A 42-year-old man was killed in an Orange County car accident after he was struck by an SUV while crossing a roadway. According to a City News Service report, the fatal pedestrian accident occurred the evening of February 5, 2011 near the intersection of Harbor Boulevard and McFadden Avenue in Santa Ana. The pedestrian was crossing Harbor when a white Chevrolet Suburban hit him. He died at the scene. Officials say the man was not in a crosswalk at the time of the accident, and that alcohol or drugs were not a factor. An investigation is ongoing.
I offer my deepest condolences to the family members and friends of this deceased car accident victim. Please keep them in your thoughts and prayers.
According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), there were three fatalities and 123 injuries involving pedestrian accidents in Santa Ana. In Orange County as a whole, 31 people died and 785 were injured in pedestrian accidents during the same year.
Laws Relating to Pedestrians
Based on this news report, it appears that the pedestrian may not have been walking in a crosswalk. California law requires motorists to yield right-of-way to pedestrians walking in a crosswalk. 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 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.”
Also, according to this vehicle code: “This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.”
Fault and Liability
In any fatal pedestrian accident case, it is important to look into whether driver negligence played a part or if dangerous roadway conditions contributed to the accident. If the driver is determined to have been at fault, he or she could be held liable. A skilled Orange County personal injury lawyer will also be able to determine whether a dangerous condition on the roadway caused or contributed to the accident. If that was the case, the city or governmental agency responsible for maintaining that roadway could also be held liable. Under California Government Code Section 911.2, any such claim against a public entity must be filed within 180 days of the incident.
Lost a family member in an Orange County car accident? Want to know your rights? Want to know what your case is worth? Want compensation? Want justice? Want to ensure the same thing doesn’t happen to another family?
Call your best friends in the legal industry after a fatal Santa Ana pedestrian accident. Call 800-259-6373. The call is free. The advice may be priceless.
Call a Bisnar Chase Personal Injury Attorneys Orange County wrongful death lawyer for a free professional evaluation of your rights by attorneys who have been representing families of deceased accident victims since 1978. You will experience award winning representation and outstanding personal service by a compassionate and understanding law firm in a comfortable environment.