Pedestrian Fatality in Fresno: Legal Insights for Families

Pedestrian Fatally Struck at Clinton and Brawley in Fresno: What Families Should Know About Their Legal Options

Incident Overview

A tragic pedestrian collision in Fresno claimed the life of a man on Monday evening, December 8, 2025, near the intersection of Clinton and Brawley Avenues. According to preliminary information from the Fresno Police Department, the driver was traveling north on Brawley when the pedestrian stepped off the sidewalk and attempted to cross the roadway. Emergency responders arrived quickly, but despite life-saving efforts, the man succumbed to his injuries at the scene. The motorist remained on-site and is reported to be cooperating with investigators. Authorities have indicated that impairment is not suspected at this time. The victim has not yet been identified, and the investigation remains ongoing.

This collision underscores the vulnerabilities pedestrians face on busy corridors, particularly near major intersections and at night. Even when alcohol or drug impairment is not a factor, a combination of speed, visibility, road design, driver attentiveness, and pedestrian positioning can contribute to catastrophic outcomes.

What Investigators Typically Examine After a Pedestrian Crash

As authorities continue to evaluate the circumstances of this Fresno collision, they will typically look at factors such as:
- Whether the pedestrian was within a marked or unmarked crosswalk, or crossing midblock
- Lighting, weather, and visibility conditions at the time of the crash
- The driver’s speed and braking distance, including evidence of evasive maneuvers
- Distraction, fatigue, or any form of inattentive driving
- Roadway design, signage, signal timing, and line-of-sight obstructions
- Vehicle damage patterns and event data recorder information, if available
- Nearby surveillance or traffic camera footage and witness statements

It is not uncommon for liability to hinge on a combination of these elements rather than a single cause. A thorough, early investigation can be critical to understanding what happened and preserving evidence.

Duty of Care and Right-of-Way in California

California law imposes a broad duty of care on drivers to operate their vehicles safely and to watch for people walking along or crossing roadways. While pedestrians do not automatically have the right-of-way in every circumstance—for example, when crossing outside of a crosswalk—motorists must still exercise due care and take reasonable steps to avoid hitting someone on foot. This includes slowing down in areas with known pedestrian activity, yielding at crosswalks, and maintaining a proper lookout at intersections and driveways.

Conversely, pedestrians are expected to use reasonable care for their own safety, such as by obeying traffic signals and avoiding sudden entries into traffic that do not allow drivers sufficient time to stop. When a collision occurs, these shared responsibilities are weighed carefully.

Wrongful Death Claims After a Pedestrian Collision

For families who lose a loved one in a crash, California’s wrongful death laws can provide a path to financial recovery. Although no legal action can reverse a tragedy, a wrongful death claim may help cover:
- Funeral and burial expenses
- Loss of the decedent’s financial support and benefits
- Loss of household services and care
- Loss of love, companionship, comfort, and guidance
- Medical expenses through a related survival action where applicable

Eligible claimants typically include a spouse or domestic partner, children, and certain other dependents under California law. The statute of limitations for most wrongful death claims in California is two years from the date of death. If a public entity may be involved—for example, if the claim includes allegations of a dangerous condition on public property—an administrative claim usually must be filed within six months, with strict procedural requirements. Acting promptly helps preserve all available options.

Comparative Fault and How It Affects Compensation

California follows a pure comparative negligence system. That means if multiple parties share responsibility for a crash, each is financially responsible in proportion to their percentage of fault. In pedestrian cases, insurers sometimes argue that the person walking bears some responsibility, especially if crossing outside a designated crosswalk or in low-visibility conditions. However, drivers’ obligations to keep a proper lookout and adjust speed to conditions remain central considerations. Even if a pedestrian is found partially at fault, their family may still recover damages reduced by the assigned percentage of responsibility.

This tragic loss near Clinton and Brawley highlights how vulnerable pedestrians are—especially during evening hours on busy Fresno corridors. As investigators continue gathering evidence and interviewing witnesses, the victim’s family is left facing immeasurable grief and uncertainty about what comes next.

At Avian Law Group, we extend our heartfelt condolences to those affected. If your family has suffered the loss of a loved one in a pedestrian collision, our team is here to provide compassionate support, help preserve critical evidence, and guide you through the process of pursuing justice and accountability. Contact us for a free and confidential consultation.