Is It Legal to Ride Your Bike on the Sidewalk in Irvine, CA?

Irvine might be the most bicycle-friendly city in Orange County, California.

I lived in Irvine for more than two years, and one of the big benefits of the master-planned community is that it was designed with an eye toward bicycle safety and bike-ability. According to the City of Irvine, there are over 286 lane miles of on-street bikeways and more than 113 miles of off-street bikeways in Irvine. For a city that is 66 square miles in size, 399 miles of bike routes is rather impressive.

But even a safety-focused personal injury attorney like me who sticks to designated bike paths as much as possible will in some locations in Irvine find no bike path to ride on. If your bike ride starts from your house, you may have to ride a mile or two to get onto the nearest bike path.

And after a cyclist gets onto a bike path, the network of bike paths in Irvine is not fully built out and interconnected. For example, the San Diego Creek Trail does not directly connect with the Shady Canyon Trail Bikeway. This forces bicyclists to either ride on nine-lane Sand Canyon over the 405 Freeway, or detour onto the Freeway Trail which takes you a mile or two in the wrong direction.

Since bicyclists cannot ride entirely on designated bike paths in Irvine, this raises the question of whether it is legal for bicyclists in Irvine to ride their bike on the sidewalk. As a cyclist, riding on the sidewalk makes the risk of a car accident lower than riding in the street, with a curb and a few extra feet separating your bike from cars driving 50+ miles per hour down Barranca Parkway.

Bicyclists in Irvine, CA Can Legally Ride their Bike on the Sidewalk (Most of the Time)

For the most part, it is legal to ride a bike on the sidewalk in Irvine, California.

The Irvine Municipal Code section 4-7-210 "Riding on sidewalks, playgrounds, etc." states:

A. Riding of bicycles on any sidewalk or roadway is permitted unless prohibited by appropriate signs authorized pursuant to the terms of this division.
B. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing pedestrians.
C. No person shall ride or operate a bicycle upon any playground, park or school ground not designated as a bicycle path or route, where children are playing, without first having secured the permission of the persons having supervision of the playground, park or school ground.

When biking in Irvine, watch out for signs prohibiting riding on the sidewalk. If there aren't any, it is legal to bike on the sidewalk. Of course, you will need to yield to pedestrians on the sidewalk. Also, you cannot ride your bicycle at a playground, park, or school where children are playing without permission from a playground supervisor.

When Riding a Bike in the Road

The City of Irvine has a different set of rules for when a bicyclist is riding their bike in the road. Irvine Municipal Code section 4-7-208 "Leaving bicycle lane" provides:

A. Whenever a bicycle lane has been established, any person operating a bicycle upon the roadway at a speed of less than the normal speed of traffic moving in the same direction shall ride within the bicycle lane, except that such person may move out of the lane under any of the following situations:

When overtaking and passing another bicycle, vehicle, or pedestrian within the lane or about to enter the lane if such overtaking and passing cannot be done safely within the lane.
When preparing for a left turn at an intersection or into a private road or driveway.
When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions.
When approaching a place where a right turn is authorized.

B. No person operating a bicycle within a bicycle lane shall leave such lane until movement can be made with reasonable safety, and then only after giving the appropriate signal in the manner provided in Vehicle Code div. 11, ch. 6 (Vehicle Code § 22100 et seq.) in the event that any vehicle may be affected by the movement.

In short, if you're riding your bike on the road and there is a bicycle lane, you need to use it. There are exceptions for passing, making left turns, avoiding dangerous roadway conditions, and at right turns.

Knowing the law is harder for bicyclists than drivers because each city has its own municipal regulations regarding bicycling, while the California Vehicle Code regulates driving uniformly up and down the state. Being familiar with local bike laws can not only help you avoid getting a ticket, it can reduce your risk of being hit by a car and needing an Orange County personal injury lawyer like me.

Costa Mesa bike accident lawyer Blaise Patzkowski is a cyclist and advocate for the rights of injured bicyclists and pedestrians in Southern California. If you or a family member was injured in a bicycle or pedestrian accident, please contact Mr. Patzkowski for a free consultation.

