California Injury Blog
David Stame, 54, was fatally injured in a Huntington Beach pedestrian accident. According to a report in The Orange County Register, the incident occurred on the night of June 26th at the intersection of Bolsa Chica Street and Warner Avenue. Police said the 66-year-old driver of a gray 2018 Hyundai Elantra was traveling west on Warner Avenue when the vehicle struck Stame who was crossing northbound at Bolsa Chica near Warner.
Ongoing Investigation
Officers responded to the intersection and found Stame suffering from extensive injuries. He was transported to an area hospital where he was pronounced dead. Neither alcohol nor drugs were considered factors in the crash. Officers are still looking into whether the pedestrian was walking in a marked crosswalk at the time of the crash or if the vehicle yielded to the pedestrian. Anyone who witnessed this fatal accident is asked to contact Huntington Beach police at 714-536-5670.
We offer our deepest condolences to the family members of David Stame for their tragic loss. Please keep them in your thoughts and prayers.
Laws and Liability Issues
Based on this news report, it appears that the fatal collision occurred at an intersection that has traffic lights and marked crosswalks. Therefore, it will be important for police to determine whether the pedestrian was walking in the crosswalk and whether the driver had the light at the time. California Vehicle Code 21950 (a) requires motorists to stop at a crosswalk and yield the right of way to pedestrians who are crossing the street. Drivers can proceed only when it is safe to do so.
In cases where it is determined that the driver did not have the right of way, families of deceased victims can seek compensation for their losses by filing a wrongful death lawsuit against the at-fault driver. It is important to remember that families may be able to seek compensation even in cases where the pedestrian was not walking in a crosswalk.
If the plaintiff can prove that the driver was negligent and did not exercise due care as required under the law, he or she can seek compensation in such cases. An experienced Huntington Beach pedestrian accident lawyer will be able to help victims and families of victims better understand their legal rights and options.
Source: https://www.ocregister.com/2020/06/28/pedestrian-fatally-struck-by-vehicle-in-huntington-beach-identified/