William (Bill) Hester McClellan Park: William Hester Killed In McClellan Park Hit-And-Run Car Accident By Palm Street and Arnold Avenue
MCCELLAN PARK, CALIFORNIA (October 3,2018) – A 73-year-old Vietnam veteran identified as William Hester is being hailed as a hero after he died saving his wife Deborah Hester from a car accident at the intersection of Palm Street and Arnold Avenue.
McClellan Park officials are saying that the accident took place around 9:00 a.m. William Hester was walking with his wife Deborah Hester on their way to a dentist appointment.
A pickup truck was driving towards the couple and William Hester was able to push his wife out of the way before she was hit. The driver of the silver Toyota Tacoma fled the scene after the accident and is currently being pursued by police.
Paramedics were called to the scene in order to help William Hester. Despite life-saving measures he later died due to his injuries. The intersection where the accident took place had a history of crashes.
According to data released by the CHP there have been a total of 8 accidents at the intersection of Palm Street and Arnold Avenue. Five accidents at the intersection have resulted in injuries in the past four years alone.
Sacramento County Transportation told reporters that they will be looking into measures that could be done to make the intersection safer. The victim’s son Bill Hester Jr. is asking the driver that caused the accident to turn them-self in.
Liability For McClellan Park Pedestrian Accidents
All drivers have a legal responsibility to operate their vehicles in a reasonably safe manner and to be cautious around pedestrians even when they are outside of lawfully marked crosswalks. 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.”
It is a felony to flee the scene of an accident that causes bodily injury or death. According to California Vehicle Code 20001, “The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.” Drivers that flee the scene of an accident may face fines, imprisonment or both. Hit-and-run drivers may also face civil liability for an accident. But liability for a pedestrian accident may extend beyond a driver.
Cities have a legal responsibility to design, construct and maintain roads that are in a reasonably safe condition. A city could be liable for a pedestrian accident if it was caused by a dangerous condition on public property. According to California Civil Code 835, “Except as provided by statute, a public entity is liable for injury caused by a dangerous condition of its property if the plaintiff establishes that the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition.”
An intersection may lack traffic signs, stop signs, crosswalks or other measures that could help prevent accidents. When there are a history of accidents at a particular location a city must take notice and take measures to correct the problem. If a city fails to take action to fix a dangerous condition after they have been given constructive notice of a problem they could be held liable through a municipal negligence claim.
The family of any victim that died in a pedestrian accident may be able to seek justice through California Code of Civil Procedure 377.60. Damages in a civil claim can help cover funeral expenses, lost wages, medical bills and pain and suffering. Road design defect claims can be extraordinarily complex. It’s important that evidence is properly collected and reserved. A pedestrian accident attorney can examine all of the facts of your case and let you know what your legal rights are.
Investigating A McClellan Park Pedestrian Accident
We at West Coast Trial Lawyers extend our deepest condolences to the family of William Hester. Any person that may have seen the accident or has knowledge about what happened should reach out to the Sacramento County police department at (916) 874-5476. What happened is completely unacceptable on so many levels. There have already been many accidents at this intersection. City officials need to take action and implement measures on this street to help make it safer.
If you or someone that you care about has been involved in a hit-and-run accident there are a number of laws designed to protect your rights including Prop 213. Our team of personal injury attorneys are here to answer any legal questions that you may have. We are committed to making sure that accident victims are aware of their rights so that they can make informed decisions. Whether you just have questions about the law or need a free, independent investigation into an accident we can get you the answers that you deserve. You’re always welcome to reach out to us anytime at (888) 888-9285.