Orange County: Buena Park Police Vehicle Fatally Injures Pedestrian

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

Pedestrian Struck and Fatally Injured by Postal Vehicle

An elderly pedestrian was struck and killed by a post office truck near the City of Perris in Riverside County.  According to the Press Enterprise, this tragic accident happened at about 8:45 p.m. on Tuesday in the eastbound lanes of Highway 74 near Ellis Avenue.  The driver of the postal truck was reportedly traveling about 45 miles per hour when he prepared to make a lane change.  He looked to his right to make sure traffic was clear and when he looked back at the road the 79-year-old pedestrian was crossing the street right in front of him.  The victim died at the scene.

Location of the Accident

The stretch of Highway 74 where the accident took place is in what might be best described as a rural area, although there are several homes nearby.  The road is slightly curved, relatively flat, and there does not appear to be any obvious obstruction that would prevent a driver from noticing a pedestrian standing on the shoulder or sidewalk.  There does no, however, appear to be much, if any, street lighting in the area that would help a driver spot someone crossing the road.

Accident Reconstruction Issues

According to the news report, the driver said he was traveling about 45 miles per hour just prior to noticing the pedestrian in the roadway.  In accidents such as this, it is important to pin down the other variables, such as point of impact, skid marks, lighting, etc., in order to fairly reconstruct the accident so as to determine fault.  For example, the farther the pedestrian was into the roadway, the longer the period of time the driver would have had to "see, perceive and react" to the situation.  Regardless of the street lighting, a prudent driver should be using their headlights at 8:45 p.m.  Those headlights should illuminate the road sufficiently to see potential hazards for at least 100 feet, perhaps enough distance and time to avoid an accident.

If you or a loved one has been involved in a pedestrian accident, contacting an Orange County auto accident attorney is perhaps the best way to find out about your right to compensation.

SOURCE:  PERRIS: Postal truck struck, killed 79-year-old pedestrian, the Press Enterprise, September 4, 2013, by Richard Brooks

Orange County Hit-and-Run Takes Life of Elderly Pedestrian

An elderly pedestrian was struck and killed by a hit-and-run driver early Tuesday morning on Euclid Street in Santa Ana.  According to KABC News, the accident happened just after 5:00 a.m. in the 500 block of Euclid when the 85-year-old victim, Joseph Rudolph, was jaywalking.  The driver, Michael Truong Pham of Garden Grove, hit Rudolph with his SUV and carried him with his vehicle for about 30 yards.  Pham later called police and told them what had happened.  Because he left the scene in the first place, he was taken into custody on suspicion of felony hit-and-run.

The Area and Cause of the Accident

The area of the accident is a relatively straight and flat stretch of roadway, without very many streetlights on the east side of the street. It is unknown where the point of impact occurred, but it would appear from the news story that Rudolph was outside of either a marked or unmarked crosswalk.  According to the U.S. Naval Observatory, the sunrise time for Tuesday (August 27th) was at 5:22 a.m., so it was likely dark outside at the time of the accident.  However, in general headlights should illuminate the roadway far enough ahead to allow a driver to take evasive action if a pedestrian is crossing a road and could not otherwise have been seen.  This depends on the precise area of the impact and how far into the roadway Rudolph was when he was struck.

Wrongful Death Claims

In an accident in which a negligent driver causes or contributes to the happening of an accident, the surviving family members may have the right to pursue a wrongful death claim under California law.  In the case above, the Rudolph family may be able to recover compensation for the loss of their loved one.  The amount that can be recovered by the family is reduced by the amount of negligence of the decedent, which makes sense and seems fair.  For example, if a jury determined that Rudolph was 50% responsible for this accident, the family has the right to be compensated for only that part of the damages (50%) caused by the driver.

If you have been injured or a family member has been killed in a hit-and-run accident, consultation with an experienced injury attorney is perhaps the best way to find out about your rights.

SOURCE:  Santa Ana hit-and-run: 85-year-old pedestrian killed, suspect arrested, KABC News, Orange County News, August 27, 2013, by Q McCray.

Crenshaw District Hit-and-Run Leaves Pedestrian Fatally Injured

A hit-and-run crash in the Crenshaw District of Los Angeles on Monday has left a 37-year-old man dead.  According to ABC News, the accident happened at about 1:00 a.m. when the victim was crossing West Martin Luther King Jr. Boulevard at its intersection with Nicolet Avenue.  The victim was within the crosswalk and was apparently heading across the street in order to reach his own car when the collision occurred.  The suspect was driving a 1999-2002 Land Rover Discovery, champagne in color.  Local residents describe this area as notorious for speeders.  Anyone who has information regarding this accident has been asked to contact the LAPD's South Traffic Division at (323) 421-2577.

Crosswalk Dangers

Sadly, accidents like the one above happen with alarming frequency.  Drivers who are impaired or distracted do not pay attention to the presence of an intersection or even a painted crosswalk.  In the case above, the victim was crossing the street within a marked crosswalk.  In fact, the intersection where the accident occurred is very well marked with pedestrian crossing signs, streetlights and heavy white paint.  It is almost impossible to believe that a driver should not anticipate that someone would be crossing at this location and therefore be on the lookout.  Perhaps the only other step that could be taken is the installation of a stop light or stop sign.  It seems doubtful, however, that a driver who missed all of the warnings would pay attention to a stop sign, or perhaps even a traffic light.

