North Berkeley, CA (November 14, 2024) – On November 14, 2024, at approximately 6:17 p.m., Benten Bascombe Brown, 78, of Berkeley, was struck by a vehicle while walking south across Rose Street at Josephine in North Berkeley.
Accident Details: The vehicle, driven by a 79-year-old Berkeley woman traveling east on Rose Street, collided with Brown. Emergency responders transported him to Highland Hospital, where he later succumbed to his injuries. The driver, identified as a 79-year-old Berkeley woman, remained on the scene and cooperated with police.
Legal Considerations: As a personal injury attorney, I find that this tragic incident highlights several legal questions, particularly regarding pedestrian rights-of-way and driver responsibility. California law typically gives pedestrians the right-of-way in marked or unmarked crosswalks. Investigators will likely assess whether the pedestrian was within an unmarked crosswalk and if the driver exercised due caution. Investigators will also look at the road conditions and whether the driver’s vehicle suffered from a malfunction.
Brown’s family may have grounds to pursue a wrongful death claim if evidence suggests that another’s negligence caused the accident.
I extend my deepest sympathies to the family and friends of Benten Bascombe Brown during this difficult time.
Source: Patch