A 69-year-old woman was killed in a Huntington Beach pedestrian accident after she was struck while crossing the street. According to a news report in The Orange County Register, the fatal crash occurred the evening of March 6. Police got reports that a gray Nissan Murano had struck a pedestrian on Talbert Avenue east of Bell Circle. Officers located the pedestrian lying in the roadway. She has suffered major injuries and was transported to a local trauma center in critical condition.
The driver of the Nissan remained at the scene and cooperated with the investigation. It doesn’t appear that alcohol or drugs were a factor in this investigation. Police say based on preliminary investigations that the woman was attempting to cross Talbert Avenue outside of a crosswalk when the Nissan struck her. Anyone with information about this collision is urged to contact Huntington Beach police at 714-536-5670.
We offer our deepest condolences to the family of the deceased woman. Please keep them in your thoughts and prayers.
Laws and Liability Issues
Based on this article, officials say preliminary investigations show that the woman was crossing the street outside of a crosswalk. California law says that while pedestrians should walk in the crosswalk, drivers have a duty to make sure they are driving safely while looking out for pedestrians who are crossing the street – be it within or outside 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.”
Negligent motorists can be held liable for a victim’s wrongful death. Families of deceased victims in such cases can seek compensation for medical expenses, funeral costs, lost future income and loss of love and companionship. A knowledgeable Orange County pedestrian accident attorney will also be able to determine whether a dangerous roadway condition caused the accident. If that was the case, the governmental agency responsible for maintaining the roadway can also be held liable. Please remember that any personal injury or wrongful death claim against a governmental agency must be properly filed within 180 days of the incident.