TUSTIN - A 74-year-old Tustin woman was killed Monday morning after she was struck by a car and dragged for several blocks, the OC Register and multiple news outlets reported. The victim, identified by the Orange County Sheriff-Coroner as Berna Martinez, was crossing Red Hill Avenue at the bottom of the I-5 freeway offramp when she was hit by a Mercury Sable exiting the freeway. The driver, who apparently didn't realize what happened, continued for several blocks dragging the victim, until police stopped her as she pulled into a strip mall at Newport Avenue and Bryan Avenue. It was reportedly raining heavily when the incident occurred shortly after 11:30 a.m.
Cause of the Fatal Accident
Tustin Police are continuing to investigate the fatal March 21st incident. Police said the driver of the Mercury, 79-year-old female resident of Aliso Viejo, was not facing any charges immediately. However, that could change pending the investigation. It is unclear why the driver did not stop when she first struck Martinez. It appears that Martinez was struck in a marked crosswalk, in which case the driver should have yielded to her right of way (under California Vehicle Code Section 21950).
Wrongful Death Liability Compensation Claims
In situations were negligent driving causes the death of a pedestrian, the at-fault driver may he held liable for the death of the pedestrian. While Tustin Police are continuing to investigate the incident, the family members of the victim would be well-advised to consult with an experienced and knowledgeable California wrongful death lawyer, who can help them protect their legal rights. A skilled pedestrian accident lawyer who has represented families of victims of accidents similar to this one can advise the family members of their best course of action to hold the driver - and any other negligent parties - fully accountable.
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