NORTH COUNTY TIMES Morgan Cook and Sarah Gordon reported that Roger Minx, 61, of Escondido was fatally injured while crossing the street in his wheelchair as a result of being struck by a car on September 10, 2010 . The tragic auto accident occurred at around 7:30 p.m. while Minx was crossing East Valley Parkway at Fig Street and was struck by an unnamed motorist. Minx was transported to Palomar Medical Center with serious injuries and internal bleeding. According to the medical examiner’s office, Minx passed away while in the intensive care unit.
Our deepest sympathy goes out to the Minx family and friends.
Applicable California Law
California Vehicle Code 21950 mandates that the driver of a vehicle yield to a pedestrian crossing the street and that the pedestrian exercise caution for his or her own safety while doing so. There are no facts to indicate that Minx did anything, which contributed to his injuries and his death. The driver and registered owner of the vehicle that struck Minx will face civil claims for his wrongful death and a “Survivor Action.” Minx’s heirs would have a wrongful death claim and his estate’s legal representative can pursue a “Survivor Action” for those damages not covered by the Wrongful Death statute ( see my prior Blog post Dangerous Road Contributes to Death Of Teen for California’s Wrongful Death Law) . If the responsible parties do not have adequate insurance coverage and or other assets , the heirs could pursue an underinsured motorist claim if Minx has the benefit of such coverage. Even as a pedestrian Minx would have the benefit of the coverage under any automobile insurance he or potentially other relatives living with him carry.
Crossing the street can be dangerous, particularly for pedestrians less visible such as those in wheelchairs . Auto accidents and truck accidents involving pedestrians are usually caused by inattention by those involved, and in many instances result in serious injuries or death. Having the benefit of advice from an experienced personal injury attorney can help to get justice for the survivors of a tragic accident.