California Injury Blog
Orange County Auto versus Pedestrian Accident
James Casey, 70, suffered major injuries in a Costa Mesa pedestrian accident after he was hit by a car. According to a news report in the Daily Pilot, the accident occurred the night of March 14, 2009 when Sheldon Dobkins, 73, struck Casey, who witnesses say, was walking off the center divider at the intersection of Newport Boulevard and 17th Street. Casey was rushed to an area hospital with serious injuries, but he is expected to survive. Dobkins was uninjured. He wasn’t cited or arrested in connection with this pedestrian accident.
I’m relieved that James Casey is going to survive and that he is expected to recover from his injuries. This Costa Mesa pedestrian accident could have been a lot worse. I wish Casey the very best for a quick and complete recovery.
According to the California Highway Patrol’s 2006 traffic accident statistics, there were no fatalities associated with pedestrian accidents in Costa Mesa. There were, however, 47 pedestrian accident related injuries in Costa Mesa during that time. In Orange County as a whole, 45 deaths and 802 injuries were reported in connection with pedestrian accidents in 2006.
Details in this newspaper article are insufficient regarding how exactly this pedestrian accident occurred. Did the driver, Sheldon Dobkins, have the green light on Newport Boulevard when Casey was crossing the street? Based on this account, it appears that James Casey was crossing the street at the intersection.
California Vehicle Code Section 21950 states: “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.” The same section also states that the driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk “shall exercise all due care and shall reduce the speed of a vehicle or take any other action relating to the operating of the vehicle as necessary to safeguard the safety of the pedestrian.”
It would be in the Casey family’s best interest to contact an experienced Orange County pedestrian accident attorney, who will be able to look at the facts of the case and determine if there is any liability on the part of the driver. A skilled Orange County personal injury attorney will also look into the presence of a dangerous condition on that roadway or intersection. If that was a contributing factor in this accident, then the city of Costa Mesa could also be held liable. Please remember that any claim against a governmental agency in California must be filed within six months of the accident.
Our source for this blog is this news report in the Daily Pilot.