A 61-year-old man sustained major injuries in an Orange County pedestrian accident after he was struck by a vehicle near San Clemente High School the night of August 1, 2010. The Orange County Register reports that the man suffered head injuries and a broken leg when a 16-year-old driver hit him. The injury pedestrian accident happened in the 700 block of Avenida Pico. So far, no citations have been issued. Authorities are investigating the crash.
My heart goes out to the injured pedestrian and his family for what they are going through at this time. I pray that this man recovers quickly and completely from the serious injuries he has suffered.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), there were two fatalities and 13 injuries involving pedestrian accidents in San Clemente. During the same year, 31 pedestrians were killed and 818 were injured in Orange County.
Laws Relating to Pedestrians
Based on this news report, it is not very clear where the pedestrian was at the time. Was he walking across the street? Was he walking along the side of the road? Who had the right-of-way at the time of the collision? Under California laws, motorists are required to yield right-of-way to pedestrians in marked or unmarked crosswalks.
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.”
If the driver is determined to have been at fault, then he or she could be held liable for the victim’s serious injuries. In such cases, injured victims can seek compensation to cover medical expenses, loss of earnings, cost of hospitalization, rehabilitation and even long-term care if the injuries are catastrophic in nature. An experienced Orange County pedestrian accident lawyer will be able to advise injured victims and their families about their legal rights and options.
Are there any areas in your city or neighborhood that are unsafe for pedestrians?
The Bisnar Chase Personal Injury Attorneys is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.