If you or a loved one were injured in a crosswalk accident, contacting an auto accident attorney might be the most important step to take in order to obtain compensation for the injuries and damages sustained.

SOURCE:  Crenshaw District hit-and-run crash kills man; suspect sought, ABC News, Los Anegeles, August 12, 2013, by Darsha Philips

Fatal Pedestrian Accident in Riverside Involves Suspected DUI Driver

A pedestrian was killed early this morning in Riverside when the driver of a pickup truck lost control and drove onto a sidewalk.   According to the report by KABC News, the 43-year-old victim was being struck by a suspected drunken at about 2:30 a.m. in Riverside.  The accident happened at about 2:30 a.m. near the intersection of Crest Avenue and Babb Avenue.  According to witnesses, the driver, 19-year-old Mena Joel Guzman, was driving north on Crest when he could not negotiate a curve and drove onto the sidewalk.  The pedestrian, who has yet to be identified, was pronounced dead at the scene.  Guzman was subsequently arrested for vehicular manslaughter and felony DUI and booked into jail.  The Riverside Police Department's Major Accident Investigation Team is still investigating the cause of the crash and anyone with information is asked to call Detective Ken Madsen at (951) 826-8723.

Scene of the Accident

The scene of the accident is in a residential area and the intersection is somewhat angulated beyond the normal 90 degrees.  While the roadway configuration may have played some role in this accident, it will take a full blown accident reconstruction to make that final determination.  When a roadway is inherently unsafe and the driver impaired (due to alcohol, drugs, fatigue, etc.), it is easy to see how that would be a recipe for disaster.  While there is a stop sign at the intersection, there does not appear to be any curve warning sign for northbound Crest vehicles.  There does not appear to be many street lights in the area of the accident, and lighting will have to be evaluated to see if it was a contributing cause of this tragic accident.  One thing is clear from the description of the accident above, the pedestrian likely shares no part of the blame for what happened.

DUI Accidents in Riverside

According to the California Office of Traffic Safety, the City of Riverside is among the safer cities when compared to others of similar size.  Where Riverside does not fair well is in terms of city ranking for accidents involving people under 21 who had been drinking.  Riverside ranks 5th out of 13 in that category, meaning only four similar-sized cities are worse.  It should be remembered that California has a zero tolerance program for drivers under the age of 21 who have been drinking.  If an underage driver demonstrates a blood alcohol level of even .01 or greater they may lose their license and/or be convicted of driving under the influence.

If you or a family member has been the victim of a DUI driver, a personal injury attorney with experience at handling such cases may be of assistance in obtaining the monetary compensation allowed under the law.  

SOURCE:  Riverside suspected DUI crash: Pedestrian dead, driver arrested, KABC News, July 13, 2013, by Inland Empire news.

Woman Struck and Killed In Riverside While Pushing Wheelchair

The Press Enterprise has reported an accident in Riverside in which a woman pushing her wheelchair-bound son was struck and killed.  The accident happened yesterday just before 5:30 p.m. on Magnolia Avenue near its intersection with McCray Street.  A pickup truck, operated by 76-year-old man from Corona, struck the woman but just missed impacting her disabled, adult son.  Both were taken to a local hospital where the woman was later pronounced dead.  The woman was pushing her son westbound across Magnolia at the time of the accident.  There is no marked crosswalk at this intersection.

Anyone with information or who witnessed the accident should call Detective Rick Prince at 951-826-8722.

Intersection Accidents Involving Pedestrians

As you might expect, intersection accidents involving pedestrians are not uncommon.  It is often assumed that someone crossing the street outside of a marked crosswalk is solely responsible for any accident that occurs.  That is not, however, the law in California.  In automobile-versus-pedestrian accident cases, the appellate courts have held that the driver of a car must, in order to avoid liability, keep a proper lookout for persons on highway.  Even though the driver may be traveling at lawful rate of speed, he still remains bound to anticipate that he may meet persons at any point on the roadway.

Factors To Be Considered in Determining Liability

In the case above, regardless of whether the driver was obeying the speed laws, he may still be found negligent in relation to the accident.  For example, if the woman and her son were visible for more than 100 feet (which is about the distance headlights will illuminate the roadway ahead) a driver traveling at the posted speed limit (35 mph in this case) would have at least two seconds to avoid the accident.  If it can be shown the visibility was even greater or his speed slower then the wrongful death claim against the driver would be strengthened.  It should be kept in mind that pedestrian visibility is one the leading pedestrian safety problems at intersections.  Pedestrians often assume they can be seen for a greater distance than they are actually visible.

An experienced Orange County Car Accident Lawyer with experience handling this type of case can be of assistance in evaluating wrongful death and pedestrian accidents like the one above.   A free consultation is available to injured parties and the families of accident victims.

SOURCE:  RIVERSIDE: Mother Pushing Wheelchair is Hit, Killed, David Keck, Press Enterprise, December 6, 2012