California Injury Blog
A 46-year-old woman was killed in a Huntington Beach pedestrian accident after a car struck her. According to a news report in The Orange County Register, the fatal pedestrian accident occurred at the intersection of Pacific Coast Highway and Newland Street the night of February 14, 2017. When officers arrived at the scene, they found that the woman was struck by a Toyota Sienna minivan. She was transported to an area trauma center when she was pronounced dead.The driver of the car, an 81-year-old Seal Beach man, was hospitalized for injuries. Preliminary investigations show that the Sienna was traveling west on Pacific Coast Highway and struck the woman as she walked northbound through the intersection. Police are still looking into whether the woman was walking in the crosswalk or whether the driver ran a red light at the intersection. The investigation is still ongoing and no arrests or citations have been reported.
Our heartfelt condolences go out to the family members and friends of this deceased pedestrian accident victim for their tragic and heartbreaking loss. Please keep them in your thoughts and prayers.
Crosswalk Laws
Based on this news report, it appears that the woman was walking through the intersection when the minivan struck her. California Vehicle Code section 21950 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
In such cases, if the driver is determined to have been at fault, he or she could be held liable for the victim’s wrongful death. A knowledgeable Huntington Beach car accident lawyer can also help determine whether a dangerous condition at the intersection 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 180 days of the incident.