A 12-year-old boy was hospitalized with injuries in an Irvine car accident after he was struck while riding his skateboard in a crosswalk.
According to a news report in The Orange County Register, officials say a woman was driving east on Michelson Drive when she struck the boy who was riding across Jordan East in a marked crosswalk.
The boy was taken to a hospital with injuries, but is expected to survive.
The driver remained at the scene. Police do not suspect alcohol or drugs were a factor. The investigation is ongoing.
Our thoughts and prayers are with this young victim. We hope his injuries were not serious and wish him the very best for a speedy and complete recovery.
Pedestrian Accident Statistics
Under the law, when an individual is riding a skateboard on the street, he or she is considered a pedestrian. According to California Highway Patrol’s 2013 Statewide Integrated Traffic Records System (SWITRS), four people died and 33 were injured as a result of pedestrian accidents in the city of Irvine.
In Orange County as a whole, 52 fatalities and 784 injuries were reported as a result of pedestrian accidents during the same year.
Based on this news report, it appears that the driver struck the boy who was in a marked crosswalk. It is unclear who had the right-of-way. 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 it is determined that the driver of the vehicle was at fault or negligent, she could be held liable for the injuries and damages caused. Injured victims in such cases can seek compensation for damages including medical expenses, lost wages, hospitalization, rehabilitation, pain and suffering and emotional distress.
A knowledgeable Irvine personal injury attorney will also be able to determine whether a dangerous roadway or intersection caused or contributed to this injury collision. 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 entity must be filed within 180 days of the incident.