California Injury Blog
A man was killed in a Santa Ana pedestrian accident while crossing the street the night of April 26. According to a news report in The Orange County Register, Santa Ana police responded to the intersection of Harbor Boulevard and First Street after getting reports of a “man down.” He had suffered major injuries and emergency personnel began to treat him at the scene.
Ongoing Investigation
The gravely injured pedestrian was then transported to a local hospital but was pronounced dead at the hospital. Police said the car that struck the man was headed west on First Street at the time of the incident. The driver remained at the scene and cooperated with the investigation, police said. No arrests or citations were reported pending an ongoing investigation. Anyone with information about the crash is asked to contact Santa Ana police at 714-245-8223.
We offer our deepest condolences to the family members of the deceased victim for their tremendous loss. Please keep them in your thoughts and prayers.
Laws and Liability Issues
Based on this news report, it is unclear as to what caused this fatal pedestrian accident. It appears to have occurred at a large and busy intersection in Santa Ana, which has traffic lights and crosswalks. California law states that motorists have a duty to stop and yield the right of way to pedestrians in both marked and 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.”
In such cases, the driver, if found to have been at fault or negligent, can be held liable for the victim’s wrongful death. Family members of the deceased victim may be able to file a wrongful death lawsuit seeking compensation for damages such as medical expenses, funeral costs, lost future income, pain and suffering and loss of love, care and companionship.
An experienced Santa Ana pedestrian accident lawyer will also be able to determine whether a dangerous roadway condition may have caused the accident. If that was the case, the governmental agency responsible for maintaining the roadway can also be held liable. Please remember that any such claim against a governmental agency must be filed within 180 days of the incident.
Source: https://www.ocregister.com/2021/04/27/pedestrian-fatally-struck-monday-night-in-santa-ana/