A tragic pedestrian accident in northwest Fresno has left a 34-year-old man dead after he was struck by an SUV while walking in the roadway late Tuesday night. The collision occurred shortly after 11:00 PM at the intersection of Herndon and Polk Avenues, marking another somber reminder of the dangers pedestrians face on Fresno’s busy roadways.
Details of the Herndon Avenue Pedestrian Accident
According to the Fresno Police Department, the fatal incident unfolded when a 34-year-old pedestrian was walking in the middle of westbound Herndon Avenue. A large SUV traveling west on Herndon struck the man, causing severe injuries that would ultimately prove fatal.
Emergency responders quickly arrived at the scene and transported the victim to a local hospital. Despite medical intervention, the pedestrian succumbed to his injuries and was pronounced dead at the hospital.
The driver of the SUV remained at the scene following the collision and has been fully cooperative with the police investigation. Authorities have confirmed that neither drugs nor alcohol was a contributing factor in this crash. Based on preliminary findings, police investigators believe the pedestrian may be at fault due to walking in the roadway rather than using designated pedestrian facilities.
Understanding Pedestrian Right-of-Way Laws in California
California law establishes clear rules regarding where pedestrians should walk and when they have the right of way. Under California Vehicle Code Section 21954, pedestrians are generally prohibited from walking in the roadway when a sidewalk is available. When pedestrians do enter the roadway outside of marked crosswalks, they must yield the right-of-way to vehicles.
However, even when a pedestrian violates traffic laws, drivers still have a duty to exercise reasonable care to avoid colliding with pedestrians. California follows a comparative negligence system, meaning that fault can be shared between parties based on their respective contributions to an accident.
In cases like this, Herndon Avenue collision, investigators will examine multiple factors, including:
- Whether adequate sidewalks or pedestrian pathways were available
- The lighting conditions at the time of the accident
- The driver’s speed and attentiveness
- Whether the driver could have taken evasive action
- The pedestrian’s visibility and predictability
- Any contributing environmental factors
Even if preliminary reports suggest the pedestrian was at fault, a thorough investigation is necessary to determine all contributing factors and establish complete liability.
The Dangers of Walking on Fresno Roadways After Dark
Nighttime pedestrian accidents represent a disproportionate share of fatal collisions. According to the National Highway Traffic Safety Administration, approximately 76% of pedestrian fatalities occur in dark conditions, despite significantly less pedestrian activity during these hours.
Several factors make nighttime walking particularly hazardous:
Reduced Visibility: Both drivers and pedestrians have decreased ability to see and be seen after dark. Pedestrians wearing dark clothing become nearly invisible to drivers, especially on poorly lit roadways.
Higher Vehicle Speeds: Drivers often travel faster during off-peak hours when traffic is lighter, which can reduce their reaction time if a pedestrian unexpectedly enters the roadway.
Impaired Judgment: Late-night hours see higher rates of impaired driving and walking, though this was not a factor in this particular Herndon Avenue incident.
Inadequate Infrastructure: Many Fresno roadways lack adequate lighting, clear sidewalks, or safe crossing points, forcing pedestrians into dangerous situations.
Herndon Avenue, a major east-west thoroughfare in Fresno, carries substantial traffic volumes even during late evening hours. The roadway’s multiple lanes and higher speed limits make it particularly dangerous for pedestrians attempting to cross or walk along the roadway.
Legal Rights After a Pedestrian Accident in Fresno
When a pedestrian is killed in a traffic accident, their family members may have legal rights to pursue compensation through a wrongful death claim. These claims can provide financial recovery for:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of the deceased’s future income and financial support
- Loss of companionship, guidance, and emotional support
- Pain and suffering experienced by surviving family members
Even in cases where the pedestrian may have contributed to the accident by violating traffic laws, families should not automatically assume they have no legal recourse. California’s comparative negligence system allows for recovery even when the victim shares some fault, with compensation reduced proportionally to their degree of responsibility.
