The father of 17-year-old Adam Wilhite has filed a $75 million Orange County, California personal injury claim on behalf of his son, who is a minor, against the city of Westminster. Kurt Wilhite is blaming the city for a dangerous road condition at the intersection where the pedestrian accident that left his son in a coma happened on the evening of October 19, 2008.
Kurt's claim accuses the city of neglecting to provide proper signage, lighting, and other safety features at Sowell Avenue and Goldenwest Street. He says there are no crosswalks in the area that pedestrians can safely use.
Meantime, a police report blames Adam, a Huntington Beach High school student, for causing the traffic accident. Police claim the teenager was outside the unmarked crosswalk when he tried crossing the road and did not yield the right-of-way to vehicles that were close enough to be an "immediate hazard" to him. The report also says the street lights were on when the Orange County, California pedestrian accident happened.
Kurt, however, disagrees that the accident was his son's fault. He also wants to know how fast the female driver that struck his son was going. The motorist was not charged with any crime or cited for the Orange County, California car accident.
Adam is still in a Level 3 coma at an Orange hospital. He can open his eyes but is motionless, save for a few involuntary gestures. To date, his medical expenses have already cost the family over $2.5 million. Kurt and his wife, who lost their jobs following the economic collapse., no longer have insurance. They must pay approximately $2,400/month in co-payments. Adam is on Medi-Cal.
Dangerous Road Conditions
Dangerous road conditions can cause catastrophic pedestrian accidents and car crashes. It is the responsibility of the entity or entities in charge of overseeing a road to make sure it is designed in such a way that people are protected from becoming the victims of traffic accidents. This responsibility can extend to installing stop signs, traffic lights, road bumps, pedestrian lanes, bike lanes, and other safety devices. Failure to make sure that a road is free from defects or other hazards can be grounds for an Orange County, California injury lawsuit.
Father files $75 million claim over son's accident, OC Register, October 28, 2009
Related Web Resources:
Definition and Assessment of Coma, Miami.edu
City of Westminster
