Nathan Gonzalez, 14, of Mission Viejo, who suffered severe head injuries after being struck by a drunken driver as he was skateboarding with friends on Los Alisos Boulevard Aug. 10, has died. Neighbors and residents of Aliso Villas where this fatal Orange County auto accident occurred are saying that for years, they’ve asked City Council to improve the dangerous conditions on that roadway, The Orange County Register reports .
They say there is poor visibility on the street because it is pack with cars parked by Madero street auto mechanic businesses.
Neighbor Kathy Miramontes tells the Register that in the past she has petitioned the city for speed bumps and even got the city to paint the curbs red and got a trailer to monitor speed of vehicles traveling through the neighborhood. Officials arrested Johnny David Perez, 25, on suspicion of driving under the influence and striking Nathan.
I offer my deepest condolences to Nathan’s parents. Maybe Nathan’s traffic death will lead the city to take Kathy Miramontes’ and other local residents’ complaints and suggests seriously.
There is little doubt that Perez will be held civilly and criminally responsible for Nathan’s fatal auto accident injuries. But neighbors such as Miramontes raise important issues. For years, they have approached the city of Mission Viejo to alert city officials about several dangerous conditions that exist on that roadway. The city apparently did take a few steps to monitor speeding motorists.
Under the provisions of California’s Government Code section 835, a public entity is liable for the damages of person injured because of a condition of public property when the injured person proves that: a. There was a dangerous condition on the property at the time of the accident; b. The injury was caused by that dangerous condition and c. The dangerous condition created a reasonable foreseeable risk of injury of the kind that occurred.
Nathan’s family would be well-served by retaining the services of an experienced Orange County personal injury attorney who is well-versed in dealing with governmental agencies, especially with regard to dangerous roadway cases. We have represented numerous parents of injured and deceased children who were victims of dangerous roadways (see for more detail).
In California, claims against governmental agencies must be filed within six months of the incident.