Burlingame, CA (September 12, 2024) – On the evening of September 12, 2024, a San Mateo mother, Yolanda Villar, tragically lost her life after being struck by a vehicle at the intersection of North Delaware Street and Peninsula Avenue in Burlingame.
Accident Details: According to preliminary reports from the Burlingame Police Department, the incident occurred at approximately 6:22 p.m. when the driver of a vehicle, who was making a left turn onto Peninsula Avenue, collided with Villar as she crossed the street. Villar succumbed to injuries sustained in the collision.
Authorities have not yet commented on who had the right of way at the time of the accident, and the investigation remains ongoing. The driver involved is reportedly cooperating fully, and there is no indication that drugs or alcohol were factors in the collision.
Legal Considerations: As a personal injury attorney, I find that this tragic accident raises several important questions regarding liability. As the investigation continues, one key factor will be determining who had the right of way.
Driver Behavior: Did the driver exercise reasonable care while turning left? California law mandates that drivers must yield the right of way to pedestrians in a crosswalk, and any failure to do so could result in liability for the driver.
Intersection Safety: Another potential avenue for investigation involves the design of the intersection itself. Residents have voiced concerns about the safety of the crosswalks at this intersection and nearby areas. If the intersection’s design or maintenance is defective, the local municipality could be held accountable. The presence of safety complaints that have reportedly gone unaddressed may suggest potential negligence.
Wrongful Death Claim: If negligence is found, Villar’s family may have the option to pursue a wrongful death claim. This legal action allows surviving family members to seek compensation for their loss, including funeral expenses, loss of companionship, and emotional suffering.
I extend my deepest condolences to Yolanda Villar’s family and friends during this incredibly difficult time. I hope the ongoing investigation brings clarity and closure to her loved ones. Her family has set up a GoFundMe account for her daughter, Stephanie. Please assist if you can.
Source: The Daily Journal