Santa Maria, CA—A man from Santa Maria was struck and killed Saturday night, October 26, 2024, while walking along Highway 46 near Kecks Road, according to KGET.
The California Highway Patrol (CHP) responded to the accident just after 8:00 p.m. on the stretch of highway east of Kecks Road.
Investigators report that the pedestrian, who has not yet been identified, was walking close to the eastbound number one lane of Highway 46 as a 2014 silver Lincoln Navigator approached in the same lane. For reasons that remain under investigation, the man stepped into the path of the vehicle.
CHP noted that the pedestrian was possibly impaired at the time, but details remain unconfirmed as investigations continue. The driver and passengers of the Lincoln Navigator were uninjured, and officers reported that the driver remained at the scene, fully cooperating with authorities.
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.