California Injury Blog
An elderly man was killed in a Garden Grove car accident after he was struck by a vehicle while walking in a crosswalk. According to a news report in The Orange County Register, the man was crossing Ward Street near Ballast Avenue in a crosswalk the afternoon of May 5, 2010 when he was hit by a driver traveling north on Ward. Police say another car traveling north on Ward had stopped to allow the pedestrian to cross the street. But a second car failed to stop and ended up striking the pedestrian. The man was pronounced dead at the scene. The driver has not yet been cited or arrested pending an official investigation.
I offer my deepest condolences to the family and friends of this deceased victim for their devastating loss. Please keep them in your thoughts and prayers.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), there were four fatalities and 49 injuries involving pedestrian accidents in Garden Grove. In Orange County as a whole, 31 people died and 785 were injured as a result of pedestrian accidents during the same year.
Right-of-Way Issues
Based on this news report, it appears that the second driver did not yield right-of-way to the pedestrian, who was walking in a marked crosswalk. The news report also states that a new signal was in place at the crosswalk, but had not yet been activated. California law requires motorists to yield right-of-way to pedestrians in marked or unmarked crosswalks.
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
If the driver is determined to have been at fault in this incident, he or she could be held liable for the pedestrian’s wrongful death. If there was a dangerous condition on this roadway, the city could be held liable for the accident as well. It is not clear why a pedestrian crossing signal was in place, but was not working. Please remember that any claim against a government entity must be filed within 180 days of the accident or injury. The best Garden Grove personal injury lawyers will always offer a free consultation and comprehensive case evaluation to injured victims and their families.
What can cities and governmental agencies do to make roadways safer for pedestrians?
The Bisnar Chase Personal Injury Attorneys is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.