“The UT San Diego reported on January 3, 2013, the death of a 29 year old photographer who was tracking a Ferrari sports car he believed was being driven by celebrity Justin Bieber when he was struck by another vehicle as he was crossing the street in Los Angeles. According to the article, a CHP Officer who had stopped the driver of the Ferrari, who was a friend of Bieber, for speeding tried to warn the Paparazzo since there were no crossings or side-walks at the particular location to put on notice anyone that a pedestrian might try to dart across the street.
While the 69 year old woman who was driving the vehicle that killed the photographer might not have been cited by the officer for driving at an unsafe speed, there may be sufficient facts, such as the time of the day and lighting, to serve as a basis for liability under the circumstances. Often a skilled personal injury lawyer can establish a particular road was unsafe and bring a claim against the municipality or governmental agency responsible for the condition and maintenance. In addition, a wrongful death case can also be made against a driver who is deemed negligent because she was not driving safely given the facts and circumstances and/or the driver lacked sufficient peripheral and/or night vision. An example of the visual elements would be a driver who is not sufficiently competent and/or is unable or simply fails to react to a hazard coming from the driver’s far left or far right, such as the instant case in which the Paparazzo was darting from one side of the street to the other.”