A pedestrian was killed Saturday afternoon when crossing a street in the City of Fullerton. According to the KABC News, the accident happened at the intersection of Magnolia Avenue and Valencia Drive at about 2:45 p.m. The male victim, not further identified, was pronounced dead at the scene as a result of the injuries he sustained. According to the news report, the pedestrian was within the crosswalk when he was hit by the vehicle.
Fullerton Accident Scene
The Fullerton intersection where this accident happened is flat and wide open, and it is hard to imagine how this fatal collision could have happened in broad daylight. It is unknown which direction the vehicle was traveling and whether the pedestrian was crossing on a green light for his direction of travel. All of these issues will need to be addressed by the Fullerton Police Department in determining responsibility for the accident.
Frequency of Fullerton Accidents
According to the California Office of Traffic Safety, the City of Fullerton ranks among the 10 worst (when compared to cities of similar population) in terms of pedestrian accidents.
Wrongful Death Claims
In a tragic situation like the one above, the surviving family members of the victim may bring a claim against the driver of the vehicle if the operator was in fact negligent at the time of the accident. Under California law, and pursuant to statute, certain family members who survive (typically the spouse and children) may pursue a negligence claim against the party responsible for causing a fatal accident. This is true even where the deceased was partially to blame for what happened. This is known as the doctrine of "comparative negligence", and it simply reduces the compensation recovered by the percentage of fault attributed to the decedent.
If a loved one has been lost because of the negligence of a careless driver, you have the right to pursue a wrongful death claim under California law. An injury attorney with experience at handling hundreds of Orange County cases may be of assistance in evaluating the merit of such a case.
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