Hayward, CA (November 16, 2024) – Leah Sue Bowen, 39, was tragically killed in a pedestrian collision on November 16, 2024, in Hayward.
Accident Details: Bowen, a resident of Berkeley, was struck by a car while walking on Mission Boulevard around 9:45 p.m. She died at the scene. Details regarding the circumstances of the crash have not been released, and the investigation is ongoing.
Legal Considerations: As a personal injury attorney, I find that several legal considerations come into play.
- Driver Behavior: Drivers are legally required to be vigilant at all times, especially in areas where pedestrians may be present. Mission Boulevard, likely an area with pedestrian traffic, calls for extra caution from drivers. Failing to exercise this care could indicate negligence.
- Pedestrian Right of Way: If Bowen crossed within a marked crosswalk, she would have had the legal right of way. As set forth by California law, drivers must yield to pedestrians in crosswalks. However, even if Bowen was outside the crosswalk, the driver still had to have been cautious.
- Road Design and Obstructions: The design of the roadway can also impact pedestrian safety. Poorly lit areas or inadequate signage could contribute to pedestrian accidents. If such design flaws contributed to the accident, the local municipality could be held responsible for inadequate road maintenance or design.
- Mechanical Failure: Vehicle malfunctions can sometimes cause pedestrian accidents, implicating the vehicle manufacturer or service provider.
Wrongful Death: Given the fatal nature of this crash, Bowen’s family may pursue a wrongful death lawsuit. In such cases, the family could seek compensation for the emotional and financial losses from the accident. A wrongful death claim would require proving that another’s negligence caused the accident.
If Leah Sue Bowen was outside of a crosswalk, the concept of comparative negligence could apply. In this case, Bowen could be found partially at fault for not using the crosswalk, which might reduce her family’s recoverable compensation.
My heartfelt condolences go out to the family and friends of Leah Sue Bowen during this challenging time.
Source: SF Gate