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Fatal Pedestrian Accident in Garden Grove

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A 71-year-old man who was crossing a street in Garden Grove was struck and killed by a vehicle the night of December 8, 2017. According to a news report in The Orange County Register, the incidents occurred in the southbound lane of Brookhurst Street just north of Bixby Avenue. The man, crossing eastbound in an area that wasn’t marked by a crosswalk, was struck by a blue 2004 Infiniti G35 driven by a 22-year-old man. The pedestrian died at the scene.

The driver of the Infiniti remained at the scene and cooperated with the authorities. It did not appear that alcohol or drugs were a factor in this fatal incident. No arrests or citations were reported. The investigation is pending and officials are asking anyone with information to contact Garden Grove police at 714-741-5823.

Our heartfelt condolences go out to the family members of this pedestrian who has been tragically killed. Please keep them in your thoughts and prayers.

Pedestrian Accident Statistics

Four people were killed and 45 were injured as a result of pedestrian accidents in the city of Garden Grove, according to California Highway Patrol’s 2014 Statewide Integrated Traffic Records System (SWITRS). In Orange County as a whole, 47 people died and 764 were injured due to pedestrian accidents during the same year.

Laws Involving Pedestrians

Based on this news report, it appears that the pedestrian was walking in an area that wasn’t marked by a crosswalk. However, there are still a number of details we don’t know here. Was the driver of the vehicle distracted at the time? Was he or she operating the vehicle within the speed limit? Did a dangerous roadway, such as lack of a crosswalk or proper lighting, cause or contribute to this fatal pedestrian accident?

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, if the driver is determined to have been negligent, he or she can be held liable for the pedestrian’s wrongful death. If a dangerous roadway or intersection causes or contributed to an accident, the city or governmental entity responsible for maintaining that roadway can also be held liable. An experienced Garden Grove personal injury lawyer can help injured victims and their families better understand their legal rights and options in such cases.

 

Source: http://www.ocregister.com/2017/12/09/pedestrian-71-killed-while-crossing-garden-grove-street/

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