California Injury Blog
Francisco Velasquez Ramirez, 72, Santa Ana was injured in a pedestrian accident after a school bus struck him in a marked crosswalk.
According to a news report in The Orange County Register, the injury collision occurred the afternoon of May 11, 2015.
Officials say the man was going east on West Wilshire Avenue when he was signaled to
walk across South Bristol Street in a crosswalk.
As Ramirez was crossing, a woman driving six children in a yellow school bus turned left onto South Bristol Street from West Wilshire Avenue. The woman apparently did not see Ramirez crossing and the right front mirror of the bus struck him, knocking him to the ground.
He was transported to an area trauma center with non-life-threatening injuries. None of the children in the school bus were injured. No citations or arrests were reported.
Pedestrian Accident Statistics
Seven people were killed and 35 were injured as a result of pedestrian accidents in Santa Ana, according to California Highway Patrol’s 2012 Statewide Integrated Traffic Records System (SWITRS).
In Orange County as a whole, 47 fatalities and 808 injuries were reported due to pedestrian crashes during the same year.
Crosswalk Laws
Based on this news report, it appears that the school bus driver failed to see the pedestrian who was walking in a marked crosswalk with the green light.
Under California law, all motorists are required to stop and yield the right-of-way to pedestrians who are 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.”
Liability Issues
In this particular case, if the bus driver is determined to have been negligent, she and her employer could be held liable for the injuries and damages caused. The injured victim here can seek compensation for damages such as medical expenses, lost wages, hospitalization, rehabilitation, pain and suffering and emotional distress.
An experienced Santa Ana personal injury lawyer will also be able to determine whether a dangerous condition at that intersection 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.
Under California Government Code 911.2, any such personal injury claim must be properly filed within six months of the incident.