Lodi, CA — A woman lost her life Sunday night, November 3, 2024, after being struck by a vehicle in Lodi, according to ABC10.
The California Highway Patrol (CHP) reported that the accident happened around 7:15 PM near Highway 12 and Westgate Drive.
According to officers, the woman was walking in a dimly lit area of the road and was wearing dark clothing, which may have made it difficult for the driver to see her. Tragically, she suffered fatal injuries in the collision and was pronounced dead at the scene.
CHP noted that the driver remained on the scene and is fully cooperating with the investigation. Authorities have not yet identified the woman and are continuing to gather details to determine the factors that led to the incident.
Pedestrian Fatalities and Wrongful Death Claims
Drivers have a specific “Duty of Care” towards pedestrians, who are particularly vulnerable in traffic accidents. This responsibility includes being vigilant for pedestrians near the roadway and, if a fatal collision occurs, staying with the victim, alerting emergency responders, and cooperating with authorities investigating the crash.
For those who lose a loved one in a pedestrian accident, filing a Wrongful Death claim with the assistance of an experienced attorney can provide compensation for medical bills, funeral costs, and other related damages.
If the at-fault driver avoids legal consequences, compensation might still be available through a family member’s uninsured driver coverage. Consulting with a personal injury attorney can help determine the best options in such cases.
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.
Martin Gasparian is the founder of Maison Law, a California Personal Injury Law Firm. Martin is a graduate of Georgetown University Law School and has been practicing law in California 2004. His practice focuses on helping injury victims know their rights and recover just compensation.
