(Westminster, CA) A 56-year-old man died after a vehicle struck him near Beach Boulevard and McFadden Avenue, according to Westminster Police Commander Andy Stowers.
On October 31, at 3:13 a.m., officers responded to the area of Beach Boulevard and McFadden Avenue. They found the pedestrian lying unresponsive in the street, Stowers said. The available reports does not describe the vehicle’s direction or the man’s movement before the impact.
Responding officers attempted to save the man’s life. Orange County Fire Authority paramedics arrived, but the pedestrian was pronounced dead at the scene, according to Stowers. Authorities withheld his name while relatives were being notified.
The driver remained at the scene, and alcohol or drugs did not appear to be involved, Stowers said. Much of Beach Boulevard and portions of McFadden Avenue were closed for about seven hours while officers investigated. The report did not establish what caused the collision.
Legal Guidance on the Beach Boulevard Accident
The location near an intersection does not establish whether the pedestrian was in a crosswalk. That distinction affects the right-of-way rules, but neither crossing location nor right of way alone answers whether a collision could have been avoided.
California Vehicle Code 21950 requires drivers to yield to pedestrians within marked crosswalks and unmarked crosswalks at intersections. It also requires pedestrians to use due care rather than suddenly entering the path of a vehicle close enough to present an immediate hazard. Before applying either requirement here, the crossing point and the pedestrian’s movement need to be established.
Outside those crosswalks, California Vehicle Code 21954 generally requires a pedestrian to yield to vehicles close enough to constitute an immediate hazard. The same section preserves the driver’s duty to exercise due care for a pedestrian’s safety. A finding that someone crossed outside a crosswalk would therefore leave a separate question about the driver’s response.
The driver’s decision to remain allowed officers to contact that person at the scene. It does not explain the approach to the collision. Similarly, the preliminary assessment concerning alcohol and drugs addresses possible impairment, rather than establishing whether either person had enough time to react.
Advice for the Family
You can contact Cmdr. Andy Stowers at 714-548-3746 with questions about the Beach Boulevard accident and ask who will provide your family with investigation updates. Request the case number and instructions for obtaining the collision report when it becomes available. Ask whether the report establishes the pedestrian’s location before impact, since that detail is absent from the initial account.
If you have any concerns about navigating the legal process surrounding this incident, call 866-883-4318 to speak with a lawyer.
