California Injury Blog
Michael Talbutt, 62, was killed in a Huntington Beach car accident after he was struck by a vehicle while crossing a city intersection. According to a news report in The Orange County Register, Talbutt was crossing at the intersection of Newland Street and Lomond Drive the afternoon of September 10, 2010, when a 2001 Chevy Malibu traveling south on Newland hit him.
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Talbutt was critically injured and was transported to a local hospital for treatment. He died shortly afterward. The 28-year-old driver of the car was uninjured. Police do not believe alcohol or drugs were factors. No citations or arrests have been made pending an official investigation. Anyone who saw this fatal pedestrian accident is asked to call Huntington Beach police accident investigator Robert Barr at 714-536-5666.
I offer my deepest condolences to the family and friends of Michael Talbutt for their tragic and heartbreaking loss. Please keep them in your thoughts and prayers.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), there were five fatalities and 59 injuries involving pedestrian accidents in Huntington Beach. In Orange County as a whole, 31 people died and 785 were injured as a result of pedestrian accidents during the same year.
Laws and Liability Issues
Based on this news report, it appears that Talbutt was crossing at a street intersection at the time of the collision. However, it is not clear whether Talbutt was in a crosswalk or whether he was walking in traffic lanes. I trust officials are also looking into whether the driver of the Malibu was distracted, speeding or driving recklessly at the time.
California law requires motorists to yield 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.”
In such cases, families of deceased victims would be well-advised to contact an experienced Huntington Beach personal injury lawyer, who will analyze all aspects of the collision and ensure that the negligent parties are held liable. A knowledgeable car accident lawyer will also be able to advise victims’ families about how their auto insurance policy might apply to an incident where the at-fault motorist is uninsured or underinsured.
What are some of the most dangerous roadways for pedestrians in your city or neighborhood?
The Bisnar Chase Personal Injury Attorneys is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.