A Costa Mesa driver has been ordered to stand trial for allegedly striking and killing a pedestrian with his car a few minutes after he was texting with his cell phone in his car. An Orange County judge rejected his attorney’s request to reduce the charges, saying that there was no evidence that his client was texting when the accident occurred. However, prosecutors in the case claimed that his use of the cell phone and other undisclosed factors suggested that he was driving negligently and failed to see the pedestrian.
If the driver is convicted on vehicular manslaughter charges, he could be sentenced to nine years in prison. This article said that the defendant in the pedestrian accident has been charged with vehicular manslaughter with gross negligence even though prosecutors in the case acknowledged that they have no phone company records to prove in court that he was texting at the time of the pedestrian accident.
The accident occurred on August 29, 2008, about 8:30 a.m. on Westcliff Drive near Dover Drive in Newport Beach. Shortly before the accident occurred, one witness said that they were behind the accused driver at an intersection and had to honk to get him to notice that the light was green.
Accidents caused by drivers distracted by mobile telecommunication devices are on the rise and recent studies have indicated that talking or texting on a cell phone while driving dramatically increase the likelihood of causing an accident. If you or someone you care for has been injured or killed in a pedestrian accident caused by a distracted driver, call Los Angeles accident attorney Samer Habbas to schedule a free consultation today. Attorney Habbas will explain your legal options and guide you through the legal process.