Mohsen Mirfakhraie, 90, was killed in an Irvine car accident after he struck by a vehicle at a street intersection. The Orange County Register reports that the fatal collision occurred at the intersection of Trabuco Road and Monroe the evening of March 8, 2013.
The driver of the vehicle that struck the pedestrian remained at the scene to talk to officials. No arrests or citations were reported. Traffic investigators are still looking into who had the right-of-way in this case. The investigation is ongoing.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2010 Statewide Integrated Traffic Records System (SWITRS), there were no fatalities, but 22 injuries reported as a result of pedestrian accidents in Irvine. In Orange County as a whole, 32 people died and 770 were injured due to pedestrian collisions during the same year.
Who Had the Right-of-Way?
Based on this news report, it appears that the elderly man was crossing at an intersection, which is not regulated by traffic lights. Although there are stop signs at the intersection and one crosswalk, it is not clear where the pedestrian was at the time of the collision and who had the right of way.
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.”
Liability Issues
If the driver of the vehicle is determined to have been at fault, then, he or she can be held liable for the pedestrian’s wrongful death. However, if a dangerous roadway or intersection caused or contributed to the incident, the city or governmental agency responsible for maintaining the roadway can also be held liable. Under California Government Code 911.2, any personal injury or wrongful death claim against a governmental entity must be filed within 180 days of the incident.
An experienced Irvine personal injury lawyer will be able to advise victims and their families in such cases regarding their legal rights and options.
SLS Consulting