Los Angeles Injury Attorney Blog

UPLAND - The Inland Valley Daily Bulletin reported an elderly Upland gentleman tragically died Monday while crossing Euclid Avenue (State Route 83). The fatal pedestrian accident was reported at about 12:15 p.m. on Monday, January 30, 2012. According to news accounts, the victim, Owen Skousen, 83, was struck by a green 2005 Chrysler 300 at 17th Street and Euclid Avenue. Skousen was rushed to a nearby hospital where he tragically died of his injuries. The driver of the Chrysler, who was not identified, was not hurt in the collision.

Fatal Pedestrian Accident Wrongful Death Liability

Following a fatal accident such as this car vs. pedestrian accident in Upland, the family members of the victim would be well-advised to speak with an experienced and knowledgeable Upland personal injury attorney. A lawyer who is skilled in handling fatal pedestrian accident wrongful death claims can advise the victim's family of their best course of action to protect their legal rights, and whether they may be entitled to pursue a wrongful death claim against the driver of the vehicle, if it is determined that he or she was responsible.

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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.

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A 76-year-old Upland man died Tuesday, less than two hours after a three-vehicle crash that ended a short police pursuit, the Inland Valley Daily Bulletin reported. The fatal June 29th crash occurred shortly before 9:30 a.m. near 16th Street/Baseline Road. According to news reports, on Sunday, an Upland resident reported two cars stolen from his garage. On Tuesday, a Claremont police officer spotted a silver BMW sedan without a license plate near Padua Avenue and Baseline Road. According to the Daily Bulletin, the Claremont officer had no knowledge of the burglary two days earlier.

The driver of the BMW, Brett Joseph Fagan, 25, of Corona, sped off, and the Claremont Police officer pursued. Just seconds later, in the area of Baseline Road/ W 16th Street (State Highway 30) and N Benson Avenue, the stolen vehicle broadsided a Dodge Dakota pickup truck driven by William Blanchard, 76, of Upland. Blanchard was airlifted to Arrowhead Regional Medical Center where he died at 11:18 a.m.

Fagan, who according to the Claremont Police Department has an extensive criminal history, fled the scene on foot and was arrested a short time later on suspicion of murder, vehicular manslaughter, felony evading causing a death and a parole violation. He was booked at the West Valley Detention Center in Rancho Cucamonga with no bail.

Cause of the Crash

If news reports are accurate, Brett Fagan, the driver of the stolen vehicle, caused the fatal collision. Claremont Police reported that the BMW entered the intersection of Baseline Road against a solid red light and struck vehicles lawfully in the intersection.

Police Pursuit Accidents

According to the NHTSA, about 400 innocent bystanders die each year in police pursuit collisions, and several thousand more are injured. Southern California has the highest police pursuit rates in the country. Earlier this month, a 6-year-old girl tragically died when she was struck by a car fleeing a Los Angeles Police Department squad car on a residential street (see LA Times article).

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