California Injury Blog
A 70-year-old man was killed in a Buena Park pedestrian accident after being struck by a pickup truck near the 91 Freeway.
According to a news report in the Orange County Register, the fatal collision occurred the evening of December 17, 2014 on the
Orangethorpe Avenue on-ramp leading to the eastbound 91.
The man was walking south in a marked crosswalk and was struck by a silver Chevy pickup truck driven by a 63-year-old Tustin man.
California Highway Patrol officials said the driver stopped to render aid to the pedestrian, but the victim died from his injuries. No charges have been filed against the driver. CHP is looking for anyone who may have witnessed this incident.
Those with information are asked to call 714-892-4426. The investigation is ongoing.
Our deepest condolences go out to the family members and friends of this deceased victim. Please keep them in your thoughts and prayers.
Pedestrian Accident Statistics
According to CHP’s Statewide Integrated Traffic Records System (SWITRS), there were four fatalities and 19 injuries involving pedestrians in Buena Park.
In Orange County as a whole, 47 people died and 808 were injured due to pedestrian accidents during the same year.
Crosswalk Laws
Based on this news report, it appears that the driver failed to yield the right-of-way to the pedestrian who was walking in a marked crosswalk at the time.
California Vehicle Code section 21950 states: “The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.”
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
In such cases, if the driver is determined to have been at fault, he or she could be held liable for the victim’s wrongful death. Family members of the deceased victim can file a wrongful death claim seeking compensation for damages including medical and funeral costs, lost future income and loss of love and companionship.
A knowledgeable Buena Park personal injury lawyer will also be able to determine whether a dangerous roadway condition 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 any personal injury or wrongful death claim against a governmental entity must be filed within 180 days of the incident.