Disclaimer: The information here is general information that should not be taken as legal advice. It cannot be guaranteed to be accurate, current or complete. No attorney-client relationship is established between you and our law firm by reading this article. This article should not be used as a substitute for legal advice from a lawyer about the specific facts of your case.

Settlement Alert: $1,300,000 Auto versus Motorcycle Accident

How to Get a Police Report for a Car Accident in Costa Mesa, CA

While sitting in the lobby of the Costa Mesa police station, I overheard some interesting exchanges.

A sex offender registering as a resident of the city.
A man trying to get his 2020 Cadillac Escalade out of police impound.

One of the services I provide my clients as a personal injury attorney is obtaining their Traffic Collision Report for them. Yesterday, I made the short walk from my house to the Costa Mesa Police Department to get the Traffic Collision Report for a client involved in a rollover car accident in Costa Mesa.

Those were a couple of the interactions I overheard while waiting for a copy of the report. If you were involved in a car accident in Costa Mesa, contact me for assistance handling your claim and obtaining your Traffic Collision Report.

Unfortunately, you cannot request a Costa Mesa police report online. To obtain a Traffic Collision Report from the Costa Mesa Police Department, you must either go to the police station in person or mail a request.

In Person Requests

The fastest route to obtain a Costa Mesa police report is to visit the Costa Mesa Police Department in person.

The Costa Mesa Police Department is located at:

99 Fair Drive, Costa Mesa, CA 92626

Costa Mesa Car Accident Lawyer; Orange County Personal Injury Lawyer; Costa Mesa Police

It is open from 8:00 a.m. to 7:00 p.m. Monday through Friday, and from 9:00 a.m. to 5:00 p.m. on Saturdays. They are closed on Sundays.

I would recommend calling Costa Mesa Police-Records at (714) 754-5373 before visiting the station to make sure the report is ready. It is not uncommon for a Traffic Collision Report to take several weeks to be completed after a car accident. In collisions involving a fatality/wrongful death, Traffic Collision Reports are more thorough and routinely take multiple months to be completed.

Once at the police station, you will need to fill out a request form and provide valid photo ID. If you are not the person involved in the accident (i.e. you are the spouse of the person involved), you will also need signed, written authorization from the involved party to release the report to you.

There is a $9.00 fee, which can be paid with cash or check made payable to "City of Costa Mesa."

I prefer obtaining Traffic Collision Reports in person because it allows you to obtain the report same day.

Requests by Mail

Alternatively, you may request a Costa Mesa Traffic Collision Report by mail. This is a slower process, as your request will need to travel to the police department by mail, will be processed in the order it is received, and then once the report is completed it will be mailed back to you. There is typically a 7 to 10 day processing time.

Requests for Costa Mesa Traffic Collision Reports can be mailed to:

Costa Mesa Police Department
P.O. Box 1200
Costa Mesa, CA 92628

Mailed requests must include:

A copy of a valid government issued ID or driver license.
A signed letter containing your accident information, including your name, date of birth, report number, date and time of the accident, and collision location.
A check for $9.00 made payable to the City of Costa Mesa.
And a self-addressed stamped envelope.

Costa Mesa Fire & Rescue Medical Records & Bills

If you were involved in a serious car accident in Costa Mesa, you may have been treated by Costa Mesa Fire & Rescue. Costa Mesa Fire provides paramedic and ambulance services in the city.

Like obtaining the Traffic Collision Report, obtaining your medical and billing records is also important after a car accident. This is another service that the Patzkowski Law Firm provides to its clients.

However, if you wish to request these records yourself, you can do so by submitting a public records request to the City of Costa Mesa through its website. Public records requests are processed by the Costa Mesa City Clerk and/or City Attorney's Office.

Because medical and billing records contain personal and medical information, they are exempt from disclosure without the involved individual’s written consent, pursuant to Government Code § 6255, and the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

Consequently, upon receiving your public records request, a clerk will contact you to request a signed HIPAA authorization.

