Monterey, CA (June 9, 2024) – On Sunday morning, a tragic pedestrian-vehicle collision occurred on Espinosa Road, just east of Highway 183, resulting in the death of 42-year-old Edward Hyun Kang from Moraga.
Accident Details: A black Mercedes A220 was traveling westbound. Kang was in the lane as well, though the reason why is still unclear. The Mercedes was unable to stop and struck Kang. According to the California Highway Patrol (CHP), the driver of the Mercedes remained at the scene and is fully cooperating with the investigation. Unfortunately, Kang was pronounced dead at the scene. The driver did not sustain any injuries, and no arrests have been made at this time.
Legal Considerations: As a personal injury attorney, I believe several critical questions need to be addressed to understand the cause of the accident. While the driver of the Mercedes cooperated with the investigation and remained at the scene, it is essential to scrutinize his actions leading up to the collision. Was the driver distracted, speeding, or under the influence of any substances? Additionally, the condition of the Mercedes, including the functionality of its headlights and brakes, should be inspected to rule out mechanical failure as a contributing factor. The accident occurred early in the morning, a time when visibility can be limited. Investigating the lighting conditions on Espinosa Road, the presence of any road hazards, and the overall condition of the roadway is crucial. Poor lighting or hazardous road conditions can significantly impact a driver’s ability to see and react to a pedestrian in the roadway. Depending on the facts of the investigation, the Mercedes driver, the car manufacturer, the car maintenance provider, or the government entity responsible for maintaining roads may be liable for negligence. If so, Kang’s family may be able to file a wrongful death claim. Note, that a pivotal question that remains is why Kang was in the westbound lane of Espinosa Road. Whatever the reason, even if he is partly responsible for the accident, that would not negate the liability of the other parties. Recoverable compensation may, however, be reduced.
My condolences to the family and friends of Edward Hyun Kang during this very difficult time.
Source: KSBW