A 59-year-old woman walking two dogs was injured in a Fountain Valley pedestrian accident the afternoon of October 18, 2014.
According to a news report in the Orange County Register, the injury collision occurred as the woman was walking across Euclid Street at Lavender Avenue.
A black 2014 Toyota Camry going south on Euclid
struck her. There are no traffic controls at that intersection and the woman was not walking in a crosswalk, officials said. The injured pedestrian was transported to a local hospital for treatment. Alcohol or drugs are not suspected. No citations or arrests were reported. The investigation is ongoing.
Our thoughts and prayers are with the injured pedestrian. We wish her the very best for a speedy and complete recovery.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2012 Statewide Integrated Traffic Records System (SWITRS), there were three fatalities and 15 injuries reported as a result of pedestrian accidents in the city of Fountain Valley.
In Orange County as a whole, 47 people died and 808 were injured due to pedestrian accidents during the same year.
Laws Relating to Pedestrians and Drivers
Based on this news report, there were no traffic controls such as stop signs, crosswalks, or stoplights at this intersection. The woman was crossing the street when she was hit.
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.”
We trust officials are also looking into how fast the driver was going and whether she was distracted or otherwise negligent at the time. In cases where the driver is at fault, injured victims in such cases can seek compensation from the at-fault party for damages including medical expenses, lost wages, hospitalization, rehabilitation, pain and suffering and emotional distress.
An experienced Orange County personal injury attorney will also be able to determine if a dangerous roadway condition caused or contributed to this incident. If that was the case, the city or governmental agency responsible for maintaining the roadway can also be held liable.
Under California Government Code Section 911.2, any personal injury claim against a governmental agency must be filed within 180 days of the incident.