California Injury Blog
Thu Nguyen, 81, was fatally injured in a Garden Grove car accident after a car struck her. According to a news report in The Orange County Register, the fatal pedestrian accident occurred the morning of August 27, 2012 at the intersection of Lampson Avenue and Strathmore Drive. Investigators say Nguyen was walking south across Lampson Avenue when a car traveling east on Lampson hit her. The male driver stopped and waited with the victim until police and paramedics arrived. Police do not believe alcohol or drugs were involved. No arrests or citations were reported. Anyone who witnessed this crash is asked to contact police at 714-741-5823.
I offer my deepest condolences to the family members and friends of Thu Nguyen for their tragic loss. Please keep them in your thoughts and prayers.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2010 Statewide Integrated Traffic Records System (SWITRS), there were three fatalities and 44 injuries involving Garden Grove pedestrian accidents. In Orange County as a whole, 32 people died and 770 were injured due to pedestrian accidents, during the same year.
Crosswalk Laws
Based on this news report, it appears that Nguyen was walking at a street intersection. But it is not clear if she was walking in a marked or unmarked crosswalk. 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, then, he can be held liable for Nguyen’s wrongful death. A knowledgeable Garden Grove personal injury lawyer will be able to determine whether a dangerous condition on the roadway caused or contributed to this fatal accident. If that was the case, the city or governmental agency 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 public entity must be properly filed within six months of the incident.