California Injury Blog
Marcos Stead, 48, was killed in a Huntington Beach car accident after he was hit by a vehicle while crossing the street. According to a news report in The Orange County Register, the fatal pedestrian accident occurred on Beach Boulevard, between Edinger Avenue and Stark Drive, in Huntington Beach, the night of November 24, 2011. Officials have not stated if Stead was in a crosswalk at the time of the crash. He was struck by a BMW X5, whose driver remained at the site to speak with authorities. Stead was pronounced dead at the scene of the crash. The 52-year-old female driver has not been cited for the collision, but the accident remains under investigation.
My heart goes out to the family and friends of Marcos Stead following this tragic car accident. Please keep them in your thoughts and prayers.
Orange County Pedestrian Accident Statistics
According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), there were three fatalities and 58 injuries involving pedestrian accidents in the city of Huntington Beach. In Orange County as a whole, pedestrian accidents claimed 41 lives and caused 864 injuries, during the same year.
Pedestrian Laws
Based on this news report, it is not clear if the victim was in a crosswalk at the time of the accident. 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
If it is determined that the female driver failed to exercise due care, she can be held liable for Stead’s wrongful death. In such cases, the family of a deceased Orange County car accident victim can file a wrongful death claim to pursue compensation for medical bills, funeral expenses, loss of companionship, lost future wages, and other related damages. An experienced Huntington Beach car accident lawyer will prove to be an invaluable resource in these types of accidents, and can definitely better advise the victim’s family about their legal rights and options.