Costa Mesa car accident lawyer Blaise Patzkowski is an advocate for the rights of people injured in car accidents, bike accidents, motorcycle accidents, and pedestrian accidents in Costa Mesa, Orange County, Los Angeles, Riverside, San Bernardino, and across California. Mr. Patzkowski is a graduate of U.C. Berkeley and U.C. Hastings College of the Law, and a proud resident of Costa Mesa, California. He has recovered many millions of dollars for people injured in car accidents. If you or your family member was hurt in a car, bicycle, motorcycle, or pedestrian accident, please contact Mr. Patzkowski.

In My First Year as a Solo Attorney, I Gave Up a Six Figure Case

Most businesses are not profitable in their first year, which makes what I did last week even harder to write.

In my first year owning my own law practice, I had the opportunity to make six figures on one case representing a driver and passenger injured in a car accident. Last week, I gave the case up and won't earn any profit from it.

This was by far the most difficult decision I've made to date as a business owner, but to build an ethical practice, I decided I had to do it.

Even though I no longer represent anyone involved in the case, attorney-client confidentiality remains, so I can't get into the details. But I can share California law regarding one lawyer representing more than one person in connection with the same incident.

California Law when an Attorney Faces a Conflict of Interest Between His Clients

California Rules of Professional Conduct Rule 1.7 prohibits a lawyer from representing a client in a matter (a) that is directly adverse to or (b) that would present a significant risk that the representation would be “materially limited” by the lawyer’s responsibilities or relationship with another client.

When there is a conflict of interest between clients, lawyers sometimes continue representing the clients by (1) informing all clients of the conflict and (2) getting all clients' written consent to continue representing everyone jointly. However, written consent doesn't resolve the conflict -- it just acknowledges it is there and waives objection to it. The clients will continue to have conflicting interests and the lawyer may have to make decisions that will benefit one of his clients at the expense of another.

Each case is different, so it requires looking at the specific facts of the case and the nature of the conflict to determine whether joint representation after written consent is sufficient, or whether the clients need separate attorneys.

The Long Game

Building a business, whether it's a law firm or anything else, requires a long term focus. And as I've now experienced first hand, it requires making difficult decisions along the way.

Cutting ethical corners could mean making additional short term profit, but I know that doing things ethically will mean the best long-term result. Maybe it's good karma, but I have already signed new cases that should make up the revenue I lost on this one.

Maintaining a reputation for honesty, avoiding malpractice, and referrals from happy former clients are worth a lot more than settling an extra case this year. Onto the next one!

Costa Mesa car accident lawyer Blaise Patzkowski is an advocate for the rights of people injured in car accidents, bike accidents, motorcycle accidents, and pedestrian accidents in Orange County, Los Angeles, Riverside, San Bernardino, and across California. Mr. Patzkowski is a graduate of U.C. Berkeley and U.C. Hastings College of the Law. He has recovered many millions of dollars for people injured in car accidents. If you or your family member was hurt in a car, bicycle, motorcycle, or pedestrian accident, please contact Mr. Patzkowski.

Who Is Meyer Christian & Associates?

If you received medical treatment at a hospital, urgent care, or doctor's office after a car accident, you may receive a "Patient Incident Questionnaire" from a company called the Firm of Meyer Christian & Associates.

So who is Meyer Christian?

Located at 15151 Springdale Street in Huntington Beach, California, Meyer Christian contracts with health insurance plans and medical providers to help them get paid from people injured in car accidents.

Medical Reimbursement After a Car Accident

When you have health insurance, if you need to go to the Emergency Room or get seen by a doctor, your health insurance pays the bill, and you as the patient may owe a co-pay or your deductible. Once you've paid your patient responsibility, you should not owe anything more.

However, things work differently in the personal injury context. The terms of just about every health insurance policy provide that if the reason why you need medical treatment is due to some other person causing you to be injured, and you receive compensation for those injuries, then your health plan has the right to be reimbursed out of the money you receive for what they paid for your medical treatment.

