California Injury Blog
A 52-year-old man was killed in an Irvine pedestrian accident. According to a City News Service report, the fatal pedestrian accident occurred at the intersection of Silkberry and Hazelnut on the evening of July 21st. The victim was transported to an area hospital where he was pronounced dead shortly after arrival.
Ongoing Investigation
The driver of the SUV remained at the scene and cooperated with the investigation. Based on preliminary investigations, alcohol or drugs were not believed to be factors in this crash. It is not clear if the pedestrian was in a marked crosswalk at the time of the collision. Anyone who witnessed the crash is urged to contact Irvine police at 949-724-7047.
We offer our deepest condolences to the family members of the deceased victim for their heartbreaking loss. Please keep them in your thoughts and prayers.
Laws Involving Pedestrians
Based on this news report, it appears that the collision between the SUV and the pedestrian occurred at a street intersection in a residential neighborhood that does not have marked crosswalks or signs. California law requires motorists to exercise caution whether or not pedestrians are in marked or unmarked crosswalks. In fact, the law says drivers should exercise due care even if the pedestrians are not on 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, at-fault or negligent drivers can be held liable for the injuries, damages and losses caused. In cases where negligence or wrongdoing was a factor, families of deceased victims can file a wrongful death lawsuit seeking compensation for damages such as medical expenses, funeral costs, lost future income, pain and suffering and loss of love, care and companionship.
An experienced Irvine pedestrian 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 liable. Under California Government Code 911.2, any such claim against a governmental entity must be filed within 180 days of the incident.
Source: https://www.ocregister.com/2020/07/22/pedestrian-struck-and-killed-in-irvine/