Juana Elias, 41, was killed in an Ontario pedestrian accident after a vehicle struck her in a marked crosswalk.
According to a CBS Los Angeles news report, the fatal accident occurred the evening of September 30, 2014 near the intersection of Holt Boulevard and Laurel Avenue.
Officials who responded found Elias
down in the roadway, struck by a 2006 Chevy Impala. Her daughter nearby was not seriously injured.
Security video showed Elias and her teenage daughter crossing the street while heading to the post office. When Elias saw the car barreling toward them, she pushed her daughter out of the way.
Elias was transported to a hospital where she died from her injuries two days after the incident. In response to the crash, many local residents have urged city officials to install a stop sign at the intersection.
City Manager Al Boling has said that the city will review the situation and determine if a stop sign is needed.
According to police, the 25-year-old driver was not impaired and has not been arrested or charged. The district attorney’s office will review the incident and determine if any charges will be filed.
Our thoughts and prayers are with the family members of Juana Elias, particularly her three children. Our deepest condolences go out to them.
What Caused This Incident?
Based on this news report, it appears that the driver of the Chevy Impala struck the pedestrian and did not stop at the marked crosswalk where the pedestrians were legally crossing.
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.”
We trust officials are looking into a number of issues here.
Why did the driver of the Impala fail to stop and yield the right-of-way to pedestrians walking in a marked crosswalk? Was the driver distracted or inattentive at the time? Was speed a factor in this crash? Was there a dangerous condition in this intersection such as poor visibility, which may have caused or contributed to this incident?
Fault and Liability
If the driver is determined to have been at fault, he 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 including medical and funeral costs, lost future income, loss of love and companionship and other related damages.
An experienced Ontario personal injury lawyer will also be able to determine whether a dangerous or defective roadway caused or contributed to the incident. If that was the case, the city or governmental agency responsible for maintaining the roadway can also be held liable.
Please remember that any personal injury or wrongful death claim against a governmental entity must be filed within 180 days of the incident.