For example, if a pedestrian is found 60% at fault for walking in the roadway, but the driver is found 40% at fault for speeding or failing to maintain proper lookout, the family could still recover 40% of their total damages.
An experienced pedestrian accident attorney can investigate all aspects of the collision, including:
- Road design and maintenance issues that may have contributed
- Visibility and lighting conditions
- Driver behavior and attentiveness
- Vehicle maintenance and equipment function
- Availability of safe pedestrian infrastructure
- Municipal responsibility for pedestrian safety
These investigations often reveal contributing factors that are not apparent in initial police reports.
Common Causes of Pedestrian Accidents in Fresno
Fresno’s pedestrian accident statistics reflect national trends showing that pedestrian fatalities have been rising in recent years. Several factors contribute to these collisions:
Distracted Driving: Drivers using smartphones, eating, or otherwise diverted from the road may fail to notice pedestrians until it’s too late.
Failure to Yield: Even at marked crosswalks, drivers frequently fail to yield the right of way to pedestrians as required by law.
Poor Road Design: Many Fresno streets were designed primarily for vehicle traffic with insufficient consideration for pedestrian safety, creating hazardous conditions for those on foot.
Inadequate Lighting: Poor street lighting makes it difficult for drivers to see pedestrians, particularly those wearing dark clothing.
Speeding: Higher vehicle speeds significantly reduce a driver’s ability to stop in time and increase the severity of injuries in the event of a collision.
Jaywalking and Unsafe Pedestrian Behavior: Pedestrians who cross outside of crosswalks or walk in roadways substantially increase their collision risk.
Left-Turn Collisions: Drivers making left turns often focus on oncoming traffic and may fail to notice pedestrians in the crosswalk.
Insufficient Pedestrian Infrastructure: Fresno’s rapid growth and sprawling urban design have created numerous areas where pedestrian infrastructure is inadequate or entirely absent. Many neighborhoods lack continuous sidewalks, forcing pedestrians to walk in the street alongside vehicle traffic.
Wide, multi-lane arterials like Herndon Avenue prioritize vehicle throughput over pedestrian safety, with limited safe crossing opportunities and long distances between traffic signals. The absence of pedestrian refuge islands means those attempting to cross wide roadways must navigate multiple lanes of traffic in a single crossing phase, increasing exposure to potential collisions.
Additionally, poorly maintained sidewalks with cracks, gaps, or obstructions push pedestrians into the roadway where they become vulnerable to passing vehicles. These infrastructure deficiencies disproportionately affect low-income neighborhoods and communities of color, where investment in pedestrian amenities has historically lagged behind more affluent areas.
When municipalities fail to provide safe pedestrian facilities, they may share liability for accidents that result from pedestrians having no reasonable alternative but to walk in dangerous conditions.
This Herndon Avenue accident appears to involve a pedestrian walking in the roadway rather than using available pedestrian facilities. However, even in such circumstances, a complete investigation should examine whether road design, lighting, or other factors may have contributed to this tragedy.
How GJEL Accident Attorneys Can Help Pedestrian Accident Victims
GJEL Accident Attorneys has represented Northern California accident victims for over four decades, securing more than $1 billion in compensation for injured clients and bereaved families. Our team understands the devastating impact pedestrian accidents have on families and communities.
When you work with GJEL, you benefit from:
Thorough Investigation: We conduct comprehensive investigations that go beyond initial police reports, often uncovering additional factors that contributed to the accident and identifying all potentially liable parties.
Expert Resources: We work with accident reconstruction specialists, medical experts, and other professionals who can provide crucial testimony supporting your claim.
Proven Track Record: Our attorneys have secured numerous multi-million dollar settlements and verdicts in pedestrian accident cases throughout California.
Personalized Attention: We limit our caseload to ensure each client receives the dedicated attention their case deserves.
No Upfront Costs: We handle all pedestrian accident cases on a contingency fee basis, meaning you pay no attorney fees unless we secure compensation for you.
