A woman was killed in a pedestrian accident in Orange after a driver struck her as she was walking inside a marked crosswalk.
According to a news report in The Orange County Register, the fatal collision occurred the evening of September 27, 2015 near the intersection of West Chapman Avenue and North Flower Street.
The woman, who has not yet been identified, was struck by full-sized Chevy pickup truck driven by a man. The victim was transported to a local trauma center where she died from her injuries.
The driver of the pickup remained at the scene and cooperated with police. Officials do not believe
he was driving under the influence. The investigation is ongoing.
We offer our deepest condolences to the family members and friends of this fatally injured victim. Please keep them in your thoughts and prayers.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2013 Statewide Integrated Traffic Records System (SWITRS), there were two fatalities and 41 injuries reported as a result of pedestrian accidents in the city of Orange.
Countywide, 52 people died and 784 were injured due to pedestrian accidents during the same year.
Based on this news report, it appears that the female pedestrian was crossing the street in a marked crosswalk.
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
If the driver of the pickup is determined to have been at fault here, he can be held liable for the victim’s wrongful death.
In cases where negligence or wrongdoing is involved, families of deceased victims can seek compensation for damages including medical expenses, funeral costs, lost future income, pain and suffering and loss of love and companionship.
A knowledgeable Orange County personal injury lawyer will also be able to determine whether a dangerous or defective roadway 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.
Under California Government Code Section 911.2, any personal injury or wrongful death claim against a governmental agency must be filed within 180 days of the incident.