Merced County, CA — According to KSEE, Thursday morning, August 22, 2024, on Highway 152, west of Volta Road, a man was struck and killed after walking directly into the path of an oncoming truck.
The California Highway Patrol (CHP) reports that a man was driving a 2016 Volvo three-axle truck, towing a box trailer, heading westbound on Highway 152 at about 55 MPH. Around 2:25 AM, a pedestrian suddenly stepped into the roadway with his arms outstretched wide, directly in front of the moving vehicle. The initial impact was severe, and tragically, the pedestrian was subsequently hit multiple times by other vehicles passing through the area.
This stretch of Highway 152 is known for its darkness during early morning hours, with limited street lighting and a relatively high volume of truck traffic. The road, which serves as a major route between Interstate 5 and Highway 101, is often busy with vehicles transporting goods across the state.
The driver of the Volvo immediately pulled over and cooperated fully with authorities. CHP officers have stated that drugs or alcohol do not appear to have played a role in the crash, neither on the part of the driver nor the pedestrian.
The identity of the deceased man has not been released pending notification of next of kin. The CHP continues to investigate the circumstances surrounding the incident.
Pedestrian Fatalities and Wrongful Death Claims
Motorists bear an added responsibility, known as the “Duty of Care,” towards pedestrians due to their heightened vulnerability in car accidents, often leading to pedestrian fatalities.
For those who have lost someone in a vehicular fatality, a Wrongful Death claim, made with the help of an experienced personal injury attorney, can provide compensation to alleviate the financial strain of laying their loved one to rest.
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.
