A pedestrian who was struck and killed in an Orange County car accident by two vehicles while crossing an Anaheim street has been identified as Carlos Gomez-Nila, 35. The Orange County Register reports that the man was walking on Western Avenue near Tyler Avenue the night of November 22, 2009 when he was hit by a Toyota Camry. He fell down and tried to get back up on his feet when the driver of a Toyota RAV4 fatally struck him. Anaheim police say the driver of the RAV4 saw the pedestrian, but could not maneuver his vehicle in time to avoid the collision.
My heart goes out to the family and friends of Carlos Gomez-Nila for their devastating loss. I offer my deepest condolences to everybody who knew and loved this man. This victim's family will be in my prayers.
Orange County Pedestrian Accidents
According to California Highway Patrol's 2007 Statewide Integrated Traffic Records System (SWITRS), there were six fatalities and 63 injuries involving pedestrian accidents in Anaheim. Countywide, 41 deaths and 726 injuries were reported as a result of pedestrian accidents in 2007. Also, in Orange County as a whole, 178 people were killed and 14,185 injured in 2007 as a result of car accidents.
There are many questions still remaining here with regard to how or why this fatal pedestrian accident occurred. There are more questions than answers at this point. Was Gomez-Nila in a crosswalk or an intersection at the time of the collision? Was either driver operating in a reckless or negligent manner? Was alcohol or drugs a factor in this accident? Was there a dangerous condition on the roadway, which caused or contributed to this fatal pedestrian accident?
California Car Accident Laws
California law requires drivers to stop and yield right-of-way to pedestrians 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."
If a dangerous condition on the roadway caused this fatal collision, the city of Anaheim could be held liable for Carlos-Nila's fatal injuries. Any claim against a governmental agency in California must be filed within six months of the accident or injury. If this fatal accident occurred because of a negligent driver, then he or she should be held liable for the accident and resulting injuries. A skilled personal injury attorney in Orange County will follow up on the official investigation and make sure the family's legal rights are protected.
We are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call a reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free confidential consultation to "not a fault" persons named in this article and their family members.
