Long Beach, CA (December 13, 2024) – On Friday, December 13, 2024, 75-year-old Elvira Cuellar tragically lost her life in a collision at the intersection of Long Beach Boulevard and Greenleaf Boulevard in Long Beach.
Accident Details: According to the Long Beach Police Department, Cuellar, a resident of Compton, fell in a marked crosswalk and was struck by a 2009 Chevy HHR, making a left turn. Authorities have ruled out speed, distracted driving, and impairment as factors in the crash. The driver remained on the scene and cooperated with the investigation.
Legal Considerations: As a personal injury attorney, I find that this tragic accident highlights several critical legal questions:
- Driver Behavior: California law emphasizes drivers’ duty to exercise due care, particularly at intersections and crosswalks. Since Cuellar was in a marked crosswalk, the driver should have been vigilant and mindful of the possibility of pedestrians. Even if she had fallen, the driver was responsible for observing the crosswalk and taking precautions to avoid a collision. The investigation will examine whether the driver’s actions—or lack thereof—contributed to the crash.
- Roadway Design and Visibility Issues: The intersection itself warrants scrutiny. Road defects, inadequate signage, or other design flaws could impair a driver’s ability to detect pedestrians. Obstructions, such as overgrown foliage, could impede visibility. If these factors played a role, liability might extend to the local municipality for failing to maintain a safe roadway environment.
- Mechanical Failure: Brake malfunctions, steering problems, or other defects could have prevented the driver from stopping in time. In such cases, the vehicle manufacturer or maintenance provider might be liable.
If negligence is determined to be the cause of the accident, Cuellar’s family may be able to pursue legal recourse through a wrongful death claim, which can address both financial and emotional impacts.
We extend our deepest condolences to Ms. Cuellar’s family and loved ones during this heartbreaking time.
Source: Long Beach Post