traffic-sign-6724_640Kathy Japes, Crossing Guard for Eastbluff Elementary School, Injured In Newport Beach Car Accident on Vista Del Oro

NEWPORT BEACH, CALIFORNIA (February 16, 2024) – A school crossing guard for Eastbluff Elementary School in Newport Beach identified as Kathy Japes was seriously injured in a car accident on Vista Del Oro.

Orange County officials are saying that the collision took place early on February 13. Kathy Japes was working as a crossing guard and holding a crossing guard stop sign.

A teenage driver failed to stop and hit the victim. An ambulance was called to the scene. Kathy Japes was taken to the ICU with numerous injuries including a broken hip, pelvis, shoulder, elbow and a bruised lung.

You can help support her through GoFundMe. According to the fundraiser, “Kathy is always so caring with our children and supportive of our school community- she is also extremely vigilant and puts our children’s safety above all else while she is on that crosswalk. Let’s unite and support her at this extremely difficult time. Thank you!”

A full investigation remains ongoing at this time.

 

Liability For Newport Beach Pedestrian Accidents

Thousands of pedestrians are killed or seriously injured in car accidents every year. According to the Centers for Disease Control, “There were also an estimated 104,000 emergency department visits of pedestrians treated for non-fatal crash-related injuries in 2020. Adults ages 65 years and older accounted for about 17% of the U.S. population in 2021. However, this group accounted for 21% of all pedestrian deaths in 2021.” There are a number of steps that drivers should take in order to avoid collisions.

  • Drivers should slow down during periods of reduced visibility and inclement weather.
  • Drivers should be well rested before heading out onto the road.
  • Drivers should check their blind spots before making turns at intersections.

All drivers have a legal obligation to exercise due care in order to avoid hitting pedestrians. Pursuant to California Vehicle Code 22450, “The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.” There is a rebuttable presumption of negligence on the part of any driver that goes past a yield sign without stopping.

Liability for a collision could extend beyond any driver. For example, a city could be liable for a collision if it was caused by a dangerous condition on public property. When a city has actual or constructive notice that a roadway or intersection is in a dangerous condition, they must act. Failing to act prior to an accident could form the basis of a negligence claim. It is important that certain steps are taken after any collision.

  • Eye witnesses should be interviewed.
  • Medical records should be preserved.
  • Surveillance footage should be sought.
  • The police report for the collision should be examined.
  • An experienced personal injury attorney should be contacted.

It can be hard to know where to begin after any collision. Victims often suffer from very serious injuries and may need to take long periods of time off of work. In many situations, accident victims may never be able to return to their same profession. It is important that accident victims understand that they do have rights. Any person that is injured in a pedestrian accident may be able to seek some measure of justice through a civil claim.

 

Investigating Newport Beach Pedestrian Accidents

We at the Sehat Law Firm extend our best wishes to Kathy Japes as she continues to recover. This was a preventable collision that should not have taken place. It is our sincere hope that steps are taken to prevent other adults or children from being injured on this roadway.

Have you or someone that you care about been harmed in a Newport Beach car accident? You may have legal recourse. Our team of personal injury attorneys are here to help in any way that we can. We care deeply that accident victims are aware of their rights and that those rights are being protected. Whether you just have legal questions or need any type of support we are here for you. You can reach out to us anytime at (949) 825-5200.

 

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