A 26-year-old man was killed in an OC car accident after he was struck by a vehicle while crossing the street, The Orange County Register reports. The man was crossing the street near the intersection of Lincoln Avenue and Peregrine Street in Anaheim, the night of December 23, 2009, when he was hit. Anaheim police officials say the victim was walking in a crosswalk, but are looking into whether he had the right-of-way at the time. The driver initially fled the scene, but turned around and came back in a few minutes. Police say they are not treating the case as a hit-and-run and have not arrested the driver.
My heart goes out to the family and friends of this pedestrian accident victim for their tragic and sudden loss. I offer my deepest condolences to everyone who knew and loved this man. Please keep them in your prayers. I’m also pleased to note that this driver found the courage to return to the scene of the accident despite initially leaving in a panic. He did the right thing.
Pedestrian Accident Statistics
There were six fatalities and 63 injuries involving pedestrian accidents in Anaheim, in 2007, according to California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS). In Orange County, 41 people died and 726 were injured in pedestrian accidents during the same year. Also, countywide, car accidents claimed 178 lives and injured 14,185 in 2007.
Based on this news report, the pedestrian was walking in a marked crosswalk. California law requires that drivers yield right-of-way to pedestrians in 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.”
Liability Issues in Pedestrian Accidents
However, in this case, police also seem to be looking into whether the driver had the green light at the time of the collision. I trust they are also looking into whether this accident occurred as a result of the driver being distracted, speeding or otherwise operating his vehicle in a reckless manner.
The victim’s family would be well advised to contact the best Orange County personal injury lawyer who will make sure that their rights are protected. A skilled car accident lawyer should also look into whether a dangerous condition on the roadway caused this accident. If that was the case, the city or governmental agency responsible for maintaining that roadway can be held liable as well. Any claim against a governmental agency in California must be filed within 180 days of the accident or injury.
The Bisnar Chase Personal Injury Attorneys is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.