Civil attorney Walter Clark investigating negligence in crash that left 9-year-old dead

Coachella Valley civil attorney Walter Clark says he is investigating all aspects of possible negligence in last week's deadly crash.

9-year-old Monique Guzman was killed after being struck by a car near Desert Hot Springs.

Three other kids were hit by the car leaving them injured including Monique's 5-year-old brother, Julio, who is currently hospitalized for his injuries and is expected to recover.

“Often times when you look deeper into these situations, you realize that there’s policies and procedures that experts have already put in place to prevent something like this,” said Manny Bustamante, Senior Trial Attorney for the Walter Clark Legal Group.

Bustamante told News Channel 3 they're representing Gloria Guzman, the mother of Monique and Julio.

He said, “It’s quite appalling when you look closer and see how avoidable something like this could’ve been.”

The crash has raised safety concerns among the community, since the kids were walking on the side of a road with 2 other children when they were struck.

California Highway Patrol is still investigating the deadly crash. The driver, an 87-year-old man, has been arrested in the case. Investigators have ruled out driving under the influence.

Bustamante said they’re working with traffic safety experts to analyze the location of the collision, and how it could be improved.

“There wasn’t a sidewalk there, there was just a dirt shoulder. And right across the street, there’s at least a raised curb. Here it seems like the school bus stop was just dirt with no delineation to how far the bus could come in or where it was supposed to stop,” Bustamante added.

News Channel 3 reached out to Riverside County officials to inquire about the lack of sidewalks where the children were struck by a vehicle since the incident took place in an unincorporated area overseen by the county. Monique's aunt spoke with News Channel 3 last week about her concern with the safety of children walking home from school.

When asked why there are no sidewalks in the location of the crash, the county issued a statement to News Channel 3 that read in part, “The Transportation Department actively works to install sidewalks through various mean ... which are generally prioritized based on pedestrian volume.”

The county added, “The Transportation Department is not aware of any prior concerns raised by the public or school district officials regarding this location.”

As a civil attorney, Bustamante says he’s not only seeking justice for the Guzmans, but hopes to implement change moving forward. “It’s financial compensation for the family, but also in doing so to encourage, strongly encourage, that these policies and procedures are followed. And that there’s additional rules put in place to avoid another situation or outcome like this.”

The CHP told News Channel 3 the cause of the crash is still under investigation.

Bustamante said because the investigation is still underway, it's still too early to file any lawsuits.

The Monique's aunt started a fundraiser online to help her family with funeral expenses.

Stay with News Channel 3 for continuing developments on this story.