California Injury Blog
Ricardo Rivas, 60, was killed in a Santa Ana pedestrian accident after a person driving a work truck hit him.
According to a new report in the Orange County Register, the fatal crash occurred the morning of January 20, 2014 at the intersection of East Edinger Avenue and Maple Street.
When officers arrived at the scene, they found a man, later identified as Rivas, lying in the westbound lanes of East Edinger Avenue.
He was
pronounced dead at the scene.
Investigators say Rivas was crossing East Edinger Avenue in or near a crosswalk when a stake bed truck driving west on the street hit him. Since the collision occurred so close to a crosswalk, police say he could have been in the crosswalk or near it.
The truck’s driver stopped at the scene and talked with officials. No arrest or citation was reported. The driver told police that he had the green light when he drove through the intersection. The investigation is ongoing.
We offer our deepest condolences to the family members and friends of Ricardo Rivas for their tragic loss. Please keep them in your thoughts and prayers.
Pedestrian Accidents
According to California Highway Patrol’s 2012 Statewide Integrated Traffic Records System (SWITRS), there were seven fatalities and 135 injuries involving pedestrian accidents in Santa Ana.
In Orange County as a whole, 47 people died and 808 were injured due to pedestrian accidents during the same year.
Laws Involving Pedestrians
Based on this news report, it appears that Rivas may have been walking in a crosswalk when the truck hit him.
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 this particular case, if the driver is determined to have been at fault, he and his employer could be held liable for the victim’s wrongful death. In cases where negligence is involved, families of deceased victims could seek compensation for damages including medical expenses, funeral costs, lost future income, pain and suffering and loss of love and companionship.
A knowledgeable Santa Ana personal injury lawyer will also be able to determine if 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. In such cases, claims must be filed within 180 days of the incident.
The best personal injury law firms will always provide free and comprehensive consultations to injured victims and their families.