Date: January 11, 2010
Location: Highway 42S, near Bandon, Oregon
Names: Randall Earl Tourney, Brenda Rae Wilson
On January 11, 2010, around 6:20 AM, Randall Earl Tourney, 49, of Bandon, Oregon, was killed after being struck by a car driven by Brenda Rae Wilson, 46, also of Bandon, according to the Bandon Western World. It was the first Oregon traffic fatality of 2010.
Tourney was walking in the westbound lane of Highway 42S wearing dark clothing.
OSP officers later discovered Tourney’s van in a ditch at Elmira Avenue and Sixth Street. In a January 21 update story, Capt. Steve Smartt told the Bandon Western World that police are working on a reconstruction report, but they believe Tourney’s car went into the ditch and he started walking toward town.
“That’s our presumption, but, of course, we have no way of knowing for sure,” said Smartt. Tourney’s vehicle did not appear to have extensive damage.
Because Wilson showed no evidence of impairment at the scene, no toxicological samples were taken. No charges were pending. She was not injured in the crash.
Before the crash, a driver called police and reported seeing and nearly striking a man walking east on the highway and wearing dark clothing. Tourney was struck and killed about 30 minutes later.
Services for Tourney were held January 17 at Seabird Chapel Church of God in Bandon. Our hearts go out to his family; and our thoughts are with Wilson as she deals with this unfortunate accident.
If a pedestrian is hit in a crosswalk, it is generally considered the driver’s fault. However, just like everything in the law, there are exceptions. If the pedestrian was drunk and wearing dark clothes, and it was dark, the driver can sometimes escape prosecution. Or if a pedestrian darts out unexpectedly into an intersection, the law may take the driver’s side too. But in most cases, the law will consider it to be the driver’s fault, and the pedestrian or the pedestrian’s family will be able to get legal compensation. All cases are different, of course, so contact a knowledgeable lawyer if you have any questions about your case.