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Esperanza Gutierrez, 72, died in an East Los Angeles pedestrian accident after she was struck by a pickup truck while crossing a street intersection the morning of May 25, 2009. According to a CBS News report, Gutierrez was crossing Union Pacific Avenue at Gage Avenue when she was hit by a 1981 Chevrolet truck. California Highway Patrol officials identified the driver of the pickup as a 41-year-old Commerce man. Gutierrez was taken to an area hospital where she was pronounced dead. The driver was questioned and released. No charges have been filed pending an investigation.
I offer my deepest condolences to the pedestrian accident victim's family and friends of Esperanza Gutierrez for their tragic and heartbreaking loss. My heart goes out to everyone who knew and loved this woman. Please keep them in your prayers.
According to California Highway Patrol's 2007 traffic accident statistics, there were 90 fatalities and 2,690 personal injuries reported as a result of Los Angeles pedestrian accidents. In Los Angeles County, in 2007, 210 fatalities and 5,095 injuries were reported as a result of pedestrian accidents.
This newspaper report does not say whether Esperanza Gutierrez was crossing the street in a crosswalk. But if this account is accurate, Gutierrez was crossing at a street intersection.
California law requires motorists to stop for pedestrians at crosswalks and intersections. 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."
The family of Esperanza Gutierrez would be well advised to contact experienced Los Angeles pedestrian accident attorneys who will make sure that the facts come out in this case and the Gutierrez family's rights are protected. Skilled Los Angeles personal injury attorneys will also look into whether a dangerous roadway or intersection may have caused or contributed to this tragedy. If that is the case, the city of Los Angeles or the governmental entity responsible for maintaining that roadway could be held liable. Any claim against a California governmental agency must be properly filed within six months of the accident




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