California Injury Blog
Mara Garcia, 13, was killed in a Huntington Beach pedestrian accident after a car struck her.
According to a news report in The Orange County Register, the fatal crash occurred the night of June 13, 2015 at Pacific Coast Highway and Ecology Way near the entrance to the Bolsa Chica State Beach.
The driver, a 62-year-old Huntington Beach man, remained at the scene.
When police arrived, the girl was unresponsive and not breathing. She was transported to an area hospital in critical condition where she died.
Anyone with information is asked to contact Huntington Beach police at 714-536-5666 or 714-960-8825.
An investigation is still ongoing and no arrests or citations have been reported.
Our deepest condolences go out to the family members of Mara Garcia for their tragic and heartbreaking loss. Please keep them in your thoughts and prayers.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2012 Statewide Integrated Traffic Records System (SWITRS), there were three fatalities and 70 injuries involving pedestrian accidents in Huntington Beach.
In Orange County as a whole, 47 people died and 808 were injured as a result of pedestrian accidents during the same year.
Crosswalk Laws
Based on this news report, it is unclear if Mara Garcia was on the roadway or if she was walking in a marked or unmarked crosswalk at the time of the incident.
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.”
Fault and Liability
If the driver in this case is determined to have been at fault, he can be held liable for the injuries, damages and losses caused.
In cases where negligence or wrongdoing is involved families of deceased crash victims can file a wrongful death lawsuit seeking compensation for damages including medical and funeral expenses, lost future income, pain and suffering and loss of love and companionship.
An experienced Huntington Beach personal injury attorney will also be able to determine whether a dangerous condition on the roadway caused or contributed to the accident.
If that was the case, the governmental entity responsible for maintaining the roadway can also be held liable.
Please remember that any claim against a governmental entity must be filed with 180 days of the incident.