Managing partner Andy Gillin, who has been recognized as one of California’s top personal injury attorneys, emphasizes the importance of protecting pedestrian accident victims’ rights: “Every pedestrian fatality represents an irreplaceable loss to a family and community. Even when initial reports suggest a pedestrian may have violated traffic laws, families deserve a thorough investigation to understand all the factors that contributed to their loved one’s death. Road design, lighting conditions, driver behavior, and other elements often play significant roles that aren’t immediately apparent.”
The Importance of Prompt Legal Action
California law imposes strict deadlines for filing personal injury and wrongful death claims. For wrongful death claims arising from traffic accidents, families generally have two years from the date of death to file a lawsuit. However, waiting until this deadline approaches can significantly harm your case.
Evidence degrades over time, witness memories fade, and essential documentation can be lost or destroyed. Physical evidence at the accident scene may be altered or destroyed through road repairs or adverse weather conditions. Video footage from nearby businesses is often recorded over after days or weeks.
By consulting with an experienced pedestrian accident attorney promptly after a collision, you ensure that:
- Critical evidence is preserved before it’s lost
- Witnesses are interviewed while memories are fresh
- The accident scene is documented in its current condition
- Your legal rights are protected from the outset
- Insurance companies cannot take advantage of your unfamiliarity with the claims process
Additionally, families grieving the loss of a loved one often find themselves overwhelmed by practical and financial concerns. Medical bills, funeral expenses, and loss of the deceased’s income create immediate financial pressure. An attorney can help accelerate the claims process and potentially secure interim financial relief while your case proceeds.
Preventing Future Pedestrian Accidents in Fresno
While this article focuses on legal rights following accidents, preventing future tragedies remains paramount. Both pedestrians and drivers share responsibility for safety on Fresno’s roadways.
For Pedestrians:
- Always use sidewalks when available; never walk in the roadway
- Cross only at marked crosswalks or intersections
- Make eye contact with drivers before crossing
- Wear bright or reflective clothing when walking after dark
- Avoid distractions like smartphones while walking
- Never assume drivers see you; make yourself visible
For Drivers:
- Remain vigilant for pedestrians, especially in residential areas and near intersections
- Reduce speed in areas with pedestrian activity
- Never drive distracted or impaired
- Yield to pedestrians in crosswalks
- Exercise extra caution during dark hours
- Be exceptionally watchful when making turns
Municipal authorities also bear responsibility for creating safer pedestrian infrastructure through improved lighting, clearly marked crosswalks, pedestrian refuge islands, reduced speed limits in high-pedestrian areas, and better enforcement of traffic laws.
Moving Forward After a Pedestrian Fatality
The loss of a family member in a pedestrian accident creates profound grief that no legal settlement can truly address. However, pursuing a wrongful death claim serves important purposes beyond financial compensation. It holds negligent parties accountable, provides answers about what happened and why, and can lead to changes that prevent similar tragedies.
If your family has lost a loved one in a Fresno pedestrian accident, GJEL Accident Attorneys offers compassionate, experienced legal representation to help you navigate this difficult time. We handle all aspects of your claim, allowing you to focus on healing and supporting one another.
Our Fresno pedestrian accident lawyers are available for a free, confidential consultation to discuss your situation and explain your legal options. We’ll review the circumstances of the accident, answer your questions about the legal process, and provide honest guidance about the strength of your potential claim.
Remember, you pay nothing unless we successfully recover compensation on your behalf. This contingency fee arrangement ensures that financial concerns don’t prevent families from accessing experienced legal representation when they need it most.
Understanding Pedestrian Accident Settlement Values
Determining the potential value of a pedestrian accident claim involves careful analysis of numerous factors that vary significantly from case to case. While no calculator can provide a precise settlement figure, understanding how compensation is calculated helps families set realistic expectations during the legal process. Pedestrian accident settlements typically include economic damages such as medical expenses (both past and future), lost wages, loss of earning capacity, and funeral costs in wrongful death cases.
Non-economic damages account for pain and suffering, emotional distress, loss of companionship, and diminished quality of life. In fatal pedestrian accidents like this Herndon Avenue tragedy, wrongful death damages also compensate for the loss of the deceased’s guidance, protection, and support to surviving family members.
