(Burlingame, CA) One child died and another sustained injuries following a Donnelly Avenue collision in front of a restaurant in Burlingame.

On Friday, August 8, at about 6:35 p.m., the Donnelly Avenue collision occurred. According to Burlingame police, it happened at Truffle Poke Bar, located at 1212 Donnelly Avenue.

When police investigated, they learned a 19-year-old man drove on Donnelly Avenue. All of a sudden, the driver struck two children on the sidewalk. By the time first responders arrived at the Donnelly Avenue collision site, they pronounced a 4-year-old boy dead at the scene. 

Paramedics transported the 6-year-old girl to a hospital for further treatment. The driver remained at the scene, cooperating with investigators. The Burlington Police Department, alongside the North County Major Accident Investigation Team, are investigating the incident.

Legal Opinion of the Donnelly Avenue Collision

The crash on Donnelly Avenue raises serious legal concerns under California law. Driving onto a sidewalk and striking pedestrians violates California Vehicle Code 21950, which requires drivers to yield to pedestrians. VEH 21709 also prohibits driving on a sidewalk except when entering or leaving adjacent property. In this case, the driver hit two children who were lawfully on the sidewalk. That alone is strong evidence of negligence. California law holds drivers strictly responsible when their actions breach these basic safety duties. The fact that the driver is 19-years-old does not reduce liability. If investigators determine distracted driving, speeding or impairment as a factor, other laws may apply to the Donnelly Avenue collision.

The tragedy here is compounded by the loss of the 4-year-old boy and the injuries to the 6-year-old girl. The families face both emotional devastation and significant financial burdens for medical care, funeral expenses, and counseling. Under California’s wrongful death statute (Code of Civil Procedure 377.60), certain family members can sue the at-fault driver for the loss of love, companionship, and financial support. The injured child’s family can also pursue a personal injury claim for medical bills, pain and suffering, and any long-term disabilities.

What the Family Can Do

The families should contact a wrongful death and personal injury attorney as soon as possible. Legal counsel can work with the Burlingame Police and the North County Major Accident Investigation Team to obtain the official reports, witness statements, and any security camera footage from the Truffle Poke Bar or nearby businesses. Preserving evidence of the Donnelly Avenue collision is critical before it is lost or overwritten. The attorney can also open insurance claims to cover immediate expenses and begin negotiations while the investigation continues. In cases involving child victims, courts often give special consideration to ensuring funds are set aside for long-term needs, including counseling and medical follow-up. California’s statute of limitations for wrongful death and personal injury claims is generally two years from the date of the incident, but acting quickly gives the families the strongest position to hold the driver accountable and secure the resources they need to heal and move forward.

We at Accident News Now extend our deepest condolences to the family of the victim. We know this is a difficult time as you mourn the tragic and sudden loss of a loved one. If you have any concerns about navigating the legal process surrounding this horrible incident, call 866-883-4318 to speak with a lawyer.

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