California Injury Blog
A 6-year-old boy and 60-year-old man were fatally injured in a pedestrian accident after a pickup truck struck them as they crossed an intersection in Garden Grove. According to a news report in The Orange County Register, the two pedestrians were at the intersection of Garden Grove Boulevard and Benton Street when they were struck by a pickup truck the night of Oct. 26. They were both pronounced dead at the scene. Investigators say the man and the boy were related in some way, but their relationship is not known at this time.
Our heartfelt condolences go out to the family members of these pedestrian accident victims. Please keep them in your thoughts and prayers.
Ongoing Investigation
The driver of the vehicle remained at the scene. Officials do not believe the driver was impaired. Police are still looking into what caused the collision. That includes determining where the pedestrians were walking when the pickup truck hit them. Officials said the truck was going east on Garden Grove Boulevard at the time.
There is no crosswalk at the intersection where the pedestrians were struck, but officials say they were not jaywalking either. Investigators are still determining if the two pedestrians were walking in an unmarked crosswalk. Anyone who witnessed this collision is asked to contact Garden Grove police at 714-741-5823.
Laws and Liability Issues
Based on this news report, it appears that the boy and the man were crossing at a street intersection. 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.”
In such cases, in addition to facing potential criminal charges and other penalties, the at-fault driver can also be held financially responsible for the injuries damages and losses caused. An experienced Garden Grove car accident lawyer will also be able to determine whether a dangerous roadway condition caused or contributed to the incident. If that was the case, the city or governmental agency responsible for maintaining the roadway can also be held responsible.
Source: https://www.ocregister.com/2019/10/13/6-year-old-boy-man-killed-by-pickup-truck-while-crossing-garden-grove-intersection/