San Jose, CA (October 1, 2024) – On October 1, 2024, a tragic accident occurred in downtown San Jose that claimed the life of 87-year-old Sengqin Luo.
Accident Details: A man was driving a Nissan Sentra eastbound on East San Fernando Street. According to reports, Luo was struck by a vehicle while crossing the street in a marked crosswalk at the intersection of South Fifth Street and East San Fernando Street around 6:30 p.m. She was taken to a local hospital with life-threatening injuries and, despite initial stabilization, succumbed to her injuries on October 4. The driver remained at the scene and cooperated with the investigation
Legal Considerations: As a personal injury attorney, I find that several questions warrant investigation. A thorough investigation will seek to answer important questions about the driver’s behavior and the overall conditions at the time of the collision.
Failure to Yield to a Pedestrian in a Crosswalk: California law requires drivers to yield the right of way to pedestrians in marked crosswalks. The fact that Luo was in a marked crosswalk at the time of the collision suggests a possible failure to yield on the driver’s part.
Speed of the Vehicle: The speed at which the driver traveled could be a critical factor. If the driver was driving too fast, this could be evidence of negligence.
Road Conditions: Investigators will also look into the lighting and visibility conditions at the time of the accident. Was the intersection well-lit? Were there any obstructions that could have prevented the driver from seeing Luo? These factors could implicate the local municipality in a negligence claim.
Civil Liability: If the investigation concludes negligence led to the tragic death of Luo, her family may have grounds to file a wrongful death lawsuit. Such a claim could seek compensation for funeral costs, loss of financial support, and emotional distress. However, the outcome of the investigation will ultimately determine whether such a claim is viable.
My heartfelt condolences go out to the family and friends of Sengqin Luo. Losing a loved one in such a tragic and sudden manner is devastating, and I hope they find the support and strength needed during this difficult time.
Source: The Mercury News