A pedestrian was struck and killed in an Anaheim car crash the night of October 3, 2013. According to a news report in the Los Angeles Times, the incident occurred on Ball Road east of the 57 Freeway. Police said the man was in the roadway but not in a crosswalk. The driver of the vehicle stopped at the scene, but was not arrested. The investigation into this fatal crash is still ongoing.
Pedestrian Crash Statistics
There were six fatalities and 92 injuries in Anaheim as a result of pedestrian collisions, according to California Highway Patrol’s 2010 Statewide Integrated Traffic Records System (SWITRS). In Orange County as a whole, 32 people died and 770 were injured due to pedestrian accidents during the same year.
Laws Relating to Pedestrians
It appears from this news report that the pedestrian may not have been in a crosswalk at the time of the collision. 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.”
Fault and Liability
I trust officials are looking at other factors in this case. There are still several unanswered questions here. Was the driver impaired? Was he or she speeding? Was the driver distracted or inattentive at the time? Was there a dangerous or defective condition on the roadway, which may have caused or contributed to this accident? I trust officials are looking into these and other issues in order to determine precisely what occurred here and why.
If the driver is determined to have been at fault, he or she can be held liable for the victim’s wrongful death. Families of deceased victims, in cases where negligence or wrongdoing is involved, can seek compensation for damages including medical expenses, lost future income, funeral costs, pain and suffering and loss of love and companionship.
An experienced Orange County personal injury 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 a wrongful death claim against a governmental entity must be filed within six months of the incident.