Pedestrian Accidents

February 12, 2013—Anaheim, California—Three women, two of them a mother and daughter, were killed when a driver suspected of being drunk hit them as they walked in the street, according to the Orange County Register. The crash occurred in the 100 Block of South Western Avenue near Lincoln.

The 56-year-old victim and her 21-year-old daughter, along with the woman’s 21-year-old niece, were walking along South Western Avenue when they were struck by the 40-year-old driver. The niece died at the scene and the mother and daughter died after being transported to a local hospital. They were on their way home from a baby shower at the time of the crash. The driver was uninjured but a female passenger in his car was taken to the hospital with facial injuries.

The area where the collision occurred has a bad reputation for speeding, according to residents I the area. The road is an arterial road dotted with apartments, homes and businesses, and residents believe the speed limit should be lowered.

Arterial Roads Site of Many Pedestrian Crashes

Arterial roads are those that feed into major freeways or highways. According to the National Highway Traffic Safety Administration, 1,605 of California’s 2,791 traffic fatalities in 2011 occurred in urban areas, or about 58 percent. Many of these accidents occurred on arterial roadways; one study estimated that 55 percent of the daily traffic in Los Angeles County is on arterial roadways rather than major freeways, making these roads extremely congested and dangerous for pedestrians.

Liability Issues in Pedestrian Crashes—Who is To Blame?

California law insists on responsibility on the part of both drivers and pedestrians to maintain safety. Since pedestrians are often injured much more seriously than divers, however, it behooves pedestrians to pay close attention to traffic and to adjust their own actions accordingly.

According to the California Motor Vehicle Code, pedestrians are to yield the right-of-way to any vehicle that constitutes an immediate hazard. However, Section 21954 of the code goes on to note, “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.” This means that a driver may be liable for an accident even if the pedestrian was not in a crosswalk at the time, especially if the driver was speeding, drinking or in some other way engaging in negligent behavior.

What Can I Do If I Am Injured In A Pedestrian Crash?

If you are the victim of a pedestrian collision, it is wise to consult a personal injury lawyer about your rights. Victims of pedestrian crashes may be able to collect damages from the driver who hit them. In a case in which a pedestrian is killed by the driver, the surviving family may be able to collect damages with a wrongful death lawsuit. A personal injury attorney can explain the laws that surround these types of crashes and the options available to victims or families regarding compensation.

A 7-year-old girl suffered major injuries in a hit-and-run car accident in Santa Ana after an SUV struck her. According to a news report in The Orange County Register, the injury crash occurred in the 400 block of South Birch Street, the evening of December 4, 2012. Police say the girl was walking with her mother when she suddenly darted out into the street. She was struck by a dark-colored SUV and dragged about 15 yards. The girl suffered injuries to her head and body and was transported to an area hospital. She is expected to survive. The driver of the SUV fled the scene. The investigation is ongoing.

My thoughts and prayers are with the young victim of this hit-and-run crash. I wish her the very best for a quick and full recovery.

Pedestrian Accident Statistics

There were six deaths and 134 injuries involving pedestrian accidents in Santa Ana, according to California Highway Patrol’s 2010 Statewide Integrated Traffic Records System (SWITRS). During the same year, 32 people died and 770 were injured as a result of pedestrian accidents countywide.

Leaving the Scene of an Accident

Based on this news account, the SUV’s driver struck the little girl who darted across the roadway, dragged her for a short distance and then drove away leaving her injured and lying on the street. Appalling! Leaving the scene of an injury car accident is not only inhumane and irresponsible, but also illegal. According to California Vehicle Code Section 20001 (a), motorists are required to stop and remain at the scene of an accident, regardless of who was at fault. In addition, they must exchange pertinent information and help the victim obtain assistance. This could be something as simple as calling 911 so the victim gets timely help. However, in this case, the driver chose to do none of the above.

Protecting Victims’ Rights

Victims of hit-and-run collisions or their families would be well advised to contact an experienced injury attorney in Santa Ana, who will stay on top of the official investigation and ensure that their legal rights and best interests are protected. If a dangerous roadway condition caused or contributed to the accident, 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 claim against a public entity must be filed within six months of the incident.

Pedestrian Accidents Among Teens Are On The Rise

When it comes to our children, safety is typically at the forefront of our minds. Our protective instinct is natural and as parents we want to not only protect them from all of the dangers of this world, but we are naturally inclined to teach them survival and independence which includes teaching them safety. These safety tips include being aware of their surroundings when out walking or playing as well as looking both ways when crossing the street.

Teens Are at The Highest Risk For Pedestrian Injuries

According to an ongoing study by Safe Kids Worldwide teens are at the highest risk for pedestrian accident injuries. “The death rate among older teens is now twice that of younger children.” According to the study the main reason is distraction by cell phone use. Unfortunately it is very easy for children especially teens to get distracted and with texting being so popular as a form of communication, teens can be very distracted when walking close to the road and crossing the street.

There has been a decline in the number of vehicle pedestrian deaths and injuries among younger children since 1995 mainly because of education and safety programs; And safety crossing guards have made crossing the streets at intersections for young children much safer when walking to and from school as their job is to stop traffic to let pedestrians cross the street.

This infographic courtesy www.safekids.org shows a clear visual of pedestrian accident statistics:

Pedestrian Accidents Caused By Distracted Drivers

Another reason for the rise of teen pedestrian accidents and pedestrian accidents in general is distracted drivers. Drivers also text and talk on their cell phones while driving. This puts the driver, other motorists, and pedestrians at risk. Even with California’s new texting and driving laws, motorists still text while driving creating a hazardous sand potentially dangerous situation.

