Michelle Vu, 23, was killed in an Orange County car accident after she was struck by an SUV the night of July 16, 2010. According to a news report in The Orange County Register, the accident occurred at the intersection of Magnolia Street and Edinger Avenue. Vu was crossing the street when she was hit by a Toyota SUV heading north. That SUV was driven by 62-year-old Yeong Kim. Vu was transported to a local hospital where she died. Officials are not sure what caused this accident, but are looking into whether Vu was walking against a "Don't Walk" signal.

I offer my deepest condolences to the family and friends of Michelle Vu for their tragic and heartbreaking loss. Please keep them in your thoughts and prayers.

Pedestrian Accidents

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), one fatality and 29 injuries were reported as a result of pedestrian accidents in Westminster. In Orange County as a whole, 31 people died and 785 were injured as a result of pedestrian accidents during the same year.

Right-of-Way Issues

Based on this news report, it appears that officials are still looking into who had the right-of-way at the intersection -- the pedestrian or the motorist. California law requires motorists to yield right-of-way to pedestrians who are legally crossing in crosswalks or at intersections.

California Vehicle Code section 21950 states: "The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection." The same section also states that the driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk "shall exercise all due care and shall reduce the speed of a vehicle or take any other action relating to the operating of the vehicle as necessary to safeguard the safety of the pedestrian."

Liability Issues

Pedestrians also have a responsibility under the same section to walk only in areas designated for pedestrians. In this particular case, I trust officials are looking for eyewitnesses who may have seen what occurred and who was at-fault. If the driver of the vehicle did cause the accident then the driver could be held liable. If a dangerous or defective condition on the roadway caused the accident, then the city or governmental agency could also be held liable. Under California Government Code section 911.2, any claim against a governmental agency must be filed within 180 days of the accident or injury. The best Orange County personal injury lawyers will always offer a free and comprehensive consultation to injured victims and their families.

What steps can pedestrians take to avoid accidents at street intersections? We would like to hear your comments and suggestions.

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.