A pedestrian was hit and killed by a Buena Park Police cruiser in the early morning hours on Saturday, October 5th. According to KABC News, the accident happened near the intersection of Stanton and Orangethorpe Avenue at about 1:00 a.m. The victim, 33-year-old Katherine Tinnell of Buena Park, was apparently outside of a marked crosswalk when she was hit by the marked K-9 unit. Tinnell was pronounced dead at the scene. Because the accident involves a local law enforcement agency, the California Highway Patrol will be the investigating agency.
Scene of the Accident and Its Cause
According to a KTLA News report, the accident occurred on Orangethorpe Avenue between Stanton and Oregon. That area of the roadway is flat and straight, and there does not appear to be any visual obstruction for drivers traveling on Orangethorpe in either direction. It is unknown precisely where the impact occurred, but the area of the Oregon intersection includes an unmarked crosswalk. Any intersection like the one at Oregon and Orangethorpe includes an unmarked crosswalk, in which a pedestrian has the right of way. In fact, it is not unlawful to cross the street anywhere on Orangethorpe between Oregon and Stanton (whether in the imaginary crosswalk or not) so long as the pedestrian does not interfere with a driver's right of way. Identifying the point of impact on the roadway will help to determine whether the pedestrian or the police officer had the right of way. Also important will be a determination of the speed of the police cruiser just prior to the accident and whether the cruiser's headlights were on at the time.
Emergency Vehicle Rules
In California, there are certain Vehicle Code provisions that apply to the operation of emergency vehicles (such as police cruisers and fire trucks) when responding to calls for service. Generally, only the public entity and not the individual officers/firefighters can be held liable if the driver is negligent and causes an accident while responding to an emergency or when in pursuit of an actual or suspected lawbreaker. The drivers must observe certain rules (activate their lights and sirens) for this liability protection to apply. However, even if the emergency vehicle driver does comply with the lights and sirens requirement, they are not relieved from the "duty to drive with due regard for the safety of all persons using the highway..". In the case above, in addition to the speed and headlight issues, it must be determined whether the K-9 officer was responding to a call for service and whether the lights and sirens were activated prior to the collision.
If you or a loved one has been injured in an Orange County accident involving an emergency vehicle, a consultation with an experienced injury attorney is likely the best way to determine your right to compensation for the injuries and damages sustained.
SOURCE: Buena Park police cruiser strikes, kills pedestrian, KABC News, Orange County News, October 5, 2013
Scene of the Accident and Its Cause
According to a KTLA News report, the accident occurred on Orangethorpe Avenue between Stanton and Oregon. That area of the roadway is flat and straight, and there does not appear to be any visual obstruction for drivers traveling on Orangethorpe in either direction. It is unknown precisely where the impact occurred, but the area of the Oregon intersection includes an unmarked crosswalk. Any intersection like the one at Oregon and Orangethorpe includes an unmarked crosswalk, in which a pedestrian has the right of way. In fact, it is not unlawful to cross the street anywhere on Orangethorpe between Oregon and Stanton (whether in the imaginary crosswalk or not) so long as the pedestrian does not interfere with a driver's right of way. Identifying the point of impact on the roadway will help to determine whether the pedestrian or the police officer had the right of way. Also important will be a determination of the speed of the police cruiser just prior to the accident and whether the cruiser's headlights were on at the time.
Emergency Vehicle Rules
In California, there are certain Vehicle Code provisions that apply to the operation of emergency vehicles (such as police cruisers and fire trucks) when responding to calls for service. Generally, only the public entity and not the individual officers/firefighters can be held liable if the driver is negligent and causes an accident while responding to an emergency or when in pursuit of an actual or suspected lawbreaker. The drivers must observe certain rules (activate their lights and sirens) for this liability protection to apply. However, even if the emergency vehicle driver does comply with the lights and sirens requirement, they are not relieved from the "duty to drive with due regard for the safety of all persons using the highway..". In the case above, in addition to the speed and headlight issues, it must be determined whether the K-9 officer was responding to a call for service and whether the lights and sirens were activated prior to the collision.
If you or a loved one has been injured in an Orange County accident involving an emergency vehicle, a consultation with an experienced injury attorney is likely the best way to determine your right to compensation for the injuries and damages sustained.
SOURCE: Buena Park police cruiser strikes, kills pedestrian, KABC News, Orange County News, October 5, 2013
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