Hoopa, CA (July 19, 2024) – On Friday, July 19, a tragic accident occurred on SR-96 west of Shoemaker Road in Hoopa, resulting in the death of 25-year-old Joseph McCovey.
Accident Details: The incident, reported around 11:40 p.m., involved a pedestrian collision where McCovey was struck by a Kia Soul driven by 18-year-old Neo McKindle. The vehicle subsequently left the scene, but McKindle and his passenger, 19-year-old Dawnalee Rangel, later reported the accident to the Hoopa Valley Tribal Police Station. Despite life-saving efforts, McCovey was pronounced dead at the scene.
Legal Considerations: As a personal injury attorney, I find that several aspects of this case warrant closer examination to determine liability, such as the following:
Pedestrian Right of Way: The California Vehicle Code states that drivers must yield the right of way to pedestrians in marked or unmarked crosswalks at an intersection. Investigating whether McCovey was in a crosswalk or stepped into the roadway unexpectedly is crucial.
Driver’s Duty of Care: Drivers have a duty to exercise reasonable care to avoid hitting pedestrians. The investigation should explore whether McKindle was driving at a safe speed, was distracted, or had impaired visibility. Witness testimonies and surveillance footage, if available, could provide valuable insights.
Hit-and-Run Implications: Although McKindle reported the accident later, leaving the scene constitutes a hit-and-run under the California Vehicle Code. This action could imply negligence or an attempt to avoid responsibility.
Potential Impairment: The involvement of drugs or alcohol remains under investigation. If impairment is proven, it would significantly implicate the driver’s liability. Toxicology reports and McKindle’s behavior before and after the crash are essential evidence.
Depending on the investigation’s findings, McCovey’s family may pursue a wrongful death claim to seek compensation for their loss. California follows a comparative fault system, meaning parties can share liability. If McCovey was partially at fault for stepping into the roadway, it could affect his family’s compensation. However, it would not necessarily prohibit recovery.
My sincerest condolences are with the family and friends of Joseph McCovey during this difficult time.
Source: KRCRTV