4-year old killed by hit and run driver

A 4-year old boy from Santa Rosa was killed after he was hit by a car, while in a crosswalk. The pedestrian accident happened at the intersection of West 9th and Rockwell. The crosswalk is very visible - bright yellow with horizontal and vertical stripes.

After the accident, the boy was taken to Children's Hospital Oakland, where he later died.

A suspect was arrested after he was seen peeling decals off his car windows (in an apparent attempt to escape liabilitty). The man had no driver's license and had twice before been arrested for driving with no license.

Pedestrians are especially vulnerable to injuries as they often have little time to react, and no real protection from a car or truck.

The family of the young boy has a viable wrongful death claim against the driver, but it is likely that the driver has no insurance (since he has no license and does not appear to be very responsible). That may open the possibility of an uninsured motorist claim. They clearly also have a basis for punitive damages, and it is exceedingly likely that the driver will be prosecuted.

Pete Clancy is a personal injury lawyer in Oakland. He can be reached at 510-251-8868.