Los Angeles Injury Attorney Blog

A 60-year-old Rancho Cucamonga man died Monday night when he was struck by a car while crossing the street, the Inland Valley Daily Bulletin reported. The fatal accident occurred at 8:24 p.m. Monday, August 9th, on Grove Avenue, south of Bowen Street in Upland. According to news reports, the victim, Louis Chambers, was not in a crosswalk when he attempted crossing Grove Avenue. He was subsequently struck by a southbound Toyota Corolla. Chambers was rushed to San Antonio Community Hospital, where he died less than 30 minutes after the accident. The driver of the Corolla, David Martinez, 22, of Upland, reportedly saw Chambers prior to the collision and attempted to stop, but was unable to. The front of his Toyota Corolla struck Chambers and ejected him from his wheelchair.

Cause of the Upland Pedestrian Accident

The cause of the crash remains under investigation by the San Bernardino County Sheriff's Department. Based on the information provided in news reports, it is not clear whether the driver of the Corolla was at fault. Even though he was not cited or arrested at the scene, he still may be determined responsible pending the investigation. If the driver of the Corolla was speeding, or otherwise driving negligently so that he should have seen Chambers, he may be found responsible.

Pedestrian Accidents and Wrongful Death Liability

Wheelchair-bound pedestrians are unfortunately somewhat common victims of fatal accidents. 75% of pedestrian-vehicle accidents occur at non-intersections. While crossing the street outside of a crosswalk increases a pedestrian's risk of being struck, an accident still may be the fault of the driver. In situations such as this one, while an accident is still under investigation, the family members of the victims are well-advised to contact a San Bernardino pedestrian accident lawyer about the family's rights in a wrongful death claim. If the driver is determined to be responsible, he may be liable for the victim's final medical expenses, funeral and burial costs, future anticipated income, and loss of love, care, and companionship. A lawyer who has successfully represented victims of wheelchair pedestrian accidents can advise the victim's family of their legal rights and best course of action going forward.