California Injury Blog
Marty Mannani, 64, was killed in a Mission Viejo pedestrian accident after a vehicle struck him as he was crossing a street. According to a news report in The Orange County Register, the crash occurred on the morning of July 26 near the intersection of Marguerite Parkway and Alerzal. The coroner reported that Mannani died minutes after the collision. Officials are not certain if he was in a crosswalk when he was struck.
The Orange County Sheriff’s Department is investigating the fatal crash. A statement from the department said the driver was not under the influence of alcohol or drugs and that he remained at the scene cooperating with the official investigation. Officials are still looking into what caused this fatal crash.
We offer our deepest condolences to the family members of Marty Mannani for their tragic and heartbreaking loss. Please keep them in your thoughts and prayers.
Laws Involving Pedestrians
Based on this news report, it appears that the incident occurred at the intersection of Marguerite Parkway and Alerzal where there are no marked crosswalks. California Vehicle Code Section 21950 (a) requires motorists to yield the right of way to pedestrians who are walking in marked or unmarked crosswalks.
California Vehicle Code Section 21954 states: “Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.” The same section also states: “The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.”
Liability Issues
In such cases, if the driver is determined to have been negligent or careless, he or she can be held liable for the pedestrian’s wrongful death. A knowledgeable Orange County pedestrian accident 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 responsible for maintaining the roadway can be held liable for the incident. Under California Government Code Section 911.2, any claim against a governmental agency must be filed within 180 days of the incident. An experienced personal injury attorney will be able to guide victims’ families through what can be a complex and intimidating process.
Source: https://www.ocregister.com/2020/07/26/pedestrian-struck-and-killed-in-mission-viejo/