California Injury Blog
A 35-year-old man was critically injured in an Orange County pedestrian accident after he was struck while crossing the street.
According to a news report in The Orange County Register, the major injury collision occurred early morning on July 19, 2014 in the 1800 block of Katella Avenue.
Police say the pedestrian was walking from the Angels baseball game with several others when a car driven by a 23-year-old man traveling west on Katella struck him.
The pedestrian sustained
life-threatening injuries and was taken to a trauma center. It is not known is alcohol or drugs were a factor. Police suspect that the pedestrian was outside a crosswalk when he was hit. No arrests or citations were reported. Anyone with information is asked to call investigators at 714-744-7460.
Our thoughts and prayers are with the critically injured pedestrian. We wish him the very best for a speedy and complete recovery.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2011 Statewide Integrated Traffic Records System (SWITRS), there were two fatalities and 46 injuries reported as a result of pedestrian accidents in the city of Orange.
In Orange County as a whole, 38 people died and 773 were injured due to pedestrian collisions during the same year.
Right-of-Way Issues
Based on this news report, it appears that the pedestrian may not have been in the crosswalk at the time of the collision. However, we trust police are looking at a number of different factors in this case.
Did alcohol or drugs play a part? Was excessive speed a factor? Was the motorist distracted, inattentive or reckless? Did the motorist fail to yield the right-of-way to the pedestrian?
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.”
Fault and Liability
In such cases, the at-fault motorist can be held liable for the pedestrian’s injuries, damages and losses. Injured victims can seek compensation for damages including medical expenses, lost wages, hospitalization, rehabilitation, pain and suffering and emotional distress.
A knowledgeable Orange County personal injury lawyer 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 also be held liable.
Please remember that any personal injury claim against a governmental entity must be filed within 180 days of the incident.