San Francisco, CA (November 24, 2024) – On Sunday, November 24, 2024, Ronald Duncan, 64, was fatally struck by a vehicle near 16th Street and Rondel Place in San Francisco’s Mission District.
Accident Details: According to the San Francisco Police Department, the collision occurred at approximately 2:43 a.m. near the 16th Street Mission BART station. Duncan appeared to have been lying in the roadway before the crash. After he was struck, he was transported to a hospital, where he later died. The driver involved in the incident remained at the scene and cooperated with authorities. Investigators are seeking additional information.
Legal Considerations: As a personal injury attorney, I find that this heartbreaking incident raises critical legal questions that deserve careful examination. Potential considerations include:
- Driver Responsibility: While the driver remained at the scene, their duty to exercise reasonable caution and prevent harm to others on the road must be reviewed. Speed, reaction time, and adherence to traffic laws are critical.
- Roadway Conditions: Duncan was reportedly lying in the roadway before the collision. It is essential to investigate whether poor visibility, insufficient lighting, or other hazards may have contributed to the driver’s inability to avoid the collision.
- City Accountability: The pedestrian advocacy group Walk San Francisco has highlighted the alarming pattern of fatalities on 16th Street, suggesting possible systemic issues with roadway design or safety measures. If proven, the city could share responsibility for failing to ensure pedestrian safety in this high-risk area.
Wrongful Death Claim: Under California law, surviving family members may file a wrongful death claim if negligence is found to have contributed to a loved one’s death. Investigators should also determine why Duncan was lying on the road. Duncan may be deemed negligent depending on why he was lying on the road, which would implicate California’s comparative negligence laws. However, this factor would not necessarily prohibit his family’s financial recovery.
My sincerest condolences to Ronald Duncan’s family and friends during this difficult time.
Source: SF Gate