This accident involved a tragic car versus pedestrian accident, wherein Defendant
recklessly ran through the crosswalk, at a residential intersection, and struck Plaintiffs in
the middle of the crosswalk. As a result of the collision, the entire family sustained severe
injuries.

At the time of the accident, all four (4) plaintiffs were crossing the intersection in a
marked crosswalk. Defendant was traveling southbound delivering pizza for his employer,
and claimed that he did not see any of the plaintiffs. A witness was traveling northbound
and approaching the subject intersection when he noticed the Plaintiff’s family entering the
crosswalk from the northeast corner and walk westbound. The witness noticed that
Defendant did not appear to see the Plaintiffs so he began to honk his horn to warn of the
accident. Defendant nevertheless failed to notice the entire family and struck the entire
family in the crosswalk.

Plaintiffs’ minor daughter testified that her parents had taught her to always look
both ways whenever crossing the street. Plaintiff’s daughter further testified that on the day
of the accident prior to entering the crosswalk, she looked both ways and only saw a
vehicle at a far distance. Plaintiff’s daughter further testified that she had no warning
whatsoever prior to being struck.

Defendant was traveling at the rate of speed of 30-35 mph through a residential
intersection with a speed limit of 25 mph when he struck the entire family. Defendant
admitted to the reporting officer that prior to reaching the subject residential intersection,
he noticed another vehicle traveling the opposite direction with its high beams on which
caused him to “squint and reduce his vision”. Defendant further admitted that as he
approached the intersection, traveling at 30-35 mph, he then heard something strike the
front of his vehicle and then shatter his windshield.

California Vehicle Code § 21950. Right-of-way at crosswalks provides:
(a) 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, except as otherwise provided in this chapter.
(b) This section does not relieve a pedestrian from the duty of using due care for his
or her safety. No pedestrian may suddenly leave a curb or other place of safety and
walk or run into the path of a vehicle that is so close as to constitute an immediate
hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or
unmarked crosswalk.
(c) 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 the vehicle or
take any other action relating to the operation of the vehicle as necessary to
safeguard the safety of the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising
due care for the safety of any pedestrian within any marked crosswalk or within any
unmarked crosswalk at an intersection.

 Defendant blamed the witness for flashing his high beams to alert him and also tried
to blame the City claiming an unsafe crosswalk.