Theodore McElligatt, 79, was killed in a Los Angeles car accident the morning of August 3, 2010. According to a news report in The San Gabriel Valley Tribune, the fatal pedestrian accident occurred at the intersection of Bennett and Vista Bonita avenues. McElligatt was walking across the street when a Toyota Corolla struck him. He suffered severe leg and head injuries and was transported to an area hospital. He died a few hours later. The accident is under investigation and the female driver of the Corolla has not yet been charged.


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My deepest condolences go out to the family of Theodore McElligatt. My thoughts and prayers are with everyone who knew and loved this man.

Pedestrian Accident Statistics

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS) one fatality and 13 injuries were reported as a result of pedestrian accidents in Glendora. In Los Angeles County as a whole 214 people died and 4,985 were injured due to pedestrian accidents during the same year.

Crosswalk Law

Based on this news report McElligatt was walking at a street intersection. California Vehicle Code section 21950 states: "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." The same section also states that 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 a vehicle or take any other action relating to the operating of the vehicle as necessary to safeguard the safety of the pedestrian."

Liability Issues

If the driver is determined to have been at fault in this case, then, she could be held liable for McElligatt's wrongful death. I trust investigators are also looking into whether the driver was under the influence, distracted, speeding or otherwise negligent at the time of the incident. Families of deceased victims in such cases would be well-advised to contact an experienced Los Angeles personal injury lawyer, who will stay abreast of the official investigation and make sure that the negligent parties are held accountable.

Are there any intersections in your neighborhood that are unsafe for pedestrians?

The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

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