision occurred the evening of September 7, 2015 on 5th Street near the southbound off-ramp to the 215 Freeway.

The pedestrian was walking in a marked crosswalk when a 2008 Kenworth semi-truck hit him.

The driver of the truck, identified as Luis Miguel Cabuto, was making a right turn from the freeway off-ramp onto westbound 5th Street when he struck the man. The pedestrian suffered major injuries and was pronounced dead at the scene.

Anyone who witnessed this crash is asked to contact the California Highway Patrol’s San Bernardino office at 909-383-4247.

Our heartfelt condolences go out to the family members and friends of the deceased victim for their terrible loss. Please keep them in your thoughts and prayers.

Pedestrian Accident Statistics

There were nine fatalities and 79 injuries reported in the city of San Bernardino in 2013, according to CHP’s Statewide Integrated Traffic Records System (SWITRS).

Countywide, 52 fatalities and 371 injuries were reported due to pedestrian accidents during the same year.

Crosswalk Law

Based on this news report, it appears that the driver of the semi-truck did not yield the right-of-way to the pedestrian in the crosswalk. 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.”

Fault and Liability

In this particular case, if the truck driver is determined to have been at fault, both he and his employer can be held liable for the victim’s wrongful death.

In cases where negligence or wrongdoing is involved, families of deceased victims can file a wrongful death claim seeking compensation for damages such as medical expenses, funeral costs, lost future income, pain and suffering and loss of love and companionship.

An experienced San Bernardino personal injury lawyer will be able to analyze all facets of the case and ensure that the negligent parties are held accountable.

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