Tien Chou, 85, was fatally injured in an Orange County car accident after he was struck by a vehicle the evening of December 30, 2010. According to a news report in The Orange County Register, the fatal pedestrian accident occurred in the 2400 block of West Broadway near Hampton Street in Anaheim. Chou was crossing the street when a Honda sport utility vehicle in the eastbound lanes hit him. He was transported to an area trauma center where he died shortly after the accident. Police are investigating the cause of this fatal pedestrian accident.
I offer my deepest condolences to the family and friends of Tien Chou for their tremendous loss. Please keep them in your thoughts and prayers.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), one person died and 73 were injured as a result of pedestrian accidents in Anaheim. In Orange County as a whole, 31 fatalities and 785 injuries were reported as a result of pedestrian accidents during the same year.
Based on this news report, officials are saying that the elderly pedestrian, Chou, was not in a crosswalk when he was walking across Broadway. California law requires motorists to yield right-of-way to pedestrians 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.”
The same section also states: “This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.”
In this case, if the driver is eventually determined to have been at fault, then he or she could be held liable for Chou’s death. I trust officials are looking into whether the driver was impaired, distracted, speeding or otherwise negligent. An experienced Orange County personal injury lawyer will also be able to determine whether a dangerous roadway condition may have caused or contributed to this fatal pedestrian accident. If that was the case, the city or governmental agency responsible for maintaining that roadway could also be held liable. Please remember that any such claim against a government entity must be filed within 180 days of the incident, under California Government Code Section 911.2.
Lost a family member in an Orange County car accident? Want to know your rights? Want to know what your case is worth? Want compensation? Want justice? Want to ensure the same thing doesn’t happen to another family?
Call your best friends in the legal industry after a fatal Anaheim pedestrian accident. Call 800-481-8656. The call is free. The advice may be priceless.
Call a Bisnar Chase Personal Injury Attorneys Orange County wrongful death lawyer for a free professional evaluation of your rights by attorneys who have been representing families of deceased accident victims since 1978. You will experience award winning representation and outstanding personal service by a compassionate and understanding law firm in a comfortable environment.