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A teenager has been arrested in connection with a hit-and-run Long Beach car accident that nearly killed prominent defense lawyer, 60-year-old Lynda Vitale, the night of December 15, 2009. According to The Press Telegram, Vitale was walking her dog and crossing the intersection of 36th Street and Myrtle Avenue when a vehicle hit her. Vitale was about half way through the unmarked crosswalk at the intersection, when she was hit so violently and suddenly that she had no idea what hit her, officials say. Vitale was thrown onto the hood of the vehicle and dragged several feet.
But the driver did not stop or even pause for an instant. She suffered a number of serious injuries and her daughter says she is "broken from the shoulder down." Police arrested the 19-year-old hit-and-run suspect after a relative of the victim noticed the man driving a car matching the suspect vehicle's description and reported it to the police.
Tragic Hit-and-Run
My heart goes out to Lynda Vitale and her family for what they have been through and continue to endure as a result of this horrific pedestrian accident. This family will certainly be in my thoughts and prayers. This story is also a source of optimism for hit-and-run victims and their families, who wait to get this sense of closure. This story proves that if you leave the scene of an accident, there are ways to track you down and hold you accountable.
Leaving the scene of an accident is a serious crime under California law. According to California Vehicle Code section 20001: "The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident."
Right-of-Way and Liability Issues
In this particular case, I hope the hit-and-run suspect is prosecuted to the fullest extent of the law and made to pay for his actions, if determined at-fault and guilty of hit-and-run. This driver also seems to have committed a traffic violation by failing to yield right-of-way to a pedestrian in a crosswalk.
Vitale's family would be well-advised to retain the services of an experienced Long Beach personal injury lawyer, who will make sure that this individual is held civilly responsible for his actions. A skilled car accident lawyer will also look into whether there was a dangerous condition on the roadway, which caused or contributed to this accident. If that was the case, the city or governmental agency responsible for maintaining the roadway could be held liable as well. Please remember that any claim against a California governmental agency must be filed within 180 days of the accident or injury.




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