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Guitarist of Pearl Jam and Red Hot Chili Peppers accused of texting while driving in fatal pedestrian crosswalk collision

Klinghoffer is currently touring with the band Pearl Jam.
/ Source: TODAY

Josh Klinghoffer, former guitarist for the Red Hot Chili Peppers, has been served with a lawsuit over his alleged involvement in a fatal car collision in March.

According to court documents obtained by NBC News, the lawsuit was filed by Ashley Sanchez, the only child of the victim, Israel Sanchez. The 47-year-old father died after being struck by Klinghoffer’s Black 2022 GMC Yukon. The lawsuit alleges that video shows Klinghoffer was on his cell phone moments before hitting the elder Sanchez, who was on his way to a grocery store to make soup for his family.

The suit cites video surveillance, which shows Sanchez stopping at a corner before walking out on a marked crosswalk. Seconds later, Klinghoffer’ SUV turns into him — seemingly without braking — and knocks Sanchez over.

Sanchez was brought to Huntington Hospital, where he was pronounced dead later that day.

The incident happened on March 18 in Alhambra, California, a suburb about eight miles east of Los Angeles in the San Gabriel Valley.

A man with a grey beard and hair stands in front of a "Cars" poster, seemingly at a birthday party.
The fatal victim, Israel Sanchez. Courtesy of Trial Lawyers for Justice

“My dad was known for being a great chef, the most talented of his family, the greatest grandpa always full of love and joy,” Ashley Sanchez said in a statement. “His smile was so infectious. His life was taken by a careless act of a person who didn’t bother to look where he was driving.”

The plaintiff’s law firm released what they said was a video of the crash. The video doesn’t clearly show whether he was using his phone at the time of the accident, though he does appear to be holding something in his hand.

A black SUV drives across a wide road
A screenshot of the video provided by Ashley Sanchez's legal team of Klinghoffer in his vehicle, moments before the fatal crash.Courtesy of Trial Lawyers for Justice

Ashley Sanchez’s lawsuit alleges that Klinghoffer “was callous in his disregard for the rights and safety of pedestrians” and had “more than 40 feet of driving and more than 10 seconds of time” to brake before hitting the elder Sanchez. This indicates, the suit alleges, that the defendant “was likely driving while distracted.”

Andrew Brettler, the attorney for Josh Klinghoffer, provided a statement regarding the incident to NBC News, saying, “This was a tragic accident. After the car struck the pedestrian, Josh immediately pulled over, stopped the vehicle, called 911, and waited until police and the ambulance arrived. He is fully cooperating with the traffic investigation.”

Klinghoffer replaced Red Hot Chili Peppers’ previous guitarist, John Frusciante, in 2009. He left the band in 2019 to join Pearl Jam as a session member.

MusiCares Concert For Recovery (rehearsals)
Guitarist Josh Klinghoffer at the Showbox on May 9, 2018 in Seattle, Washington.Mat Hayward / WireImage

Nick Rowley is the trial attorney representing the victim’s family. He described Sanchez as a “loving father” and accused Klinghoffer of being “in a rush and on his phone.”

“Mr. Klinghoffer should be arrested and prosecuted for homicide. We have a video of him on his cell phone at the time he hit and killed Israel Sanchez, a loving father, in a crosswalk,” Rowley said.  

“Israel Sanchez was on his way to the grocery store to make soup for his family and never came home. He did everything right, looking for oncoming traffic and abiding by pedestrian signage, but tragically Mr. Klinghoffer, in a rush and on his phone, hit him fatally from behind with a large SUV,” Rowley’s statement continued. The loss and grief that the Sanchez family now faces is immense. We will not stop until there is accountability and justice for Mr. Sanchez and his family.”

Pearl Jam has not responded to NBC News’ request for comment.