A man was killed in a fatal pedestrian accident on Tuesday night in Garden Grove. According to an Orange County news report, the 37-year-old victim was allegedly jaywalking across Brookhurst Street when he was hit by an SUV. The accident happened just before 8:00 p.m., slightly south of Bixby Avenue. The unidentified victim was struck in the number 3 lane, according to the police. The pedestrian was not within a marked crosswalk and was pronounced dead at the scene.
Legal Issues in Pedestrian Accidents
Pedestrian accidents happen with alarming frequency here in Southern California and Orange County. The legal issues arising when a car strikes a pedestrian are many. For example, issues often arise as to which party had the right of way and whether the pedestrian was within a “crosswalk.” The determination of fault often has to due with more than just deciding who had the right of way or whether the victim was in a marked or even unmarked crosswalk. In or out of a crosswalk, pedestrians must still use reasonable care when crossing the street. Likewise, drivers must also use due care when operating their vehicle, especially at or near an intersection where they should expect to encounter pedestrians. The California Vehicle Code actually does a pretty good job of describing the duties of both pedestrian and driver, and those rules can be found in Vehicle Code Section 21950.
Reconstruction Issues in Pedestrian Injury Claims
One of the issues arising in nearly every pedestrian accident case has to do with the reconstruction of the accident, particularly an analysis of the sight-distance for the driver and pedestrian. Perhaps the most important issue is whether the driver of the vehicle could have seen the pedestrian in time to avoid the collision. In general, if the driver of the car could not have seen the pedestrian before they were too close to stop then the liability of the driver for the accident would not be present. This analysis takes into account the lighting, speed of the vehicle, distance traveled into the street by the pedestrian and other variables having to do with the driver’s attention.
Contact a Pedestrian Accident Attorney For Help
If you or a loved one has been injured in a pedestrian accident contacting an experienced personal injury attorney can really help. Mr. Ralph has more than 20 years of experience as a pedestrian accident attorney. His office is centrally located in Orange for the convenience of his clients. He can be reached by e-mail or at the telephone number below for a free consultation regarding your injury claim.Tags: pedestrian accident attorney