California Injury Blog
A woman died in a Cypress car accident after she was struck by a car while crossing a roadway. According to a news report in The Orange County Register, the fatal pedestrian collision occurred at the intersection of Walker and Aspen streets the night of March 30, 2013.
Officials say she was hit in the southbound lanes by a compact car. The victim was transported to an area hospital where she died from injuries related to the crash. The driver was uninjured. Anyone with information about this fatal crash is asked to contact the Cypress Police Department at 714-229-6634.
Pedestrian Accident Statistics
There were no fatalities, but eight injuries reported as a result of Cypress pedestrian accidents, according to California Highway Patrol’s 2010 Statewide Integrated Traffic Records System (SWITRS). In Orange County as a whole, 32 people died and 770 were injured due to pedestrian collisions during the same year.
Laws Relating to Pedestrians
Based on this news report, it appears that the pedestrian was walking across the street at the intersection when she was struck by a southbound car. It is not clear if there was a 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
In this particular case, I trust officials are looking into whether the driver was impaired, inattentive, distracted, speeding or otherwise negligent. If the driver is determined to have been at fault, he or she can be held liable for the victim’s wrongful death. If a dangerous condition on the roadway caused or contributed to the incident, the city or governmental entity responsible for maintaining the roadway can also be held liable. Under California Government Code Section 911.2, any personal injury or wrongful death claim against a governmental entity must be filed within six months of the incident. An experienced Orange County personal injury lawyer will be able to advise victims and their families in such cases regarding their legal rights and options.