California Injury Blog
An elderly woman was struck and killed in a Westminster pedestrian accident the morning of April 27, 2015.
According to a news report in The Orange County Register, the fatal accident occurred at the intersection of Brookhurst Street and Bolsa Avenue in the Little Saigon area.
The woman was walking in
a marked crosswalk when she was struck. She was pronounced dead at the scene. No arrests or citations were reported. The investigation is ongoing.
Our heartfelt condolences go out to the family members and friends of this deceased victim. Please keep them in your thoughts and prayers.
Pedestrian Accident Statistics
There were three fatalities and 25 injuries involving pedestrian accidents in the city of Westminster, according to California Highway Patrol’s 2012 Statewide Integrated Traffic Records System (SWITRS).
In Orange County as a whole, 47 people died and 808 were injured as a result of pedestrian accidents during that same year.
Crosswalk Laws
Based on this news report, it appears that this accident occurred when the pedestrian was walking in a marked crosswalk at a busy intersection. Under California law, motorists are required to stop and yield the right-of-way to pedestrians who are walking in marked or unmarked crosswalks.
California Vehicle Code section 21950 states: “The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.”
The same section also states that the driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk “shall exercise all due care and shall reduce the speed of a vehicle or take any other action relating to the operating of the vehicle as necessary to safeguard the safety of the pedestrian.”
Fault and Liability
If the driver in this case is determined to have been at fault, he or she can be held liable for the injuries, damages and losses caused. We trust officials are looking into whether the driver was under the influence, distracted or otherwise negligent at the time of the crash.
A knowledgeable Westminster personal injury lawyer will also be able to determine whether a dangerous roadway or intersection caused or contributed to the incident. If that was the case, the city or governmental agency can also be held liable.
Please remember that any personal injury or wrongful death claim against a governmental entity must be properly filed within 180 days of the incident under California Government Code Section 911.2.