South Los Angeles, CA (January 19, 2025) – Derek Clay, 32, tragically lost his life on Sunday evening after being struck by a vehicle.
Accident Details: The collision occurred at approximately 5:15 p.m. in the Harbor (110) Freeway express lane near West Slauson Avenue in South Los Angeles. Authorities are still investigating why Clay was on the freeway, a location inherently hazardous for pedestrians.
Legal Considerations: As a personal injury attorney, I find that pedestrian fatalities on freeways often raise complex legal issues involving liability. In such cases, questions about the victim’s presence on the freeway and the driver’s actions must be carefully examined. Key considerations include:
- Pedestrian Presence: Freeways are generally restricted zones for pedestrians. Investigators will likely seek to understand why Clay was in the express lane. This context could impact liability assessments.
- Driver Responsibility: Motorists have a legal duty to exercise reasonable care, drive cautiously, and obey all traffic laws.
Additional inquiries could focus on third-party liability. Poor road design, inadequate lighting, or a lack of barriers to prevent pedestrian access could implicate local or state agencies responsible for freeway maintenance and safety.
Wrongful Death Claim: Clay’s family may be able to bring a wrongful death claim and seek compensation for their emotional and financial losses if another party’s negligence contributed to his tragic death.
Contributory Fault: Even if Clay is found partially at fault because he was on the freeway, his family could still pursue compensation if another party’s negligence also contributed to the accident. However, according to California’s comparative negligence laws, any recoverable compensation would be reduced based on Clay’s portion of the fault.
My sincerest condolences to Derek Clay’s family and friends during this difficult time.
Source: My News LA