A 42-year-old man killed in a pedestrian versus auto accident in Huntington Beach on December 6, 2008 has been identified as Isidoro Cardozo. According to this news report in The Orange County Register, Cardozo was attempting to cross Beach Boulevard near Slater Avenue when he was struck by a vehicle traveling north on Beach Boulevard.
Huntington Beach police officials said Cardozo died five hours after the accident. The driver, who stopped after the crash, was not cited or arrested pending a police investigation. Officials say that based on their preliminary investigation, the driver did not seem to have committed any violations. But officials also have not confirmed whether or not Cardozo was walking in a crosswalk.
My heart goes out to the family of Isidoro Cardozo for their heartbreaking loss. I offer my deepest condolences to them.
It would be very important in this case to find eyewitnesses who can tell officials exactly what happened in this Huntington Beach pedestrian accident. Although officials say their initial investigations show the motorist was not at fault, I believe this may not be accurate, especially when they are not sure whether or not the pedestrian was in a crosswalk. According to California Vehicle Code Section 21950 (a): “The driver of a vehicle shall yield right-of-way to a pedestrian crossing the roadway within any marked crosswalks or within any unmarked crosswalks at an intersection.”
Section (c) of the same code also states: “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 the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.”
I urge the family of Isidoro Cardozo to contact an experienced Orange County pedestrian accident attorney, who will help them determine the parties who should be held responsible for this accident. As a law firm that represents Orange County auto accident victims, we see often that preliminary investigative reports are erroneous or inaccurate. Law enforcement agencies often do not have the resources to pursue or thoroughly investigate auto accident cases as they should.
A skilled personal injury lawyer will also look into other factors that may have played a part in the crash such as a dangerous roadway or intersection. If it is determined that a dangerous roadway contributed to this accident then the government agency responsible for maintaining that roadway could be held liable. Please remember that any claim against a government agency must be properly filed within six months of the accident.