A Costa Mesa driver will stand trial for allegedly striking and killing a pedestrian with his car after texting on his cell phone while driving. As recounted in this Los Angeles Times article, an Orange County judge rejected the driver’s defense request to reduce the charges after prosecutors suggested that the man’s use of his cell phone and other factors suggested he was operating his vehicle in a negligent manner.
The 42-year-old driver was charged with vehicular manslaughter with gross negligence. Prosecutors produced phone records that indicated that the driver had been sending and receiving text messages for 30 minutes before the Newport Beach pedestrian accident occurred around 8:30 a.m. on Westcliff Drive near Dover Drive in Newport Beach. The accident victim was reportedly struck and killed while crossing the street in a marked crosswalk.
One accident witness told police officials that just before the accident occurred, the driver behind the Costa Mesa driver had to honk his horn to get the driver to notice that the light had changed to green.
The prosecutor in the case said, “I’m not saying that I can prove or have to prove that he was texting when he hit the victim. There’s definitely a bunch of inferences that he wasn’t looking. His phone was open and [next to] the driver’s seat…gross negligence is a state of mind. Texting is just one of the things he did wrong here. He had put the public at risk long before he ran this person over.”
Newport Beach pedestrian accident attorney Samer Habbas has been helping pedestrian accident victims and their families for many years. He has earned a reputation as a Newport Beach and Orange County pedestrian accident lawyer who works hard for every client. Call his Los Angeles personal injury law firm today to schedule a free consultation.