California Injury Blog
A 92-year-old man was critically injured in a Costa Mesa pedestrian accident after a 95-year-old driver struck him.
According to a news report in the Daily Pilot, the injury collision occurred near the intersection of Baker Street and Loren Lane the evening of November 8, 2014.
Police say the pedestrian was
crossing the roadway from the north side of Baker when the driver hit him.
The pedestrian was in critical condition at a regional trauma center. Officials said the pedestrian was not in a crosswalk at the time. They don’t believe alcohol or drugs were involved. No citations or arrests were reported.
Police said they were not going to ask the DMV for a reevaluation of the elderly driver’s license. Anyone with information about the crash is asked to contact 714-754-5264.
Our thoughts and prayers are with the severely injured pedestrian. We wish him the very best for a speedy and complete recovery. Our legal practice handles a number of pedestrian accident cases caused both by negligent drivers and dangerous Orange County roadways or intersections.
Costa Mesa Crash Statistics
There were no fatalities, but 41 injuries involving pedestrian accidents in the city of Costa Mesa, according to California Highway Patrol’s 2012 Statewide Integrated Traffic Records System (SWITRS).
Also, in the city, one fatality and 800 injuries were reported due to traffic collisions during the same year.
Laws and Liability Issues
Based on this news report, it appears that the pedestrian was walking outside a crosswalk when he was struck and seriously injured.
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.”
We trust officials are looking into whether the driver was speeding, negligent or otherwise inattentive at the time. It is also not clear if a dangerous roadway condition caused or contributed to the incident.
In such cases, injured victims can seek compensation from the at-fault parties for damages including medical expenses, lost wages, hospitalization, rehabilitation, permanent injuries, pain and suffering and emotional distress.
An experienced Costa Mesa personal injury attorney will be able to advise injured victims in such cases regarding their legal rights and options.