ORANGE, CA - Police are investigating a fatal pedestrian accident Sunday night on Chapman Avenue, the Los Angeles Daily News reported. The accident occurred shortly after 11 p.m. on February 20, 2011 at Chapman Avenue and Citrus Street. The victim, Amelia Shields, 28, of Huntington Beach was crossing the street with her boyfriend and English bulldog puppy when she was struck by a Toyota Matrix driven by a 28-year-old Orange man, who was reportedly driving home from work. Shields died at the scene of the crash; her dog was not injured.
Our condolences go out to everyone who knew Amelia and loved her. The loss of this young woman's life is heartbreaking and devastating. Please keep her family in your prayers during this surely very difficult time.
Cause of the Pedestrian Accident
According to news reports, alcohol is not suspected to be a factor in the crash. The driver willingly submitted a blood sample to police. However, based on the news reports, the driver may be responsible for this fatal collision, if he did indeed fail to yield to the right-of-way of shields. Under California Vehicle Code Section 21950: "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..."
Fault and Wrongful Death Liability Issues
Hopefully, the investigation by police will provide answers as to what happened and why the driver of the Toyota Matrix did not stop for Amelia Shields, who was in the crosswalk. If the driver is responsible, he may be liable for the wrongful death of the victim, in addition to any criminal charges he may face. In cases such as this one, the family member of the deceased victim would be well-advised to speak with a California wrongful death lawyer, who can advise them of their best course of action to protect their legal rights following this pedestrian accident. The family may be able to hold the driver financially accountable for their loss in a wrongful death claim, and recover damages for funeral and burial expenses, anticipated future earnings the decedent would have earned, and loss of love, care, affection and companionship.
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