El Monte, CA (December 10, 2024) – On December 10, 2024, a tragic collision claimed the life of 66-year-old Terry Xiao in El Monte.
Accident Details: The incident occurred near 750 Santa Anita Avenue around 5:50 p.m. when a white Toyota Sienna van struck Xiao. California Highway Patrol reports that Xiao was pronounced dead at the scene.
Legal Considerations: As a personal injury attorney, I find that several aspects of this case warrant further examination. In pedestrian accidents, multiple factors may influence liability:
- Driver Negligence: Determining whether the van driver was speeding, distracted, or otherwise negligent is central to the investigation.
- Visibility and Road Conditions: Investigators should evaluate the area’s lighting, crosswalk visibility, and traffic controls to determine whether poor infrastructure contributed to the crash. If so, the local government entities responsible for maintaining the area may bear partial responsibility.
- Pedestrian Actions: It is also essential to consider whether Xiao was crossing at a marked crosswalk or if their actions contributed to the collision.
If driver negligence is established, Xiao’s family may consider pursuing a wrongful death claim to recover damages for funeral expenses, loss of companionship, and other economic and emotional impacts. California law allows such claims to hold negligent parties accountable and provide some relief to grieving families. If Xiao is found to be partially negligent, such as crossing outside a crosswalk, his family won’t necessarily be barred from financial recovery. However, California’s comparative negligence laws may reduce their recoverable compensation based on Xiao’s fault.
My thoughts go out to Terry Xiao’s family and loved ones during this heartbreaking time.
Source: San Gabriel Valley City Watch