Modesto, CA, November 10 – A 9-year-old child was injured on Monday evening after being struck by a vehicle in Modesto, according to the Modesto Police Department. The child was taken to a hospital, and the injuries were not believed to be critical, according to the department’s report. The driver remained at the scene afterward. The Modesto Police Department is investigating the collision, and several details have not yet been released.
Modesto Child Struck by Vehicle Near West Roseburg and Amherst Avenues
Around 6:15 p.m. on November 9, a vehicle struck a 9-year-old child at the intersection of West Roseburg Avenue and Amherst Avenue in Modesto, according to the Modesto Police Department. Preliminary reports indicate the child was attempting to walk across the roadway when the collision occurred. The department has not released additional information about how the crash happened.
According to the Modesto Police Department, the driver remained at the scene after the collision and reportedly cooperated with responding investigators. The department has not reported any citation or arrest in connection with the collision, and the driver has not been identified. The investigation into the circumstances of the incident remains ongoing, according to the department.
Several details about the collision remain unknown. The Modesto Police Department has not disclosed the exact cause of the collision beyond the preliminary report that the child was crossing the roadway, nor has it released the child’s identity. It is not clear when the investigation is expected to conclude. Those details may be released as the Modesto Police Department’s investigation continues.
What California law requires of drivers around pedestrians
Vehicle Code section 21950 requires a driver to yield the right of way to a pedestrian crossing within any marked crosswalk, or within an unmarked crosswalk at an intersection. Subdivision (b) is the one people misread: a pedestrian may walk or run, and doing either does not forfeit the right of way.
Subdivision (c) puts a separate duty on the driver. A driver approaching a pedestrian in any crosswalk must exercise all due care and reduce the speed of the vehicle. That duty applies whether or not the pedestrian had the right of way, and subdivision (d) preserves it: nothing in the section relieves a driver of the duty to use due care for the safety of any pedestrian in the roadway.
The deadline that applies to a claim like this one
Code of Civil Procedure section 335.1 gives two years for an action for injury to, or for the death of, an individual caused by the wrongful act or neglect of another. The same two years covers an injury claim and a death claim; there is no separate, shorter period because someone died.
Talking to someone about it
Culver Legal represents people injured in collisions across California. A conversation about what happened costs nothing, and we work on a contingency fee, which means there is no fee unless we win. If we do not win, we do not pass the case costs on to you either.
Nothing on this page is legal advice about any particular case, and the facts of a reported collision often change as the investigation continues.