The severity of injuries, degree of fault attributed to each party, quality of available evidence, and the victim’s age and income all significantly impact settlement values. California’s comparative negligence system means that even if a pedestrian shares some fault—such as walking in the roadway—families can still recover damages reduced proportionally to the pedestrian’s percentage of responsibility. For example, if total damages equal $1 million but the pedestrian is found 40% at fault, the family could recover $600,000.
An experienced pedestrian accident attorney evaluates these complex factors, reviews similar case outcomes, and consults with medical and economic experts to establish a comprehensive claim value that accounts for both immediate losses and long-term impacts on the family’s financial security and wellbeing. Call us now at +1-866-218-3776 to speak with our experts.
Take Action Today – Get the Help You Deserve
“Losing a loved one in a pedestrian accident is devastating, and families often struggle with both grief and confusion about what happened. Even when initial reports suggest the pedestrian may have been at fault for walking in the roadway, I encourage families not to accept that conclusion without a thorough investigation. We’ve seen countless cases where poor lighting, inadequate sidewalks, road design flaws, or other factors contributed significantly to these tragedies. Every family deserves answers and a complete understanding of what led to their loved one’s death. At GJEL, we conduct comprehensive investigations that often reveal crucial details missed in preliminary police reports. Remember, you have rights under California law, and our contingency fee structure means you’ll never pay attorney fees unless we successfully recover compensation for your family. During this painful time, let us handle the legal complexities while you focus on healing and honoring your loved one’s memory.” — Andy Gillin, GJEL Accident Attorneys
If you’ve lost a loved one in a Fresno pedestrian accident, you shouldn’t have to worry about how to afford quality legal representation during this devastating time. GJEL Accident Attorneys works exclusively on a contingency fee basis, which means you pay absolutely nothing unless we successfully recover compensation for your family.
There are no upfront costs, no hourly fees, and no out-of-pocket expenses while we investigate your case and fight for justice. Don’t face the insurance companies alone. Let our proven track record of success work for you during this challenging time. cover all costs associated with building your claim—from hiring expert witnesses to conducting thorough accident investigations—and only receive payment if we win your case.
This no-win-no-fee guarantee ensures that every family, regardless of financial circumstances, can access the experienced legal representation they need to hold negligent parties accountable. Don’t let concerns about legal costs prevent you from seeking answers and pursuing the compensation your family deserves.
Contact GJEL Accident Attorneys today for a free, confidential consultation. Our compassionate legal team is ready to listen to your story, answer your questions, and explain your legal options with no obligation whatsoever. Call us at +1-866-218-3776 or visit our Orinda office to schedule your consultation. Remember, California has time limits for filing a claim, so acting promptly is crucial.
At GJEL Accident Attorneys, we’re more than just lawyers – your advocates, support system, and path to justice. Let us help you take the first step towards recovery and peace of mind. Call us now to talk to the experts!
Local Fresno Resources for Pedestrian Accident Victims and Families
Navigating the aftermath of a pedestrian accident requires support from various local agencies and organizations. The following resources can provide assistance, information, and support to victims and their families in Fresno:
Fresno Police Department The Fresno Police Department investigates traffic accidents within city limits and maintains official accident reports that are crucial for insurance claims and legal cases.
- Address: 2323 Mariposa Street, Fresno, CA 93721
- Non-Emergency Line: (559) 621-7000
- Traffic Division: (559) 621-2430
- Online Accident Reports: https://www.fresno.gov/police/
- Hours: Monday-Friday, 8:00 AM – 5:00 PM
California Highway Patrol (CHP) – Fresno Area Office CHP investigates accidents on state highways and can provide accident reports for collisions occurring on their jurisdiction.
- Address: 5770 N. Blythe Avenue, Fresno, CA 93722
- Phone: (559) 262-0400
- Online Report Requests: https://www.chp.ca.gov/
- Hours: 24/7 for emergencies; office hours Monday-Friday, 8:00 AM – 5:00 PM
Fresno County Department of Public Health Provides victim services and can connect families with grief counseling and support resources.
