California Injury Blog
A man was struck and killed in a Huntington Beach car accident on the evening of Nov. 1. According to a news report in The Orange County Register, the fatal pedestrian accident occurred at the intersection of Brookhurst Street and Hamilton Avenue. Based on preliminary investigations, officials said the man was crossing southbound on Brookhurst when he was struck by a Chrysler Sebring traveling east on Hamilton.
Ongoing Investigation
Police believe that the man was crossing against the light at the time. The pedestrian was transported to an area hospital where he was pronounced dead. The driver, a Laguna Woods woman, remained at the scene and was arrested on suspicion of misdemeanor DUI. Investigators are asking anyone who saw the collision or the events leading up to it to contact them at 714-536-5670.
We offer our deepest condolences to the family members of the deceased pedestrian accident victim. Please keep them in your thoughts and prayers.
Laws and Liability Issues
Based on this news report, officials believe that the pedestrian was crossing against the light. It is not clear if there were any witnesses who saw that or if officials are saying that based on what the driver said. Eyewitnesses may be crucial to determine precisely what occurred here.
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, the driver also appears to have been under the influence at the time. Under California Vehicle Code Section 23152 (a), it is illegal to operate a vehicle while under the influence of alcohol and/or drugs.
In such cases, the at-fault driver in addition to facing criminal charges may also be held financially responsible for the injuries, damages and losses caused. Families of deceased victims may be able to file a wrongful death lawsuit against the at-fault party. An experienced Huntington Beach pedestrian accident lawyer will be able to advise victims’ families regarding their legal rights and options.
Source: https://www.ocregister.com/2020/11/01/pedestrian-killed-in-huntington-beach-traffic-collision/