A woman identified as Robanna Nies was fatally injured in a Huntington Beach car accident.
According to a news report in The Orange County Register, the fatal collision occurred at the intersection of Main and Florida streets the morning of June 21, 2014.
When officers and firefighters arrived at the scene, they found Nies
lying partially underneath the truck that hit her. She was transported to a trauma center where she died. The driver of the truck, who remained at the scene, was not cited or arrested pending an official investigation. Anyone with information is asked to contact Huntington Beach police at 714-536-5670.
Our deepest condolences go out to the family members and friends of Robanna Nies for their tragic loss. Please keep them in your thoughts and prayers.
Huntington Beach Pedestrian Accidents
According to California Highway Patrol’s 2011 Statewide Integrated Traffic Records System (SWITRS), there were three fatalities and 63 injuries involving pedestrian accidents in the city of Huntington Beach.
In Orange County as a whole, 38 people died and 773 were injured due to pedestrian accidents during the same year.
Pedestrian’s Right-of-Way Issues
Based on this news report, it is not clear exactly how this collision occurred. There are several unanswered questions here. Was the pedestrian walking in a crosswalk? Who had the right-of-way at the time? Was the driver impaired, speeding or otherwise negligent at the time?
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.”
Fault and Liability
In this particular case, if the driver is determined to have been at fault, he or she can be held liable for the victim’s wrongful death.
A knowledgeable Huntington Beach personal injury lawyer will also be able to determine whether a dangerous roadway condition caused or contributed to the incident. If that was the case, the city or governmental agency responsible for maintaining the roadway can also be held liable.
Please remember that any personal injury or wrongful death claim against a governmental agency must be filed within 180 days of the incident.