Fresno, CA – According to ABC30, a young boy was hospitalized after being struck by a car in southeast Fresno early Sunday morning, August 4, 2024.
Fresno Police responded to reports of a car hitting a child at the intersection of Caesar and Huntington Avenues just after 1 AM. Officials say that a 6-year-old boy was running across the street to greet family members and was hit by a passing car. After being treated for a broken leg, the boy was transported to a nearby hospital.
The driver of the vehicle remained at the scene and cooperated with authorities. According to police, alcohol does not appear to be a factor in the crash. The community is reminded to exercise caution and be vigilant, especially in residential areas where children are often present.
Duty of Care Toward Pedestrians
Drivers are entrusted with a specific “Duty of Care” towards pedestrians, who are more vulnerable and prone to fatal injuries in traffic accidents. Nevertheless, establishing liability can be intricate and influenced by various factors. This process of sorting through complexities to determine fault is one of the crucial services that a personal injury attorney can offer.
Even after fault is determined, insurance companies often strive to minimize claims they cannot reject outright. This is where a personal injury attorney can be invaluable, advocating on behalf of victims to secure the full compensation they rightfully deserve.
Partial Liability in Pedestrian Accidents
California Law does not consider pedestrians to have the right-of-way under all circumstances, such as if they attempt to cross outside of a crosswalk. However, motorists are never relieved of the expectation to provide pedestrians with a Duty of Care toward their safety.
It may therefore be determined that a motorist is held only partially liable in a pedestrian accident. If that is the case, they would be financially responsible for the victim’s recovery costs in proportion to their degree of liability.