Here is some sample health insurance policy language from Blue Shield:

"If a Member is injured or becomes ill due to the act or omission of another person (a 'third party'), Blue Shield, the Member's designated medical group, or the IPA shall, with respect to services required as a result of that injury, provide the benefits of the Plan and have an equitable right to restitution, reimbursement or other available remedy to recover the amounts Blue Shield paid for services provided to the Member from any recovery obtained by or on behalf of the Member, from or on behalf of the third party responsible for the injury or illness or from uninsured/underinsured motorist coverage."

In short, if someone else caused your injuries and you receive money as a result, even if that money comes from your own auto insurance policy, then the health insurance company is entitled to be reimbursed for what they paid for your medical treatment.

Who does Meyer Christian work for?

Meyer Christian ("MCA") has contracted with many health insurance medical groups and healthcare providers in Los Angeles County, Orange County, and the Inland Empire (Riverside and San Bernardino) for reimbursement. MCA's clients include, among others:

Anaheim Harbor Medical Group
Hawthorne Community Medical Group
Pacific Orthopaedic Surgical Medical Group
Heritage Victor Valley Medical Group
Desert Medical Group
Edinger Medical Group
Gateway Medical Group
Kerlin-Jobe Orthopaedic Clinic
Sharp Healthcare
SCAN/Medicare

Meyer Christian charges its clients a contingency fee, meaning how much money Meyer Christian gets paid depends on how much money Meyer Christian recovers for its client.

What should you do if Meyer Christian contacts you?

If you receive a letter or phone call from Meyer Christian after a car accident or other personal injury matter, you should consult with an experienced personal injury attorney before responding. Meyer Christian may ask you to sign documents that give them access to your private health information protected by HIPAA laws. Signing these documents may waive your privacy or limit your rights. Costa Mesa car accident attorney Blaise Patzkowski provides free consultations for people who are contacted by Meyer Christian or other health insurance reimbursement companies after a car accident. He can be reached at (949) 342-5120.

An attorney who is experienced in health insurance reimbursement can review the exact language in your health plan to determine whether your health plan has a valid right to be reimbursed. If your health plan does have a right to reimbursement, it is important to make sure that your health plan is not paid back any more than they are legally entitled to, including for medical treatment that is not required as a result of a car accident.

Additionally, an attorney can leverage the law to reduce a "lien" asserted by a health plan. For instance, California Civil Code section 3040 provides a basis to reduce health care liens. This means that your health insurance may not be entitled to be reimbursed the full amount they paid for your medical treatment, but instead a reduced amount based upon specified legal standards. An Orange County personal injury attorney well-versed in these laws can help to ensure that you are paying back your health insurance only what is legally required. When a lower amount of your settlement is being paid back to your health insurance, you receive more money from your settlement.

Costa Mesa car accident lawyer Blaise Patzkowski is an advocate for the rights of people injured in car accidents, bike accidents, motorcycle accidents, and pedestrian accidents in Orange County, Los Angeles, Riverside, San Bernardino, and across California. Mr. Patzkowski is a graduate of U.C. Berkeley and U.C. Hastings College of the Law. He has recovered many millions of dollars for people injured in car accidents, and has significant experience analyzing health insurance subrogation clauses and negotiating reductions in reimbursements when owed. If you or your family member was hurt in a car, bicycle, motorcycle, or pedestrian accident, please contact Mr. Patzkowski.

How Much Money Can I Get If I'm Hit by a Drunk Driver in CA?

More than one person dies every hour due to drunk driving in the United States.

And every 2 minutes, someone is injured in a DUI collision, per Mothers Against Drunk Driving (MADD).

Money You Can Recover If You're Hit by a Drunk Driver in California

If you get injured in a car accident caused by a drunk driver in California, how much money can you get?

Victims of drunk driving accidents are entitled to all of the same types of damages as people injured in non-DUI collisions, plus there are two additional ways victims can potentially get compensated if they're hit by a drunk driver.

Like people injured in non-DUI collisions, people injured in collisions caused by drunk drivers are entitled to monetary compensation for:

(1) Property damage (including damage to their car and personal belongings like their cell phone damaged in the collision);

(2) Medical bills brought about by the collision;

(3) Income lost due to being injured and unable to work;

(4) Pain resulting from the crash; and

(5) Suffering caused by being unable to participate in your regular activities (like jogging, caring for your children, or gardening).

