Police are searching for a hit-and-run driver who struck a 7-year-old girl in Santa Ana on Tuesday evening, according to KTLA news. This horrific, Orange County accident was captured on security cameras near the scene, and police are currently looking for the driver of what they believe is a black Toyota 4Runner. The little girl was with her mother and was running across the street to get to her home, an apartment complex on the opposite side of the street. She is still in the hospital following surgery to relieve the swelling on her brain and is expected to survive.
Anyone with information about this tragedy should call the Santa Ana Police Department at 714-245-8665
DUTIES OF DRIVERS AND PEDESTRIANS
In general, a driver no right of way superior to that of a pedestrian, and each has equal and reciprocal rights, although driver, being in control of dangerous instrumentality capable of inflicting fatal injuries, is charged with a greater amount of care than pedestrian in order to be bound to same standards of ordinary care. Pedestrians who cross in the middle of a block do not have an equal right to be in path of oncoming motorist, but they are not fair game for a driver who operates his vehicle without regard for what may unexpectedly appear in street.
ACCIDENT RECONSTRUCTION AND LIABILITY
Here, from the videotape, it appears the driver is traveling faster than 25 miles per hour but is using the headlights on the vehicle. Given the apparent speed, the driver was likely in violation of the California Vehicle Code since the accident scene was within a residential area, with a speed limit of 25 mph. In addition to the speed, the distance at which the victim could be seen and the time the driver had to react play a role in assessing liability. If it can be shown the driver should have seen the little girl for more than 1 1/2 to 2 seconds prior to the impact and failed to take sufficient, evasive action, the bulk of the liability would likely rest with the driver.
Any personal injury case brought on behalf of the little girl in the accident above will require careful, detailed consideration of the facts and circumstances that will ultimately be necessary to reconstruct this serious accident. An experienced Orange County car accident attorney can be of help in assessing this type of injury case. If you or a family member is an accident victim, you should make an informed decision about your rights and whether compensation is available for injuries and damages sustained.
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