[author: Sam Frasher]

Josh Klinghoffer, a former Red Hot Chili Peppers guitarist and current touring member of Pearl Jam, has been sued for negligence and wrongful death. The lawsuit alleges Klinghoffer fatally struck a man while he was walking in a crosswalk with the right of way on March 18, 2024.¹

According to the suit, Klinghoffer was driving north on Meridian Avenue and turned left on West Main Street into a marked crosswalk, hitting Israel Sanchez, the decedent.² Decedent’s daughter is the plaintiff. Surveillance video of the incident purportedly shows Klinghoffer’s vehicle “making no braking or slowing motion” until after he made contact with Sanchez, who was allegedly halfway across the sidewalk on West Main Street.³ Upon hitting Sanchez, Klinghoffer’s 2022 GMC Yukon truck “dragged [Sanchez] across the asphalt where he sustained blunt force trauma to his head.”⁴ The complaint goes on to allege surveillance camera footage captured Klinghoffer “us[ing] a device mere seconds before” the collision.⁵

Following the collision, Klinghoffer called 911 and remained at the scene.⁶ Investigating law enforcement did not issue citations for either party, and no criminal charges have been brought against Klinghoffer.⁷

The lawsuit includes claims of negligence and wrongful death and seeks unspecified damages. It alleges that Klinghoffer "was callous in his disregard for the rights and safety of pedestrians including but not limited to decedent Israel Sanchez.”⁸ The suit goes on to allege that, "from the approach to the median until the impact, [Klinghoffer] had more than 40 feet of driving space and more than 10 seconds of time to see a pedestrian lawfully using a marked crosswalk in a residential neighborhood and adjust his speed or course accordingly, had defendant merely been attentive to his surroundings."⁹

TAKEAWAY

Although this case was recently filed, there are several developments to be on the lookout for. First, a download of Klinghoffer’s vehicle’s black box data will be critical to ascertain whether any mechanical issues existed at the time of the incident. Second, plaintiff will likely subpoena Klinghoffer’s phone records at or near the time of the incident to determine whether he was on the phone at the time of the incident as the complaint alleges. Third, all counsel will be scouring businesses to try and obtain additional video surveillance angles of the crash to determine the driver’s attentiveness. These developments and more are sure to influence the future litigation outlook for all parties.

¹Ashley Sanchez v. Josh Adam Klinghoffer, et al., No. 24NNCV02798 (Los Angeles Co. Super. Ct. July 10, 2024.)

²Ashley Sanchez, No. 24NNCV02798 (Compl. ¶ 2.)

³Compl. ¶ 3.

⁴Compl. ¶ 2.

⁵Compl. ¶ 4.

⁶Brown, August, Josh Klinghoffer, former Red Hot Chili Peppers guitarist, sued in pedestrian collision, LA TIMES, July 10, 2024, available at https://www.latimes.com/entertainment-arts/music/story/2024-07-10/josh-klinghoffer-red-hot-chili-peppers-sued-wrongful-death.

⁷Id.

⁸Compl. ¶ 14

⁹ Id.