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Los Altos Pedestrian Deaths In Analysis of Driver Prosecutions

A study by the Center for Investigating Reporting found that 60 percent of Bay Area motorists suspected of being at fault in pedestrian fatalities weren't prosecuted.

Reporters at the Center for Investigative Reporting looked at five years of accident reports from five Bay Area counties, including Santa Clara, to learn what official consequences befall motorists who kill pedestrians.

According to their research, 60 percent of the 238 drivers who authorities found to be at fault or were suspected to be at fault for pedestrian deaths between 2007 and 2011 faced no criminal charges.

CIR: Analysis Finds Drivers Who Kill Pedestrians Rarely Punished

CIR: Car is King in Street Design

CIR Video: Pedestrian Deaths

CIR found a number of reasons explaining why drivers responsible for pedestrian fatalities avoid punishment.

For one, prosecutors believe juries are often sympathetic to drivers. Prosecutors also think proving guilt beyond reasonable doubt is hard to do in traffic accident cases.

San Mateo County District Attorney Steve Wagstaffe explained his reasoning to CIR, saying jurors see the cases as tragic accidents with no guilty party: “They’re all thinking, ‘There but for the grace of God go I.’ ”

One deadly crash CIR focused on was a 6-year-old girl who was hit and killed while walking to school in East Palo Alto in 2011. The driver was a school teacher on her way to work who ran from her car screaming "I'm sorry" after the crash, according to accounts from the girl's relatives.

But the teacher was never arrested or charged with a crime, a reality that still haunts the child's family.

“If this is a law school exam, the answer is guilty. The elements were there, but we all agreed that no jury was going to convict on that," Wagstaffe told CIR, explaining why the case wasn't prosecuted.

An arrest for driving while intoxicated also does not guarantee a motorist will also be charged with killing a pedestrian. The CIR article highlighted a fatality in San Jose that involved a driver who had marijuana in his system.

Steven Omstead, then 28, was arrested for driving his Cadillac under the influence of marijuana when he hit and killed Rosa Vasquez De Mazuelos, 75, in San Jose on Dec. 27, 2009, according to the CIR article. An assistant district attorney in Santa Clara County said lab experts wouldn't back criminal charges in the case.

According to the state Office of Traffic Safety, Los Altos with 13 pedestrian injuries in 2010 was the 11th most dangerous place for walkers out of 93 similar-sized California cities.

Do you feel Los Altos intersections are too dangerous for pedestrians? Tell us the most perilous intersections in the comment section below.

Roger Summit May 07, 2013 at 01:58 PM
Similarly a woman who struck and nearly killed my wife who was crossing Foothill Expressway from Main Street in Los Altos in the cross-walk was not even cited in spite of witness testimony attesting to the incident.
L.A. Chung (Editor) May 07, 2013 at 05:35 PM
Holy cow, when was this? Foothill Expressway and Main, and other crossings of the expressway are particularly concerning. I wonder how juries can have more sympathy for the driver than the unprotected pedestrian?

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