A woman suffered head injuries in a Fountain Valley car accident after she was struck while crossing the street. According to a news report in The Orange County Register, the injury crash occurred the night of May 30, 2013 on Brookhurst Street south of Ellis Avenue. Police say the woman was crossing a dimly lighted part of Brookhurst outside a crosswalk when a vehicle being driven by a 28-year-old Yorba Linda woman, struck her. The driver stopped and remained at the scene. The victim was transported to a local trauma center with head injuries. The severity of her injuries is unknown at this point. The driver has not been cited or arrested pending an official investigation.
One fatality and 12 injuries were reported in Fountain Valley as a result of pedestrian accidents in 2010, according to California Highway Patrol’s 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.
Based on this news report, officials say that the woman was walking outside a crosswalk when she was hit. 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 into whether the driver was speeding, distracted or otherwise negligent at the time of the incident. If the driver is determined to have been at fault, she could be held liable for the head injuries and damages. The article also states that the section of Brookhurst Street, where the pedestrian was crossing, was poorly lighted.
If a dangerous roadway condition caused or contributed to this incident, the city or governmental agency responsible for maintaining the roadway
can also be held accountable. Any personal injury claim against a governmental agency must be filed within six months of the incident. An experienced Orange County personal injury lawyer will be able to advise victims and their families regarding their legal rights and options.