2-year-old Adrian Toscano of Oxnard was struck and killed in a severe pedestrian crash that took place on March 21 around 11 a.m. near C and Seventh streets. According to Ventura County Medical Examiner’s Office, the boy was hit by a pickup driven by 65-year-old Larry Fryar.
A preliminary investigation determined that the pickup was traveling east on Seventh when the boy ran into the street in front of the pickup. The driver could not stop in time to avoid hitting the toddler. Toscano sustained injuries to his body and head and was immediately transported to Ventura County Medical Center, where he was later pronounced dead.
Based upon a reading of Section 21950, it is quite possible that both the driver and pedestrian may be responsible for this deadly pedestrian accident. Further, because the pedestrian may not be 100% at fault and the driver 100% fault-free under their responsibilities set forth by California law, the family of the pedestrian may still be able to recover damages for the loss of their loved one in this accident. Of course, any recovery would be diminished by the pedestrian’s own carelessness and fault for causing the accident.
At this time, the victim’s family members should immediately seek counsel from an experienced Ventura County pedestrian accident lawyer who would educate them about their legal rights.
The toddler’s family members may file a wrongful death claim against the at-fault motorist to obtain compensation to cover funeral and burial costs, and other related damages.
Our law office sends sincere condolences to the victim’s family members.
Ross Jurewitz represents people injured in Ventura County pedestrian accidents and is the managing lawyer of the Jurewitz Law Group, a California personal injury law firm dedicated to representing families of people injured or killed in car accidents. If you or a loved one has been killed or injured in a car accident in Oxnard due to a negligent driver, please order your free copy of The Ultimate California Car Accident Book. It is full of helpful information that will help you protect your legal rights and it is free to all California residents.
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