Here are 7 safety tips for Pedestrians:

• Always cross the street in crosswalks where there are traffic signals and stop signs. Pedestrians are more likely to get hit by cars because they are crossing the street in the middle of traffic, not at the intersection and it is hard to judge the speed an automobile is traveling making it hard to judge distance of the vehicle. Vehicle pedestrian deaths happen this way when the pedestrian crosses a highway or freeway or busy surface street.
• Look left, right and left again before crossing the street and keep ears and eye open while crossing. Sometimes drivers will look to the left when turning right, but forget to look to the right and this is another way pedestrians get hit.
• Walk across the street, don’t run, when crossing. If you are running you could fall and get injured that way or get hit by a car if you have fallen into the street.
• If possible walk on sidewalks or paths. This might go against what you were taught, but if there is not a sidewalk or walking path then it is best to walk facing traffic and stay as far to the left as possible.
• Many people like to wear headphones when walking,  jogging, or biking. Remove them when walking or riding along the road where there is not a sidewalk or path and remove them when crossing the street.
• Texting or talking on the phone is common nowadays. Walking and texting is just as dangerous as driving and texting. So, it is best to stop walking if you need to make a phone call or text and stand in a safe area away from the road.
• If you are crossing the street at an intersection where there is a stop sign. Do not assume that the motorist sees you. Drivers get distracted and do not always look all ways before going. Try to make eye contact with drivers to ensure they see you before you cross the street.
• If walking or riding a bike at night wear brightly colored clothing or reflective clothing. Bicycles should have reflectors on them and/or a headlight for very dark streets.

For drivers

In the state of California pedestrians have the right of way so give them the right of way. Some intersections do not have stop signs or lights, but will have yellow crossing lights on the road going across all lanes that will blink to alert motorists that a pedestrian needs to cross the street. Be alert in school zones and residential neighborhoods as children may be walking or playing close to the street. In residential neighborhoods children sometimes will run into the street to get a ball, etc. so slow down and be aware.

The best way to avoid a pedestrian accident is to abide by the laws that pertain to motorists and pedestrians as well as common sense. This not only could save your life, it could save you the time, pain and stress of a personal injury lawsuit.

If you have been the victim of a pedestrian accident in California and you believe the other party was at fault, it is in your best interest to talk to an accident injury attorney. Our personal injury lawyers in Orange County have been settling cases for more than 30 years and we specialize in helping victims of vehicle pedestrian accidents in Orange County and all of Southern California.

Call us today at 1-800-561-4887 for a Free, Confidential, No-Obligation Case Consultation. Our Bisnar | Chase Pedestrian Accident Attorneys look forward to answering your questions and assisting you with your case.

Joshua Schmittou, 26, suffered critical injuries in a Temecula car accident after he was struck by a vehicle at a street intersection while skateboarding. According to a news report in The Press-Enterprise, the major injury collision occurred the night of November 7, 2012 at Winchester and Ynez roads.

Police say Schmittou was riding his skateboard across Winchester when an eastbound vehicle driven by Sandra Orlaski hit him. The driver remained at the scene. Schmittou was transported to an area hospital for treatment of his injuries. Alcohol or drugs are not believed to have been factors. Anyone who saw this collision is asked to contact Riverside County Sheriff at 951-696-3000.

My thoughts and prayers go out to Joshua Schmittou who has suffered severe injuries in this crash. I wish him the very best for a speedy and complete recovery. Read the rest »

Leopoldo Aguirre, 67, was fatally injured in a Santa Ana car accident after he was hit by a vehicle at a street intersection, the evening of November 4, 2012. According to a news report in The Orange County Register, the pedestrian accident occurred at Raitt Street and Monte Vista. Police say Aguirre was transported to an area trauma center where he died from his injuries that night. The driver of the Ford Taurus that struck Aguirre remained at the scene. Alcohol did not appear to have been a factor and no arrests or citations were reported.  

I offer my deepest condolences to the family members and friends of Leopoldo Aguirre for their tragic and heartbreaking loss. Please keep them in your thoughts and prayers.

Pedestrian Crash Statistics

According to California Highway Patrol’s 2010 Statewide Integrated Traffic Records System (SWITRS), there were six fatalities and 134 injuries involving pedestrian accidents in Santa Ana. During the same year, 32 people died and 770 were injured due to Orange County pedestrian accidents. Read the rest »

David Cortez, 58, was killed in a Corona collision after a vehicle hit him as he crossed the road, the evening of October 28, 2012. According to a CBS news report, the pedestrian accident occurred near the intersection of Sixth and Merrill streets.

Police say Cortez was walking southbound across Sixth Street when a vehicle driven by Israel Andrade, 23, struck him. Officials suspect Cortez was not in a designated crosswalk when the incident occurred. Cortez died at the scene. Andrade was not arrested or cited. The investigation is ongoing.

I offer my deepest sympathies to the family members and friends of David Cortez for their terrible loss. Please keep them in your thoughts and prayers.

Pedestrian Accident Statistics

One fatality and 28 injuries were reported as a result of pedestrian accidents in Corona, according to California Highway Patrol’s 2010 Statewide Integrated Traffic Records System (SWITRS). During that same year, 190 people died and 7,632 were injured due to pedestrian accidents countywide. Read the rest »