(Diamond Bar, CA) A pedestrian died after being struck by a red Kia on the eastbound Pomona (60) Freeway near the Orange (57) Freeway on November 11.
On Wednesday, at about 2:15 a.m., CHP officers responded to the collision near the freeway interchange. Authorities initially beleived the Kia struck a rock, but they soon discovered that the vehicle had hit a pedestrian.
Responding officers administered CPR before the pedestrian was pronounced dead at the scene, according to the CHP. It was unclear why the person was on the freeway. Authorities used flares to close all eastbound lanes and issued a Sigalert with no estimated reopening time.
Legal Guidance on the Pomona Freeway Accident
The freeway location raises a question about pedestrian access, while the overnight timing makes visibility relevant to evaluating the driver’s approach. Neither circumstance alone establishes a violation.
California Vehicle Code 21960 allows authorities to restrict pedestrian access to freeways through regulations supported by appropriate signs. It also contains a limited exception allowing occupants of disabled vehicles to walk toward the nearest qualifying exit for telephone or repair services. Applying that rule here would require establishing the access restrictions and the pedestrian’s circumstances, rather than treating any presence on a freeway as unlawful.
For the driver, California Vehicle Code 22350 requires a speed that is reasonable for visibility, traffic and roadway conditions. If visibility limited the distance in which a hazard could be recognized, the question would be whether the vehicle’s speed allowed a reasonably safe response. The early hour alone does not establish poor visibility or excessive speed.
The initial belief that the Kia struck a rock describes how the incident was first understood. It does not explain when the pedestrian became visible or what opportunity the driver had to react.
What the Family Can Do
For your family, the initial rock report may raise questions about how the Pomona Freeway accident unfolded. Ask the assigned CHP investigator who provided that description and whether it came from a witness, the driver or an initial dispatch entry. That clarification can help distinguish an early impression from the findings documented in the collision report.
If you have any concerns about navigating the legal process surrounding this incident, call 888-888-9285 to speak with a lawyer.
