California Injury Blog
A male pedestrian was seriously injured in a Buena Park car accident after a vehicle struck him as he attempted to cross a roadway. According to a news report in The Orange County Register, the injury collision occurred the night of March 27, 2012 on Knott Avenue, north of Lincoln Avenue. Police say the man was in the northbound lanes of Knott walking outside a crosswalk when a car hit him. The female driver of the vehicle remained at the scene. She was not cited or arrested. The pedestrian was transported to an area trauma center with leg and head injuries. An investigation is ongoing.
My thoughts and prayers are with the injured victim of this Buena Park pedestrian accident. Please keep him in your thoughts and prayers.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), pedestrian accidents in Buena Park claimed the life of one person and injured 29 people. In Orange County as a whole, 41 fatalities and 864 injuries were reported due to pedestrian accidents, during the same year.
Laws Relating to Pedestrians
Based on this news report, the pedestrian was walking outside a marked crosswalk. 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.”
Liability Issues
I trust officials are looking into whether the driver here was distracted, inattentive, exceeding the speed limit, or otherwise negligent at the time. In such cases, injured victims may be able to seek compensation to cover damages such as medical expenses, loss of wages, hospitalization, rehabilitation and other related expenses. Victims would be well advised to contact an experienced Orange County personal injury lawyer, who will stay abreast of the official investigation and ensure that their legal rights and best interests are protected.
A skilled car accident attorney 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 be held liable. Any governmental claim involving personal injury must be filed with six months of the incident under California Government Code Section 911.2.