Jiuan Aylward, 81, was killed in an Orange pedestrian accident after she was run over by a vehicle while crossing the street early morning on June 23, 2017. According to a news report in The Orange County Register, the fatal pedestrian accident occurred when Aylward was crossing the street at the intersection of North Canal Street and East Vista Del Playa Avenue, and was hit by a pickup truck.
There was no crosswalk at that location. The driver of the truck stopped, called 911 and remained at the scene until authorities arrived. Aylward was transported to an area hospital where she died from her injuries several hours later. The driver has not been cited or arrested. Alcohol or drugs were not involved, police said. The investigation is ongoing.
Our heartfelt condolences go out to the family members of Jiuan Aylward for their tragic loss. Please keep them in your thoughts and prayers.
Pedestrian Accident Statistics
There were two fatalities and 41 injuries reported as a result of pedestrian accidents in the city of Orange in 2013, according to the California Statewide Integrated Traffic Records System (SWITRS). In Orange County as a whole, 52 people died and 784 were injured due to pedestrian accidents during the same year.
Laws Relating to Pedestrians
Based on this news report, it appears that the pedestrian was crossing at an intersection where there was no crosswalk. 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.”
Fault and Liability
In such cases, it is important for authorities to look into whether the driver was distracted, speeding or in any way negligent at the time of the collision. If that was the case, the driver can be held financially responsible for the pedestrian’s wrongful death even if there are no criminal charges filed or citations issued.
An experienced Orange County pedestrian accident lawyer can also help determine whether a dangerous condition on the roadway such as lack of a crosswalk or lack of proper lighting caused or contributed to the fatal incident. If that was the case, the city or governmental agency responsible for maintaining that 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.