A man was struck and killed in a Orange County car accident while crossing a street. According to a news report in The Orange County Register, the fatal pedestrian accident occurred the night of August 8, 2012 at the intersection of El Toro Road and Moulton Parkway. Investigators say the pedestrian was crossing Moulton when a small truck hit him. The man was pronounced dead at the scene. The driver remained at the scene. So far, no arrests or citations have been reported. An investigation is ongoing.
My thoughts and prayers go out to the family members and friends of this deceased accident victim. I offer my deepest condolences to them.
Pedestrian Accident Statistics
According to California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS), there were no fatalities, but one incident involving a pedestrian accident injury in Laguna Woods. During the same year, 41 people died and 864 were injured due to Orange County pedestrian accidents.
Based on this news report, it appears that the man was walking across a large and busy intersection. The article does not state if the man was walking in a marked crosswalk at the time he was struck. California Vehicle Code Section 22350 (Basic Speed Law) 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.”
Fault and Liability
I trust officials are looking into whether the driver in this case was impaired, speeding, distracted or otherwise negligent at the time. It is also unclear if the driver failed to yield the right of way to the pedestrian. If the driver is determined to have been at fault, he or she can be held liable for the victim’s wrongful death. A knowledgeable Orange County personal injury lawyer would also 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. Under California Government Code Section 911.2, any personal injury or wrongful death claim against a governmental agency must be filed within six months of the incident.