A 57-year-old man was killed in a pedestrian accident in Fountain Valley on the night of June 12.
According to a news report in The Daily Pilot, the fatal collision occurred near the intersection of Warner Avenue and San Ricardo Street. A news report in the Los Angeles Times said the fatal traffic collision involved a silver 2002 Honda Civic.
Officials said the driver of the vehicle cooperated with investigators at the scene. Authorities did not believe alcohol or drugs played a part in this incident. The Fountain Valley Police Department is urging anyone who witnessed the collision to call their traffic bureau at 714-593-4481.
We offer our deepest condolences to the deceased pedestrian accident victim. Please keep them in your thoughts and prayers.
Laws Relating to Pedestrians
Based on this news report, it is not clear if the pedestrian was in a crosswalk. It does appear that he was walking at the street intersection. California law requires motorists to 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.”
Understanding Your Rights
There appear to be a number of unanswered questions here. If the driver in this case was determined to have been negligent or at fault, he or she can be held liable for the victim’s wrongful death. In addition, if a dangerous roadway condition caused or contributed to this tragic pedestrian accident, the city or government entity responsible for maintaining the roadway can also be held accountable. In such cases, a claim must be filed within 180 days or six months of the incident under California Government Code Section 911.2.
If you have lost a loved one in a pedestrian accident, an experienced Fountain Valley pedestrian accident lawyer will be able to advise you regarding your legal rights and options. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation.