Brad Infanger Newport Beach: Brad Infanger Killed In Newport Beach Car Accident Near Crystal Cove State Park Along East Coast Highway and Reef Point Drive
NEWPORT BEACH, CALIFORNIA (August 1, 2019) – A pedestrian identified as Brad Infanger died in a car accident after he was hit by an on-duty Crystal Cove State Park officer on East Coast Highway by Reef Point Drive.
Newport Beach police officers are saying that the accident took place around 10:00 p.m. on Tuesday. The Crystal Cove State Park officer was on-duty and hit Brad Infanger with his truck.
The driver of the truck that hit the victim remained at the scene. It remains unclear if the driver failed to see the victim before the fatal crash.
Lanes were closed in both directions for several hours. Paramedics were called in order to help Brad Infanger. Despite life-saving efforts he later died due to his injuries after being hit by the Crystal Cove State Park officer’s truck.
A representative for the California State Parks declined to comment at this time citing an ongoing investigation.
Truck Accident Statistics
“The National Highway Traffic Safety Administration has developed a list of driver behaviors as factors in fatal crashes. Speeding is at the top of the list of related factors for drivers involved in fatal crashes. In 2017, 8,856 drivers who were involved in fatal crashes (or almost 17 percent) were speeding,” according to one report from the Insurance Information Institute. Trucks can be especially difficult to maneuver due to their size. For example, even smaller trucks tend to have large blind spots that can make an SUV disappear.
Blind spots can be particularly dangerous for pedestrians especially as drivers are making turns. Accidents tend to happen in the early morning hours and between 6:00 p.m. to 10:00 p.m. Truck drivers should remain especially vigilant during this time. Depending on the facts of any case, there may be numerous sources of liability for a truck accident.
Liability For Truck Accidents
All drivers have a legal responsibility to operate their vehicles in a reasonably safe manner and take steps to avoid hitting pedestrians. This is true even if a pedestrian is outside of a legally marked crosswalk. According to California Vehicle Code 21950 (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.”
If the driver of a truck that hit a pedestrian was working at the time of an accident the company, city or state that they work for may be liable through the doctrine of respondeat superior. Under the doctrine of respondeat superior an employer or principal is responsible for the negligent conduct of their employees insofar as those employees are working within the course and scope of their job duties. Even if pedestrian was partially at fault for an accident this may not eliminate the possibility of a civil claim.
California resolves personal injury matters through a standard of comparative negligence. According to the Judicial Council of California Civil Jury Instructions, a plaintiff is able to recover damages through a civil claim even if they are 99% at fault. The defendant needs to be at least 1% at fault. Determining liability in a pedestrian accident can be difficult. It’s important that evidence is preserved and that witness testimony is collected. The value of a claim is reduced proportionally with the percentage that a plaintiff is deemed to be at fault.
The family of any victim that is killed in a pedestrian accident may have legal recourse through California Code of Civil Procedure 377.60. Potential claimants in a civil matter may include a victim’s spouse, parents, siblings or children. Damages can help cover lost wages, medical bills, funeral expenses and pain and suffering. Unfortunately, police officials often fight hard to deny liability after an accident. A wrongful death attorney can examine all of the facts of your case free of cost and get to the bottom of what happened.
Investigating A Car Accident
We at West Coast Trial Lawyers extend our deepest condolences to the family of Brad Infanger as they are going through such a difficult time. Unfortunately, accidents like this one near Crystal Cove State Park have become far too common. For the most part many pedestrian accidents are completely preventable. This is an absolute tragedy that should not have taken place. Any person that may have seen what happened should reach out to police for the sake of all of those involved.
Have you or someone that you care about been injured in a pedestrian accident? There are a number of laws designed to protect your rights. Our team of personal injury attorneys are here to answer any questions that you may have. We have an extensive knowledge of personal injury law and care deeply that negligent drivers are held to account for their actions. Whether you need a free police report after an accident or just have questions about the law we are here for you. You can reach out to us anytime at (888) 888-9285.