California Injury Blog
Wei Lan Shi, 57, was killed in an Anaheim pedestrian accident after she was struck by a vehicle while crossing a major roadway. According to a news report in The Orange County Register, the fatal collision occurred the night of April 26, 2013. Police say Shi was walking across the roadway in the 700 block of Beach Boulevard outside a crosswalk when a northbound pickup truck hit her. Officials say Shi was a tourist from China. She was pronounced dead at the scene. The investigation is ongoing.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2010 Statewide Integrated Traffic Records System (SWITRS), there were eight fatalities and 101 injuries involving pedestrian accidents in Anaheim. In Orange County as a whole, 41 people died and 864 were injured due to pedestrian collisions during the same year.
Laws Relating to Pedestrians
Based on this news report, officials say Shi was crossing a major thoroughfare outside a marked crosswalk. 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
There are still several unanswered questions here. Was there a crosswalk near where Shi was crossing? Was there a dangerous condition on the roadway, which caused or contributed to the incident? Was the driver speeding at the time? Was the driver of the pickup truck impaired or distracted? I trust officials are looking into these and other issues in order to determine precisely what occurred here and why.
If the driver of the pickup is determined to have been at fault, then, he or she can be held liable for the victim’s wrongful death. A knowledgeable Anaheim personal injury lawyer will also be able to determine whether a dangerous condition on the roadway caused or contributed to the crash. If that was the case, 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 or wrongful death claim against a governmental agency must be filed within 180 days of the incident.