November 1, 2011 - This is another sad situation in the news. According to reports a 76 year old pedestrian died after being struck by a vehicle in Santa Ana.

The Santa Ana Police Department Cmdr. says the man was struck at approximately 8:00 a.m. The pedestrian identified as Samuel Suh was struck in the 500 block of West 15th Street by the driver of a sedan. Cmdr. Owens said the driver remained at the scene of the accident and the accident occurred when the driver turned from North Van Ness Avenue onto W. 15th street, traveling eastbound.

Suh age 76 was transported to Western Medical Center in Santa Ana after being struck where he was pronounced dead later in the afternoon. According to Cmdr. Owens it was not clear if Shu was in a designated crosswalk at the time he was struck by the sedan. In other words, there are not enough facts to determine if the man was lawfully in a crosswalk or if he had already crossed. At least that is my take on this.

The good news is that the driver remained behind. Assuming arguendo, the vehicle driver hit the man when he had the right of way, the driver would be legally liable for the wrongful death of the pedestrian.

However, issues of pure comparative negligence rear their head. In other words, this was on old man. Was he partially responsible? Only time will tell. If you have fact pattern in the news you would like to discuss, contact the Los Angeles pedestrian accident attorney at Ehline Law Firm PC, Michael Ehline, your accident lawyer at 633 West Fifth Street, 28th Floor, Los Angeles, CA 90071. 213.596.9642.

View Larger Map

View the original article here