- Address: 1221 Fulton Street, Fresno, CA 93721
- Phone: (559) 600-3200
- Website: https://www.co.fresno.ca.us/departments/public-health
- Hours: Monday-Friday, 8:00 AM – 5:00 PM
Community Regional Medical Center The region’s primary Level I Trauma Center where serious pedestrian accident victims are often transported.
- Address: 2823 Fresno Street, Fresno, CA 93721
- Main Phone: (559) 459-6000
- Emergency Department: Available 24/7
- Website: https://www.communitymedical.org/
Saint Agnes Medical Center Another major hospital serving Fresno accident victims with comprehensive emergency services.
- Address: 1303 E. Herndon Avenue, Fresno, CA 93720
- Main Phone: (559) 450-3000
- Emergency Department: Available 24/7
- Website: https://www.samc.com/
Marjaree Mason Center Provides crisis intervention and victim support services, including assistance for families affected by traumatic events.
- 24-Hour Crisis Line: (559) 233-4357
- Administrative Office: (559) 233-4479
- Address: 1600 M Street, Fresno, CA 93721
- Website: https://www.mmcenterfresno.org/
- Services: Available 24/7
Fresno County Coroner’s Office Handles death investigations and can provide information to families of deceased accident victims.
- Address: 2655 W. Dayton Avenue, Fresno, CA 93711
- Phone: (559) 600-3400
- Hours: Monday-Friday, 8:00 AM – 4:00 PM
- After-hours: Contact through Fresno Police Department dispatch
California Department of Motor Vehicles (DMV) – Fresno Office Can provide driver records and vehicle information relevant to accident investigations.
- Address: 2404 Tulare Street, Fresno, CA 93721
- Phone: 1-800-777-0133
- Website: https://www.dmv.ca.gov/
- Hours: Vary by location; check website for current hours and appointment availability
Fresno Council of Governments (Fresno COG) The regional transportation planning agency that addresses pedestrian safety issues and infrastructure improvements.
- Address: 2035 Tulare Street, Suite 201, Fresno, CA 93721
- Phone: (559) 233-4148
- Website: https://www.fresnocog.org/
- Hours: Monday-Friday, 8:00 AM – 5:00 PM
Walk Fresno A local advocacy organization working to improve pedestrian safety and infrastructure throughout Fresno.
- Website: https://www.walkfresno.org/
- Email: Contact through website
- Services: Community education, safety advocacy, and pedestrian infrastructure improvements
California Victim Compensation Board Provides financial assistance to victims of violent crimes, which may include some hit-and-run pedestrian accidents.
- Toll-Free: 1-800-777-9229
- Website: https://victims.ca.gov/
- Services: Compensation for medical expenses, lost wages, funeral costs, and mental health treatment
- Applications can be submitted online or by mail
Fresno County Public Library – Legal Resources Offers free access to legal research databases and self-help legal resources.
- Main Library: 2420 Mariposa Street, Fresno, CA 93721
- Phone: (559) 600-7323
- Website: https://www.fresnolibrary.org/
- Hours: Vary by location; check website for current hours
Social Security Administration – Fresno Office Families of deceased workers may be eligible for survivor benefits.
- Address: 1165 Fulton Mall, Fresno, CA 93721
- Phone: 1-800-772-1213
- Website: https://www.ssa.gov/
- Hours: Monday-Friday, 9:00 AM – 4:00 PM (by appointment)
211 Fresno County A comprehensive information and referral service connecting residents to community resources, including counseling, financial assistance, and support services.
- Phone: Dial 211 or (559) 600-4357
- Website: https://www.211fresnocounty.org/
- Services: Available 24/7 in multiple languages
These resources can provide vital assistance as you navigate the complex aftermath of a pedestrian accident. However, they cannot replace the personalized legal guidance an experienced pedestrian accident attorney provides. GJEL Accident Attorneys can help coordinate with these agencies, obtain necessary documentation, and ensure your family’s rights are fully protected throughout the process.
