Tuesday, October 1, 2013

Pedestrian Killed While on Tustin in Orange


A pedestrian crossing Tustin Street in Orange was hit and killed Saturday night just before 11:00 p.m.  According to KABC News, the collision happened when the driver of a Subaru traveling northbound on Tustin stuck the 40-year-old man who was crossing outside of the marked crosswalk.  The accident happened near the Tustin and Mayfair Avenue intersection, and preliminary reports indicate that the driver was not impaired.  The driver of the vehicle is cooperating with the police department's investigation.

Scene and Reconstruction of the Accident

The area of northbound Tustin Street where the accident occurred is in a commercial area, and the roadway is flat and straight.  Street lights line Tustin, and it would be expected that lighting from local businesses might also illuminate at least part of the roadway.  The speed of the vehicle involved in the accident above will determine just how much time the driver might have had to see, perceive and react to the pedestrian in the roadway.  At slower speeds there would be more of an opportunity (depending on lighting conditions and the use of headlights) for the driver to take evasive action, in order to avoid the accident.  Other factors relevant to the reconstruction of the accident would include the color of clothing worn by the pedestrian, where in the roadway the impact occurred, and whether the pedestrian was running or walking just before the collision.

Crosswalk Safety

Anytime an auto versus pedestrian accident occurs outside of a marked crosswalk there will be some consideration given to whether the pedestrian was at least partially to blame.  Most people think only of marked crosswalks when considering whether a pedestrian has the right-of-way.  However, this is not actually the whole picture as California law allows a pedestrian to cross a roadway at unmarked crosswalks as well. Unmarked crosswalks are formed at most intersecting streets, and they generally follow the imaginary lines that would constitute a marked crosswalk, if the lines were actually painted.  Logically, however, the safest place to cross any street is at a marked crosswalk if one is available.  Drivers are alerted to the potential presence of pedestrians by those white lines painted on the asphalt.

If you or a loved one has been involved in a pedestrian accident, contacting an auto accident attorney in Orange County is perhaps the most important step to take in order to find out about your right to compensation for the injuries and damages suffered.

SOURCE:  Man struck, killed while crossing the street in Orange, KABC News, Orange County News, September 29, 2013

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