Berkeley, CA – A pedestrian was struck and killed early Wednesday morning, October 2, 2024, in the parking lot at Aquatic Park in a collision involving a suspected DUI driver, according to NBC Bay Area.
The incident occurred around 4:35 AM in a roundabout within the park. Police reported that the driver remained at the scene and was arrested on suspicion of driving under the influence.
A witness at the scene described a horrifying moment when he saw a man in a sleeping bag who had been run over by the vehicle. Both the witness and the driver attempted to push the car off the victim before emergency services arrived.
Berkeley Fire Department responded to the scene, and despite their efforts, the victim was pronounced dead. Details about the victim’s identity and further information regarding the driver have not yet been released as the investigation is ongoing.
Police are continuing to investigate the circumstances leading up to the collision.
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.
