Elderly Oceanside Man Killed in Pedestrian Accident

Police are investigating a recent fatal pedestrian accident that occurred at approximately 9 p.m. Thursday, July 12 in Oceanside.

According to detectives investigating the case, an 85-year-old man was attempting to cross Oceanside Road at the intersection with Davidson Avenue when a 2011 Jeep Liberty struck him. The man suffered severe trauma injuries and was immediately transported to a nearby hospital, where he was eventually pronounced dead.

The driver of the Jeep was a 62-year-old woman who was uninjured. She remained at the accident site and cooperated with law enforcement officials. Her vehicle was later impounded for a routine brake and safety check.

Pedestrians not usually liable for accidents

In most circumstances, pedestrians are not at fault for accidents involving vehicles. A pedestrian always has the right of way when crossing at a crosswalk with a walk signal. Any driver who hits a pedestrian in such a scenario will always be considered responsible. Even if the pedestrian does not have the right of way or is jaywalking outside of a crosswalk, a motorist could still be liable if he or she had a reasonable amount of time to notice the pedestrian and avoid a collision.

Pedestrian accidents tend to be severe simply because of the sheer difference in mass between the vehicle and a human being. Therefore, the damages paid out in an injury claim could be correspondingly significant, depending on the circumstances of the case and the injuries involved.

If you or a loved one has been injured in a pedestrian accident due to the negligence of a driver, consult an experienced personal injury attorney with Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP to learn more about your options.