A 43-year-old woman suffered major injuries in a Laguna Niguel car accident after a vehicle struck her at a street intersection. The Orange County Register reports that the collision occurred the afternoon of October 1, 2012 at the intersection of Moulton Parkway and Aliso Niguel. Police say that the driver of a 1997 Honda Civic was traveling south in the number one lane of Moulton when he hit the female pedestrian who was walking westbound in a crosswalk on Aliso.
The victim was transported to an area hospital with critical head trauma and leg injuries. The driver, a 45-year-old man, was treated and released from the hospital for minor injuries. Orange County Sheriff’s Department traffic investigators are looking into who had the right-of-way at the intersection. No arrests or citations have been reported. The investigation is ongoing.
My thoughts and prayers are with the injured victim, who is reportedly in critical condition. I wish her the very best for a speedy and complete recovery.
There were no fatalities, but seven injuries occurred in Laguna Niguel as a result of pedestrian collisions in 2010, according to California Highway Patrol’s Statewide Integrated Traffic Records System(SWITRS). During the same year, 32 people died and 770 were injured due to pedestrian accidents in Orange County.
Pedestrians’ Right-of-Way Issues
Based on this news report, the pedestrian was walking in the crosswalk when the Honda struck her. It is not clear if the driver of the Honda failed to yield the right-of-way to the pedestrian who was crossing the street at the intersection. California Vehicle Code Section 21950 (a) requires motorists to yield the right-of-way to pedestrians who are walking in marked or unmarked crosswalks.
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.”
Fault and Liability
If the driver in this case is determined to have been at fault, he can be held liable for the injuries and damages caused. In cases where negligence is involved, injured victims can seek compensation for damages including medical expenses, lost earnings, hospitalization, therapy, pain and suffering, and emotional distress.
If a dangerous or defective condition at this intersection caused or contributed to this incident, then, the governmental agency responsible for maintaining the roadway can also be held liable. An experienced Orange County personal injury lawyer can help car accident victims obtain the compensation they rightfully deserve as well as guide them through the many complex issues that may arise in such cases.