Police have declared no wrongdoing on the part of a cement truck driver who ran over and killed a 91-year-old woman on Fillmore at California Street last Thursday afternoon. According to reports, the woman was crossing Fillmore mid-block, in front of the stopped truck, when the driver began driving forward and ran her over. She was taken to SF General Hospital where she died of her injuries:
Investigators found that the truck driver, who stayed at the scene and cooperated with officers, was not at fault, [SFPD Sergeant Eric] Mahoney said. The driver had just crossed through the intersection at California Street when he came to a stop behind a couple of other vehicles, according to police. As the other vehicles started moving again, the woman stepped in front of the truck and was hit.
Of the four other drivers who have killed pedestrians in San Francisco this year, the SFPD has cited three, except one who fled and evaded police.
SFPD won't cite or charge the driver in this case because, as Mahoney told KTVU, he "did not do anything to violate the vehicle code." The victim was apparently jaywalking (an offense which, as the BBC recently pointed out, was invented by the American auto industry, and is not illegal in most countries, including the UK).
There are, however, two sections of the CA vehicle code that the driver may have violated.
CVC Section 21954 is the clause that requires pedestrians to yield to vehicles when crossing outside of a crosswalk, but it also says, "The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway."
In addition, CVC Section 22106 says a driver may not "start a vehicle stopped, standing, or parked on a highway... until such movement can be made with reasonable safety."
KTVU footage also shows the truck stopped with its rear encroaching on the crosswalk, indicating that the trucker could have been blocking it when the woman attempted to cross.
What it comes down to is this: Does the SFPD really believe this truck driver, before stepping on the pedal, exercised all due care to look for people crossing a bustling, two-lane shopping street like Fillmore?
