Pedestrian Killed by Pickup Truck on State Route 18 in Lucerne Valley

Under California Vehicle Code 21954, a pedestrian crossing a roadway outside of a marked or unmarked crosswalk must yield the right-of-way to oncoming vehicles that pose an immediate hazard. However, the same statute makes clear that this duty does not relieve a driver of the separate obligation to exercise due care for the safety of any pedestrian in the roadway. In a case like this one, investigators will look at both the pedestrian’s actions and whether the driver was traveling at a safe speed and keeping a proper lookout. California follows a pure comparative negligence rule, so fault, and any resulting compensation, can be divided between the parties based on the evidence.

When a pedestrian is killed in a crash like this one, California Code of Civil Procedure 377.60 allows certain surviving family members, including a spouse, domestic partner, or children, to bring a wrongful death claim against the at-fault party. The claim can seek compensation for the family’s financial losses, loss of companionship, and funeral and burial expenses. These civil claims are separate from any investigation the CHP may conduct and are decided under California’s civil liability standards. Families typically have two years from the date of death to file this type of claim.