Costa Mesa, CA (October 24, 2024) A man named Jose Rosario Rojas Moreno tragically succumbed to his injuries on Tuesday after being struck by a vehicle in Costa Mesa on Monday evening.
The crash occurred on the 21st a little before 10:15 p.m. near Newport and Harbor Boulevard.
Details are sparse, but we know that a vehicle struck Moreno while he was walking. The motorist who struck him remained at the scene. Paramedics rushed Moreno to the hospital, but he sadly passed away early Tuesday morning.
Pedestrian Laws In California:
California has strict laws when it comes to pedestrians. It’s important to always stop if you have struck a person on foot. Further, the driver of a vehicle that hits a pedestrian can be held liable for negligence if they were somehow impaired during the incident. Authorities consider a variety of factors when determining if negligence played a role in a crash, including:
–Distractions like talking on the phone, texting, engaging with passengers
–Extreme fatigue
–Being under the influence of drugs or alcohol
–Speeding
–Aggressive or reckless driving
In this case, the motorist stopped to render aid. However, far too often, drivers do not stop, choosing to flee the scene instead. This makes the case much more legally serious. It’s important to always watch the road, keeping an eye out for pedestrians even when there is not a crosswalk ahead of you.
Liability In a Pedestrian Accident In Costa Mesa
The details of this case will determine who is liable. California law states that pedestrians always have the right of way whether they’re in a marked or unmarked crosswalk at an intersection. However, there are other rules to consider, as well:
- CVC § 22350 – Speed Laws
- Drivers must not speed, keeping in mind weather, visibility, traffic, road conditions, and safety of persons and property. This means that a driver who is approaching a pedestrian must maintain a reasonably safe speed so as not to endanger that person.
- CVC § 21956 – Pedestrians’ Rights and Duties
- A pedestrian is not legally allowed to walk in certain areas, such as outside of a business or resident district. If they are doing so and a motorist strikes them, it’s possible the motorist will not be penalized. However, if other factors were involved, such as speeding or impaired driving, the motorist will bear some liability.
The Accident News Now team offers our sincere condolences to the family and friends of Jose Rosario Rojas Moreno. We understand that this is a very devastating time. If you or a loved one was affected by this terrible accident, please give us a call day or night. We have the best legal experts ready to answer your questions and help you navigate this process.
Have you or a loved one been impacted by this event? Our team specializes in pedestrian accidents and we are here to help. You can reach us 24/7 at 866-883-4318 or visit our online contact form at Accident News Now.
