Allix Barz, 18, of Cypress was killed in an Orange County car accident after she was struck by an SUV while crossing the road. According to a news report in The Orange County Register, the fatal pedestrian accident occurred shortly after midnight on July 3, 2011 when Barz and another 18-year-old woman attempted to walk across Pacific Coast Highway just south of Crown Valley Parkway in Dana Point. Officials said the other teen made it across the roadway, but Barz was struck by a 2002 Mercedes Benz SUV. She was transported to a local hospital where she was pronounced dead.
I offer my deepest sympathies to everyone who knew and loved Allix Barz for their tragic and heartbreaking loss. Please keep her family members and friends in your thoughts and prayers.
Pedestrian Accident Statistics
According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were no fatalities, but seven injuries involving pedestrian accidents in Dana Point. In Orange County as a whole, pedestrian accidents claimed 31 lives and injured 785 people, during the same year.
Laws Relating to Pedestrians
Based on this news report, it appears that the pedestrian, Allix Barz, may have crossed outside of a crosswalk. California law requires motorists to yield right-of-way to pedestrians in marked or unmarked crosswalks.
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." This section requires 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."
According to the same vehicle code: "This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk."
Liability Issues
In cases where negligence or wrongdoing is suspected on the part of the motorist, families of deceased pedestrians would be well-advised to contact an experienced Orange County personal injury lawyer, who will analyze all aspects of the incident and ensure that the negligent parties are held liable.
A skilled car accident lawyer will also be able to determine whether a dangerous condition on the roadway 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. Please remember that any personal injury or wrongful death claim against a California governmental entity must be properly filed within 180 days of the incident.
Lost a family member in an Orange County car accident? Want to know your rights? Want to know what your case is worth? Want compensation? Want justice? Want to ensure the same thing doesn’t happen to another family?
Call your best friends in the legal industry after a fatal Dana Point pedestrian accident. Call 800-561-4887. The call is free. The advice may be priceless.
Call a BISNAR | CHASE Orange County wrongful death lawyer for a free professional evaluation of your rights by attorneys who have been representing families of deceased accident victims since 1978. You will experience award winning representation and outstanding personal service by a compassionate and understanding law firm in a comfortable environment.
SLS Consulting