Rafael Garcia, 46, was killed in a San Bernardino car accident after he was hit by a vehicle, while walking across a street intersection. The San Bernardino Sun reports that Garcia was crossing at the intersection of Mill Street and Rancho Avenue the night of December 2, 2009 when the driver of a 2001 Toyota Camry struck him. He was transported to an area hospital where he died shortly after the collision.

I offer my deepest condolences to everybody who knew and loved Garcia for their tragic and heartbreaking loss. Please keep them in your prayers.

San Bernardino Pedestrian Accidents

There were seven fatalities and 75 injuries involving pedestrian accidents in San Bernardino, according to California Highway Patrol's 2007 traffic accident statistics. Countywide, 50 people died and 432 were injured as a result of pedestrian car accidents in 2007. Also, in San Bernardino County as a whole, 308 deaths and 9,920 injuries were reported due to car accidents.

Based on this news report, it is not clear how or why the driver of the Toyota Camry failed to see Garcia on the roadway before the collision. If the details of this report are correct, Garcia was crossing the street at an intersection. California law states that motorists should yield right-of-way to pedestrians who are crossing the street in a marked/unmarked crosswalk at an intersection.

California Vehicle Code Section 21950 states: "The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection." The same section also states that the driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk "shall exercise all due care and shall reduce the speed of a vehicle or take any other action relating to the operating of the vehicle as necessary to safeguard the safety of the pedestrian."

Liability Issues in Pedestrian Accidents

If I were a member of Garcia's family, I would certainly want to know the answers to the following questions. Was the driver of the Camry inattentive, negligent or distracted? Was he or she driving under the influence? Was the driver speeding or driving recklessly? If the driver was at fault for this accident, then he or she should be held liable for Garcia's wrongful death. If the at-fault driver was on-the-job or running an errand for someone, the employer or the person he or she was running the errand for, could also be held liable.

If there was a dangerous condition at that San Bernardino intersection that led to this fatal pedestrian accident, the city or governmental agency responsible for maintaining that roadway could also be held liable. Any claim against a California governmental agency must be filed within six months of an accident or injury. A reputed California personal injury attorney will analyze all aspects of a car accident and help determine whether there was any negligence or wrongdoing involved. The best personal injury attorneys will always offer a detailed consultation at no charge to injured victims and their families.

We are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call a reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free confidential consultation to "not a fault" persons named in this article and their family members.