The Orange County Register has reported a suspected drunk driver is under arrest after a mother, daughter and another family member out walking late Saturday night were struck while crossing the street. The accident happened at about 11:00 p.m. in the 100 block of South Western Avenue, near Lincoln Boulevard, in the City of Anaheim. According to the news report, the suspected drunk driver, Anthony Lewis Sanchez, 40, was arrested on suspicion of driving under the influence and vehicular manslaughter. Of the three victims, Carmen Mendoza, 56, her daughter Sheyla Mendoza, 21, and Stephanie Henriquez (niece and cousin to the pair, respectively), one was pronounced dead at the scene and the other two reportedly died at the hospital.
The Scene of The Accident
The area of the accident is residential and there are a number of small, side streets that intersect with Western Avenue. Unbeknownst to most people, those "t-intersections" formed by the side streets which end at Western Avenue, create unmarked cross-walks within which pedestrians may lawfully cross. Given there are a number of single-family homes and apartment buildings in the area, any driver exercising reasonable care would know that encountering a pedestrian in the roadway was something to be expected. Consequently, drivers traveling on Western Avenue, particularly at night, should keep a vigilant lookout for pedestrians crossing the street. It is hard to imagine how anyone, other than a drunk driver, could miss seeing three people in the middle of the roadway in time to slow or stop.
The Law Relative to Auto Versus Pedestrian Accidents
While it is true that pedestrians who cross in the middle of a block do not have equal right to be in path of an oncoming driver, they are not fair game for a motorist who operates his vehicle without regard for what may unexpectedly appear in street. The California Vehicle Code requires pedestrians who are "jaywalking" to yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard. This does not relieve drivers of the obligation to proceed with "due care for the safety" of pedestrians. (California Vehicle Code Section 21954)
Auto versus pedestrian accidents often involve complicated issues of accident reconstruction and application of the law. If you or a family member have been seriously injured in such an accident, an Orange County auto accident attorney can be of assistance in evaluating the respective rights of the parties.
SOURCE: Memorial honors 3 pedestrians killed in Anaheim, Orange County Register, February 10, 2013, by By Alyussa Duranty and Ian Hamilton
