California Injury Blog
A pedestrian was critically injured in an Irvine car accident after being struck by a vehicle, the night of February 21, 2012. According to a news report in The Orange County Register, the major injury crash occurred at the intersection of Von Karman Avenue and Main Street. Police say the collision with the car at the street intersection caused life-threatening injuries to the pedestrian. The victim was transported to an area trauma center. The investigation is ongoing.
My thoughts and prayers are with the seriously injured pedestrian. I wish this injured victim the very best for a speedy and complete recovery.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), there were three fatalities and 31 injuries involving Irvine pedestrian accidents. In Orange County as a whole, 41 people died and 864 were injured due to pedestrian accidents, during the same year.
Crosswalk Laws
Based on this news report, it is unclear as to how or why this major injury pedestrian accident occurred. It is not known if the victim was walking in a crosswalk. Under California law, motorists are required to yield the right-of-way to pedestrians walking 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
I trust officials are also looking into whether the driver was under the influence, speeding, distracted or otherwise negligent at the time. If the driver is determined to have been at fault, then, he or she can be held liable for the injuries and damages caused. Injured victims in such cases can seek compensation to cover medical expenses, loss of wages, hospitalization, rehabilitation and other related damages.
An experienced Irvine personal injury lawyer will be able to determine whether a dangerous condition on the roadway or at the intersection may have 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. Under California Government Code Section 911.2, any personal injury claim against a governmental entity must be filed within 180 days of the incident.