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Brian Beato, 15, of Long Beach Killed in Pedestrian Car Accident

Monday, June 4th, 2012

LONG BEACH, California – Brian Beato, 15, of Long Beach was struck by a Honda Civic Friday and killed after he and a friend ran across Spring Street just east of Studebaker Road, according to a press release issued by the Orange County Coroner Department.

Paramedics responding to the 9:30 p.m. crash transported Beato by ambulance to Los Alamitos Medical Center where he was pronounced dead at 10 p.m. The two pedestrians were allegedly not at a crosswalk, but were in the middle of the street. Police say the second pedestrian left the scene of the crash, but the driver remained and was questioned and released without being cited.

Memorials to Beato posted on the internet show he was involved in baseball with the Millikan High School Rams.

California Pedestrian Law

“Under California Vehicle Code Section 21950 (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.

(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.

(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.

(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.”

California Pedestrian Accident Statistics

Source: California Highway Patrol Statewide Integrated Traffic Report

Pedestrians need to be especially cautious on our roadways because they are more vulnerable to injury or death. There were two pedestrians killed and 57 others injured in car accidents in Costa Mesa in 2009, according to the California Highway Patrol Statewide Integrated Traffic Report. In Orange County 41 pedestrians died and 864 were injured in 2009.

In California, there were 598 pedestrians killed and 12,418 injured in 2009, according to the CHP traffic report.

National data compiled by the National Highway Transportation and Safety Authority shows that pedestrian injuries and fatalities in the United States were up 4.9% in 2010 to 4,280 deaths and injuries were up 19% in 2010 to 70,000 people injured.

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The Seegmiller Law Firm can be reached at 1-855-ASK–WEST.  For over 30 years, the firm has been a staunch advocate for victims’ rights and has fought for clients involved in personal injury and wrongful death cases, including premises liability, product liability, auto accidents, dog bites, nursing home negligence, medical malpractice, at-work injuries and more.  The firm has offices in Irvine, Riverside, Los Angeles and San Bernardino, San Diego, California, and Las Vegas, Nevada.

 

Tags : Brian Beato, Long Beach law firm, , Long Beach pedestrian law firm, , Spring Street and Studebaker Road accident

Pedestrians are the most vulnerable victims of traffic accidents. Unlike occupants of vehicles, motorcyclists or bicyclists, they have no protection if they are hit by a vehicle.

Most people would guess that children are the most likely to be injured or killed in a car accident, but actually they are the least likely, according to National Transportation Highway Safety Administration (NTHSA) statistics.

In fact, the older you get the more likely you will be injured or killed in a pedestrian traffic accident, NTHSA statistics show.

The lowest pedestrian death rate is for children, but it gets higher and higher as people age with the highest death rate for pedestrians ages 70 years old and up. Also, over the past three decades, senior pedestrian accidents increased while other age groups have shown significant decreases. Since 1975, this age group’s pedestrian accident rate has actually grown by 77%.  Seniors ages 74 to 85 years old, however, are the most likely to be killed in a pedestrian accident.

In California, the number of seniors ages 65 years who were killed in pedestrian traffic accidents was up 4.6% in 2010 from 145 in 2009 to 150 in 2010, according to a report issued in February 2012 by the California Office for Traffic Safety.

Nationally, senior pedestrians ages 65 and older accounted for 19% (775) of all pedestrian fatalities and an estimated 8 % (5,000) of all pedestrians injured in 2009, according to the NHTSA. Yet seniors make up roughly 13% of the population, making the number of pedestrian accidents among this age group significantly high.

So why are more seniors getting injured or killed in pedestrian traffic accidents? One explanation is that many of them tend to be slower than the rest of the majority of the population. Countdown clocks at major roads allow enough time for the average adult to cross the street, but many seniors need more time to cross and impatient drivers may run them down.

“Many seniors in California are quite active and enjoy walking and getting outdoors to exercise,” said Attorney West Seegmiller, founder of the Seegmiller Law Firm. “Spending more time exercising is great, but sometimes seniors like other adults take shortcuts in unmarked crosswalks and this can be a deadly decision.”

Indeed, roughly 72% of all pedestrian accidents are killed while crossing outside of a marked intersection and 70% are killed in the nighttime, according to NHTSA.

Certainly there are risks for every pedestrian on our roadways so our drivers need to be attentive, patient and exercise caution around pedestrians – especially our seniors.

The Seegmiller Law Firm has offices in Southern California and Las Vegas, Nevada with a staff knowledgeable about all matters involving personal injury victims such as those involved in a pedestrian accident. We have offices to serve you in Orange County, San Diego County, Riverside County, San Bernardino County, the Inland Empire and throughout Southern California.

For more information check out our website theseegmillerlawfirm.com.  If you have a personal injury claim you would like to discuss call our expert attorneys call us for a free expert opinion on the matter at 1-855-ASK WEST.