ANAHEIM – A pedestrian died at a hospital Tuesday morning after she was struck by a driver in a pickup outside the Anaheim Convention Center, officials said.
Anaheim police responded to reports of a crash at 5:34 a.m. on West Katella Avenue near Convention Way involving a pedestrian and a driver in a gray Toyota Tundra.
A woman attempted to cross West Katella Avenue outside of a crosswalk and was struck by the truck, Anaheim police Det. Laura Lomeli said.
Officials said the woman was taken to a hospital in critical condition where she later died.
The pickup driver stayed at the scene and did not appear intoxicated, Lomeli said.
Police closed the eastbound lanes of West Katella Avenue between South West Street and Harbor Boulevard near Disneyland during the investigation and reopened the road at 9:16 a.m.
“Pedestrian accidents cause some of the most severe injuries that require long term medical care. It’s unfortunate that the victim died as a result of this accident,” said Attorney Chris Guldjian. “It looks like the victim was not using a crosswalk, or jaywalking, which may place partial fault upon the victim. We’ll have to wait until the investigation reveals more details before determining who is liable for the accident”.
In the eyes of the law, both drivers and pedestrians have a duty to use “reasonable care” on the roads and highways. Generally in the event of a vehicle-pedestrian accident, the driver is at fault if the pedestrian was walking on a sidewalk or legally crossing the street. However, there are cases in which the pedestrian may be partially liable or completely liable for their injuries. If the driver can prove that the pedestrian was acting negligently on the road or highway, then the pedestrian may partially be at fault. If the pedestrian was jaywalking, crossing against the traffic lights (walking when it says “Don’t Walk”), or walking where pedestrian access is prohibited by law (i.e. on a bridge or highway with no shoulder), then the pedestrian may be considered negligent.
In the event that both driver and pedestrian are partially at fault, or comparative negligence law, an injured person can receive compensation from any other at-fault party, but the injured person’s own damages award (the amount of compensation they can receive) will be reduced by a percentage that is equal to their share of the fault.
