Fresno, CA – A man was killed early Wednesday morning, October 9, 2024, after being struck by a big rig on Highway 99 in central Fresno, according to KSEE.
The California Highway Patrol (CHP) responded to the incident around 4 AM, following reports of a pedestrian walking in the northbound lanes of the highway, just north of McKinley Avenue.
According to investigators, the driver of the big rig was traveling at approximately 55 miles per hour when he noticed the man on the roadway. Despite efforts to avoid a collision, the truck hit the pedestrian. Sadly, the man was pronounced dead at the scene.
Authorities are still working to determine why the man was walking on the highway. CHP officials mentioned that the victim may have been under the influence, but confirmation is pending a toxicology report.
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.