Mother of 43-Year-Old Bicyclist Sues City of Newport Beach for Orange County, California Wrongful Death

November 11, 2009
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The mother of a 43-year-old man who died in an Orange County, California bicycle accident on July 23 has filed a Newport Beach wrongful death lawsuit against the city. Darryl Benefiel sustained a number of injuries, including massive head injuries, when he was struck by a motor vehicle at Tesoro and Ridge Park Road.

The Newport Beach bicycle accident happened as the 22-year-old car driver was turning left. The 43-year-old bicyclist was pronounced dead at the accident site.

Per Karen Benefiel's Orange County, California wrongful death complaint, the intersection did not have a stop or yield sign and the road lacked a bike lane. She is seeking wrongful death damages for emotional trauma, loss of affection, love, and companionship, loss of financial support, loss of consortium, and loss of assistance.

The city of Newport Beach says that a preliminary probe found that no roadway defect contributed to the Newport Beach bicycle collision.

Bicycle Accident Lawsuits
If you or your loved one was seriously injured in an Orange County, California, Los Angeles County, San Bernardino County, or Riverside County bicycle accident, you may have grounds for filing a personal injury or wrongful death lawsuit. Possible defendants--depending on the cause of the bicycle crash--might include a negligent car driver, truck driver, motorcycle rider, bus driver, bicycle manufacturer, tire maker, the city, the county, or another entity.

Possible grounds for suing a city or another entity over a bicycle accident:

• Uneven paving
• Potholes
• Debris on the road
• Slippery conditions
• Lack of a bike path
• No stop sign
• No traffic light
• Faulty traffic light
• No warnings of possible hazards
• Poorly designed roads
• Obstructions on the road that make it difficult for motorists to see bicyclists and vice versa

Woman files claim in son's death, Daily Pilot, October 30, 2009

Bicyclist killed in Newport Coast, OC Register, July 23, 2009

Related Web Resources:
Bicycles, NHTSA

California Bicycle Coalition