California Injury Blog
A woman was fatally injured in a Huntington Beach pedestrian accident on the evening of Feb. 8.
According to a news report in The Daily Pilot, Huntington Beach police responded to the intersection of Beach Boulevard and Heil Avenue to find the pedestrian in the roadway, and a 2004 Toyota Corolla at the scene.
Ongoing Investigation in Huntington Beach
Officials said preliminary investigations showed the Corolla was heading south on Beach when it struck the pedestrian, who they say, was outside the crosswalk. The 76-year-old driver of the Corolla remained at the scene and cooperated with officers. Police at this time don’t believe alcohol or drugs were factors in the collision.
Anyone who may have witnessed the collision or the events leading up to it is urged to contact Huntington Beach police at 714-536-5670. No arrests or citations were reported. The investigation is ongoing.
Laws Relating to Pedestrians
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.”
Whether a pedestrian is walking in or outside a crosswalk, drivers have a duty of care to slow down or stop when they do see pedestrians in the roadway. In this case, it appears that officials are looking for witnesses who can confirm where the pedestrian was at the time of the collision.
Liability Issues
In such cases where negligence or wrongdoing is involved, families of deceased victims may be able to file a wrongful death claim against the at-fault parties. A knowledgeable Huntington Beach pedestrian accident lawyer will be able to analyze all aspects of the incident and ensure that victims’ and families’ legal rights and best interests are protected.
In addition, if a dangerous roadway condition caused the pedestrian accident, the city or governmental agency responsible for maintaining the roadway can also be held liable. Any personal injury or wrongful death claim against a governmental entity must be filed within 180 days of the incident, under California Government Code Section 911.2.
Source: https://www.latimes.com/socal/daily-pilot/news/story/2022-02-09/pedestrian-struck-and-killed-in-traffic-collision-in-huntington-beach