Colorado Man Killed in Pedestrian Accident in Astoria Oregon
Date: February 13, 2012
Location: Intersection Highway 30 (Commercial St.) and 12th St., Astoria
Names: James Alan Lum, Arthur P. Clark
A Colorado man visiting relatives in Astoria was killed Monday morning as he was crossing the street. The driver of the pickup that hit the pedestrian is a 42-year-old Astoria man.
The report on North Coast Oregon News said James Lum, 67, from Colorado Springs, Colorado, was crossing Commercial Street (Highway 30), at the intersection with 12th Street just before 10:30 a.m., when he was struck by a 2004 Chevrolet Silverado pickup turning left onto Commercial St. from 12th St. The driver was Arthur Clark, 42, from Astoria, who immediately stopped and stayed at the scene until paramedics arrived.
An ambulance rushed Lum to Columbia Memorial Hospital, but he was pronounced dead from his injuries. Oregon State Police are continuing their investigations into the events leading up to the accident, but an eye witness has told them Lum was in a marked crosswalk when he was hit by the pickup.
We would like to extend our most sincere sympathies to the family of James Lum at this tragic time.
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.
None of these possibilities appear to have been factors in this accident, and in most cases, the law will consider it to be the driver’s fault, and the pedestrian’s family will be able to get legal compensation. All cases are different, of course, so contact a knowledgeable wrongful death lawyer if you have any questions about your case.