California Injury Blog
An 87-year-old woman with a walker was killed in a Los Angeles car accident after she was hit by a vehicle while crossing the driveway of a commercial parking lot. According to a report in the Whittier Daily News, the fatal pedestrian accident occurred the morning of October 13, 2011 on Imperial Highway near La Mirada Boulevard. Police say the woman was walking on the sidewalk. A vehicle that was pulling out of a commercial parking lot hit her, as she crossed the driveway. The woman died at the scene. It is not clear if the driver will be cited in connection with this fatal car accident.
I offer my deepest condolences to the family members and friends of this deceased pedestrian accident victim. Please keep them in your thoughts and prayers.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), there were no fatalities but nine injuries happened involving pedestrian accidents in La Mirada. In Los Angeles County as a whole, 179 people died and 4,918 were injured in pedestrian accidents, during the same year.
Failure to Yield Right-of-Way
Based on this news report, the driver of the vehicle did not see the elderly pedestrian crossing the driveway. Under California law, drivers pulling out of public or private driveways must yield right-of-way to pedestrians and oncoming vehicles. According to California Vehicle Code Section 21804 (a): “The driver of any vehicle about to enter or cross a highway from any public or private property, or from an alley, shall yield the right-of-way to all traffic.” Vehicles entering traffic “shall continue to yield the right-of-way to that traffic until he or she can proceed with reasonable safety.”
Fault and Liability
It is unclear as to why this driver did not yield right-of-way to the elderly pedestrian. Was the driver under the influence? Was he or she distracted or inattentive? If the driver is determined to have been at fault, he or she could be held liable for the elderly pedestrian’s wrongful death. Families of deceased victims would be well-advised to contact an experienced Los Angeles personal injury lawyer, who will analyze all aspects of the incident and ensure that the negligent parties are held liable. In cases where negligence or wrongdoing is involved, the family of a deceased car accident victim can file a wrongful death claim seeking compensation for medical expenses, funeral costs, lost future income, loss of love and companionship, and other related damages.
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