NORTH COUNTY TIMES Reporters Morgan Cook and Sarah Gordon reported that 61-year-old Roger Minx of Escondido was killed as a result of a car accident that occurred on September 10, 2010 while crossing the street in his wheelchair. The fatal auto accident happened around 7:30 p.m. as Minx was struck by an unnamed motorist while crossing East Valley Parkway at Fig Street. Minx was taken to Palomar Medical Center with multiple injuries and internal bleeding. He died in the intensive care unit on Saturday according to the medical examiner’s office.
Our condolences go out to the Minx Family and friends.
Applicable California Law
California Vehicle Code 21950 requires that a motorist yield the right of way to a pedestrian crossing the street. However, the code also requires the pedestrian to exercise caution for his or her own safety. There are no facts to indicate that Minx did not use due care, which contributed to his injuries. Thus, Minx’s heirs would have a wrongful death claim against the driver and owner of the vehicle that hit him. In addition, the personal representative of his estate could pursue a “Survivor Action” for any damages not provided for by California’s Wrongful Death statute. If the driver or owner of the car does not have adequate insurance coverage, the heirs could pursue an underinsured motorist claim if Mr. Minx or a family member of his household has coverage, which is more than the total of all available policy limits for the driver or owner. The fact that Minx was a pedestrian at the time of the accident, would not preclude his heirs from pursuing a claim under his policy.
Crossing the street even under normal circumstances can be hazardous. Auto accidents and truck accidents involving pedestrians are usually caused by inattention by one, or both parties involved, and can result in serious injuries or death. Having accurate and in depth information from an experienced personal injury attorney can be very comforting to the survivors of a tragic accident.