California Injury Blog
A 29-year-old Tustin man died in an Orange pedestrian accident after two vehicles struck him while he crossed a street. According to a news report in The Orange County Register, the fatal crash occurred when the man had been walking the evening of Jan. 15 along The City Drive South between Justice Center Way and Outlets Drive near the Outlets at Orange shopping center.
Fatal Collision
Police said as the man began to cross the street outside of the crosswalk, an Acura moving south hit the man. Sometime later, a second vehicle struck the man. The first driver stayed behind to speak with the authorities, but the driver of the second vehicle drove away, continuing to drive south on The City Drive.
The second vehicle was only described as “white.” Paramedics transported the severely injured pedestrian to a local hospital where he succumbed to his injuries. Officials are not sure which collision had killed the 29-year-old man, but they said, both vehicles had “significantly struck” the man. The investigation is ongoing.
We offer our deepest condolences to the family members of the deceased victim for their tremendous loss. Please keep them in your thoughts and prayers.
Fault and Liability Issues
Based on this news report and preliminary police investigation, it appears that the pedestrian was outside of a marked crosswalk when the initial collision occurred. 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.”
In this case, one of the drivers also left the scene without waiting for officials to arrive or without rendering aid to the seriously injured victim, which is a violation of California Vehicle Code Section 20001 (a). We hope officials will thoroughly investigate this case and hold all at-fault parties accountable. We also trust investigators are looking into how and why the initial collision had occurred and whether driver negligence may have caused that first collision.
In such cases, families of deceased victims would be well advised to contact an experienced Orange County pedestrian accident lawyer who will remain on top of the official investigation and help ensure that their legal rights and best interests are protected. A knowledgeable car accident lawyer will also be able to determine whether a dangerous or defective roadway condition may have caused or contributed to the collision. In such cases, a governmental agency responsible for maintaining the roadway can also be held liable. Please remember that any personal injury or wrongful death claim against a governmental entity must be filed within 180 days of the incident.
Source: https://www.ocregister.com/2021/01/16/tustin-man-hit-by-two-vehicles-dies-in-orange/