Gregory Jay Pflum, 52, of Fullerton, was killed in a Fullerton car accident when a 2011 Ford Fusion struck him as he crossed the street. According to The Orange County Register, the fatal pedestrian accident occurred on Commonwealth Avenue in Fullerton, the night of June 16, 2012. Officials say Pflum was crossing the road from north to south when the eastbound Ford struck him. He was pronounced dead at the scene of the crash. The male driver and female passenger in the Ford were questioned and released. It is not clear if any citations will result from the collision, but investigators are looking for witnesses and more information about the circumstances of this fatal collision.
My heart goes out to the family and friends of Gregory Jay Pflum who are mourning his tragic loss. My thoughts and prayers are with them during this difficult time.
Orange County Pedestrian Accident Statistics
According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), one person was killed and 63 were injured in Fullerton pedestrian accidents. During that same year, there were 41 fatalities and 864 injuries reported due to Orange County pedestrian accidents.
Laws Relating to Pedestrian Accidents
Based on this news report, it is not clear why the driver was unable to avoid the collision or if the victim was crossing in a 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.”
In this particular case, if the driver is determined to have been at fault, he can be held liable for the victim’s wrongful death. In cases where negligence is involved, families of deceased victims can seek compensation for damages including medical expenses, funeral costs, lost future income, and loss of love and companionship. A knowledgeable Orange County personal injury lawyer will 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. Please remember that any personal injury or wrongful death claim against a California governmental agency must be filed within 180 days of the incident.