(June 13, 2021, 5:40 a.m., updated 2;55 p.m.) -- LBPD has added issued a release adding disturbing details to last night's fatal alleged DUI in the area of Stearns St./Radnor Ave.
The deceased was a man in a wheelchair who was crossing Stearns St. in an unmarked crosswalk (not "J-walking") while pushing a shopping cart full of his belongings. [UPDATE] In a release today, LBPD: On June 12, 2021 at approximately 11:19 p.m., officers responded to a traffic collision at the intersection of Stearns Street and Radnor Avenue, which resulted in the death of a male adult. |
[LBREPORT.com NOTE: CA Vehicle Code section 21950 states: (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. CA Vehicle code 21954 states: "(a) Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard. (b) The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway." CA Vehicle code section 275 defines "Crosswalk" as either: "(a) That portion of a roadway included within the prolongation or connection of the boundary lines of sidewalks at intersections where the intersecting roadways meet at approximately right angles... CA Vehicle code section 365 deiufnes an "intersection" as the area embraced within the prolongation of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways, of two highways which join one another at approximately right angles or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict." CVC section 365 defines an "intersection" as "the area embraced within the prolongation of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways, of two highways which join one another at approximately right angles or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict." end NOTE]
[LBREPORT.com comment: Separately disturbing as a policy matter: Despite major resources funded by City taxpayers which should be offered to homeless individuals, this man appears to have chosen to live on the street. What factors led him to do this? And no, of course he did not deserve to be struck/killed by a suspected DUI driver, a separate serious matter. [end comment]
[Initial report] A pedestrian in ELB's Los Altos neighborhood was struck and killed by a suspected impaired (exact cause unclear) driver on Saturday night. LBPD Overnight Watch Commander Shaleana Benson provided preliminary information, indicating that on June 12 at about 11:20 p.m., officers responded to a vehicle versus pedestrian traffic collision in the area of Stearns St/Radnor Ave. A man (adult) appears to have been crossing the street when he was struck by a vehicle in the westbound lanes of traffic. Officers attempted lifesaving measures but the pedestrian succumbed to his injuries on scene. The driver remained on scene and "impairment appears to be a factor." The investigation is ongoing.
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