Kurt Wilhite, the father of a Westminster teen who remains in a coma after being struck by a car over one year ago, has filed a $75 million claim against the city, the Orange County Register reports. The claim alleges that the intersection where Adam Wilhite, 17, crossed illegally and was struck by a car did not have proper signage or lighting and was thereby a dangerous road condition and safety hazard to pedestrians.
Adam, who once aspired to be a Navy Seal, remains in a level three coma and will require constant care for the rest of his life.The City of Westminster has denied the claim. The woman who hit Adam has not been cited or criminally charged. The police report indicates that the street was well lit at the time of the incident, and that Adam caused the accident by crossing illegally and failing to yield to oncoming traffic.
However, supporters of the Wilhites argue that the intersection where Adam crossed was very close to a local high school where many Westminster students cross the street illegally on a daily basis just to get to school. Because there are no nearby crosswalks, the road conditions are dangerous and pedestrians do not have a safe way to cross the street.
The City is responsible for maintaining safe road conditions that protect both pedestrians and drivers. Failure to install proper safety measures, including “Don’t Walk” signs in areas where it is unsafe for pedestrians to cross, are indicators of dangerous road conditions that can lead to traffic accidents, and terrible tragedies such as this.
Experienced personal injury attorneys can help you determine who is liable when situations involving unsafe road conditions arise. Please contact a Southern California law office if you or someone you know has been injured in a car accident for a free consultation.