California Injury Blog
A man suffered critical injuries in an Orange County car accident after a vehicle struck him near a street intersection.
According to a news report in The Orange County Register, the major injury crash occurred near the intersection of Dale Avenue and Standustrial Street the night of May 27, 2014.
Police say a 2004 Mazda SUV headed north on Dale hit the man when he stepped off the curb.
The 27-year-old driver remained at the scene of the crash.
The pedestrian was thrown about 10 to 15 feet on impact. The man suffered severe head trauma.
Police believe that the pedestrian was
not in a crosswalk at the time of the collision. The investigation is still ongoing.
Our thoughts and prayers are with the critically injured pedestrian. We wish him the very best for a speedy and complete recovery.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2011 Statewide Integrated Traffic Records System (SWITRS), there were no fatalities, but 10 injuries reported as a result of pedestrian accidents in Stanton.
In Orange County as a whole, 38 people died and 773 were injured as a result of pedestrian accidents during the same year.
Right-of-Way Issues
Based on this news report, officials believe based on preliminary investigations that the pedestrian was not in a marked crosswalk.
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
We trust officials are still trying to determine who had the right-of-way in this case.
They are also likely looking into whether the driver was impaired, distracted, speeding or otherwise negligent at the time of the collision. If the driver is determined to have been at fault, he could be held liable for the victim’s injuries.
In such cases injured victims can seek compensation for damages including medical expenses, lost wages, hospitalization, rehabilitation, permanent injuries, pain and suffering and emotional distress.
An experienced Orange County personal injury lawyer will also be able to determine whether a dangerous roadway 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 Section 911.2, any personal injury claim against a governmental entity must be filed within 180 days of the incident.