Nicolas Lopez Killed in San Francisco Hit-and-Run Accident

Father of Two Nicolas Montejo Lopez Struck in Excelsior Crosswalk by Driver With Two Prior DUIs

SAN FRANCISCO, CALIFORNIA (October 29, 2026) – A 43-year-old father of two identified as Nicolas Lopez was killed in a hit-and-run pedestrian accident at Moscow Street and France Avenue in San Francisco’s Excelsior neighborhood.

San Francisco County officials are saying that the crash occurred around 7:05 p.m. on Thursday, October 1. Nicolas Lopez was on his way home and had stepped into the crosswalk when the driver of a Dodge Ram truck allegedly ran a stop sign and struck him, according to District Attorney Brooke Jenkins.

Prosecutors say Lopez fell backward onto the pavement, and the driver slowed to look at him before speeding away, Patch reported. A witness chased the truck and photographed its license plate, helping San Francisco police take the 29-year-old driver into custody about three miles from the scene.

Paramedics treated Lopez at the scene before he was rushed to the hospital in critical condition. Nicolas Lopez spent 17 days in intensive care before he died from his injuries on Sunday, October 18.

His family has organized a GoFundMe in his memory, remembering him as a hardworking father of two. Walk San Francisco placed a sign at the intersection marking his death, which the group counts as the city’s 14th pedestrian fatality this year.

Prosecutors have charged the driver with second-degree murder, citing two prior DUI convictions, along with DUI causing injury and leaving the scene of a crash. He also faces a probation violation, according to SFist.

In July 2024, a pedestrian was killed on Geneva Avenue near Cayuga Avenue by a driver who was arrested for DUI, according to Walk SF, and another pedestrian was killed at Mission Street and Santa Rosa Avenue in July 2025.

A driver on probation with two prior DUI convictions raises questions about what license restrictions or monitoring were in place, and whether anyone enforced them. Citywide, 24 people were killed while walking in San Francisco in 2024, the highest number since 2007.

Liability for San Francisco Pedestrian Accidents

Vehicle Code section 21950 requires drivers to yield to pedestrians in marked or unmarked crosswalks and to use all due care to keep them safe. Section 22450 requires a full stop at a stop sign before the limit line or crosswalk, while section 20001 requires any driver in a crash that injures or kills someone to stop immediately. Under Evidence Code section 669, breaking a safety law that causes the very harm it was meant to prevent creates a presumption that the driver failed to use due care. In pedestrian cases, responsibility often turns on a few recurring issues:

• Right-of-way: A pedestrian inside a crosswalk generally has priority over approaching traffic.
• Stop signs: Ignoring a stop sign removes the pause that lets drivers see someone crossing.
• Impairment: Alcohol slows reaction time and is treated as a serious breach of a driver’s duty of care.
• Leaving the scene: A driver who flees denies an injured person immediate help and faces separate liability.
• Evidence: Camera footage, witness statements, vehicle damage, and chemical tests often show how a crash unfolded.

California courts treat the decision to drive after drinking as more than an ordinary lapse. In People v. Watson (1981), the California Supreme Court reviewed a case in which a man drank large quantities of beer at a Redding bar, ran a red light, narrowly avoided one car, then sped on and struck another vehicle, killing a mother and her 6-year-old daughter. The court held that when a drunk driver’s conduct shows a conscious disregard for life, prosecutors may pursue second-degree murder rather than only vehicular manslaughter. The justices reasoned that a person who drives to a bar knows they will have to drive later and can be presumed aware of the dangers of doing so while intoxicated. Although Watson was a criminal case, it shows how seriously California law views the choice to combine alcohol and a vehicle.

Repeat Impaired Drivers and Pedestrian Safety

People on foot have no protection when an impaired driver loses control. In 2023, 12,429 people died in crashes involving an alcohol-impaired driver, about 30 percent of all U.S. traffic deaths, according to the National Highway Traffic Safety Administration, and 1,384 of them were pedestrians, cyclists, or other people outside a vehicle. The same NHTSA data shows alcohol-impaired drivers in fatal crashes that year were six times more likely than sober drivers to have a prior DWI conviction. California recorded 1,355 alcohol-impaired-driving deaths in 2023, second only to Texas. A few practical points can help pedestrians and families:

• Evening hours: NHTSA found the rate of alcohol impairment among drivers in fatal crashes was three times higher at night than during the day in 2023.
• Visibility: Light or reflective clothing makes it easier for drivers to spot you after dark.
• Eye contact: Making eye contact before stepping off the curb helps confirm a driver is stopping.
• Witnesses: Noting a plate number and vehicle description after a hit-and-run helps police find the driver.
• Records: A driver’s prior convictions, probation terms, and license status can become central to a case.

Repeat impaired driving is also a question of how courts, probation departments, and licensing agencies track people already caught. Safety advocates have also urged San Francisco to focus street improvements near parks, schools, and senior centers. When a pedestrian is killed, the criminal case and the family’s search for answers often move on separate tracks. Families have the right to learn how a crash happened and to pursue accountability from everyone whose decisions contributed.

Investigating Hit-and-Run Accidents in San Francisco

We at Feher Law extend our deepest condolences to the family and loved ones of Nicolas Lopez. We hope this case brings full accountability and pushes leaders to strengthen protections for people crossing streets in the Excelsior and across San Francisco. This crash raises serious concerns about pedestrian safety and repeat impaired drivers. How was someone with two prior DUI convictions still able to drive through a neighborhood crosswalk?

Have you or a loved one been affected by a pedestrian or hit-and-run accident in the Excelsior or elsewhere in San Francisco? Families who lose someone in a crosswalk have the right to pursue accountability from every party whose choices played a role. When a criminal case is underway, much of the key evidence sits in police and prosecutors’ files, and the early account of events is often incomplete. Our team of safety advocates and accident investigators can help you understand what happened, from traffic and doorbell camera footage to witness accounts and the driving and court records that show how a dangerous driver stayed on the road. For answers to your legal questions or a free, independent investigation, our team is available anytime at (310) 340-1112.