Aurelia Arciniega, 47, was struck and killed in a fatal Los Angeles pedestrian accident that occurred on May 4, 2011, around 6 p.m. in the 6300 block of Florence Avenue. According to Coroner’s Office Assistant Chief Ed Winter, the pedestrian was struck by a motorist in the Bell Gardens neighborhood of Los Angeles.
Arciniega was immediately transported to a nearby hospital for treatment and was later pronounced dead. From the limited information available, it is quite evident that the negligent driving of the motorist leads to this fatal car accident. From the facts set forth in the news story, it appears that the motorist failed to notice the pedestrian crossing the intersection in a crosswalk and hit her. This leads us to question his alertness while driving. Was the driver using a cell phone? Was he driving under influence? Did he do enough to avoid the accident?
In any case, striking a pedestrian legally in a crosswalk is negligence per se under California law. Under California Vehicle Code Section 21950(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….”
The pedestrian’s family members should consult with an experienced personal injury lawyer in Los Angeles to discuss their legal rights and options. An experienced lawyer can help the family obtain fair compensation to cover for funeral and burial costs, loss of future earnings, loss of love and companionship, and other accident-related expenses.
Our law office offers sincere condolences to all those who knew Arciniega for their loss. If it is found that the driver was operating his care illegally, either because he was driving under the influence of alcohol or without a valid driver’s license, we hope that he is prosecuted to the fullest extent of the law.