Punitive Damages

In addition to damages directly caused by the crash, victims of DUI collisions may also be entitled to money called punitive damages. Punitive damages are intended to punish a person who does something seriously wrong. An insurance policy will not pay punitive damages, so the drunk driver him or herself would be required to pay them.

Under California law, punitive damages are available when a "defendant has been guilty of oppression, fraud, or malice." (California Civil Code section 3294(a)).

Dating back to the late 1970s, courts in California have found that "the act of operating a motor vehicle while intoxicated may constitute an act of 'malice' under section 3294 if performed under circumstances which disclose a conscious disregard of the probable dangerous consequences." (Taylor v. Superior Court (1979) 24 Cal.3d 890, 892).

Courts have interpreted this to mean that not every person who drives drunk and causes a collision is liable for punitive damages. While many may disagree, California courts have ruled that "The risk of injury to others from ordinary driving while intoxicated is certainly foreseeable, but it is not necessarily probable." (Dawes v. Superior Court (1980) 111 Cal.App.3d 82, 89). Lawyers hired by insurance companies to defend drunk drivers have latched on to this to try to get requests for punitive damages struck out of lawsuits filed against drunk drivers.

As a result, it is important to show that the drunk driver's conduct was so egregious and dangerous that it was probable it would cause injury.

For example, I have successfully kept a punitive damages claim in a case where a drunk driver in Los Angeles drove on the wrong side of the road and struck multiple parked cars. The Court agreed with my argument that driving on the wrong side of the street while intoxicated makes injury to others probable.

There are specific laws that need to be navigated to obtain punitive damages in a DUI collision. A California personal injury attorney experienced in handling drunk driving accidents can help you obtain maximum compensation if you're hit by a drunk driver. If you were involved in an accident with a drunk driver, please contact Mr. Patzkowski for a free consultation.

Victims Restitution

A second route to recovery available to people injured by a drunk driver in California is victim's restitution.

If the drunk driver is criminally prosecuted as a result of causing an injury collision, the criminal court may order the drunk driver to pay restitution to the victim(s) as part of their criminal sentence.

California Penal Code section 1202.4 states:

"It is the intent of the Legislature that a victim of crime who incurs any economic loss as a result of the commission of a crime shall receive restitution directly from any defendant convicted of that crime."

What a drunk driver may be ordered to pay as victim's restitution is more limited than what they can be required to pay in a civil personal injury lawsuit. This is because the drunk driver can only be ordered to pay restitution for "economic" damages, which includes things like medical bills, property damage, and lost wages. A victim's restitution order cannot include non-economic damages (pain and suffering) or punitive damages.

Nonetheless, victim's restitution is another tool that can help hold a drunk driver fully accountable for the damage they have caused. An experienced personal injury attorney will use these methods together to help their client get as much money as possible from the drunk driver who caused their injuries.

Costa Mesa car accident lawyer Blaise Patzkowski is an advocate for the rights of people injured in car accidents, bike accidents, and pedestrian accidents in Orange County, Los Angeles, Riverside, San Bernardino, and across California. He has successfully advocated for the imposition of punitive damages against drunk drivers who cause car crashes. If you or your family member was hurt in a car, bicycle, or pedestrian accident, please contact Mr. Patzkowski.

Mr. Patzkowski graduated from UC Berkeley with High Honors and obtained his law degree from UC Hastings College of the Law in San Francisco, California. He is a native of La Mirada, California in Los Angeles County.

What Happens After an Accident with an Uninsured Driver?

Over fifteen percent (15%) of California drivers do not have automobile insurance even though California Vehicle Code section 16020 mandates minimum financial responsibility to get behind the wheel.

This means that if you're in a car accident, there's a significant chance that the person who hit you does not have auto insurance to pay for the damage to your car, your medical bills, lost income, and the impact your injuries have had on your life.

I was rear-ended on the 55 Freeway in Costa Mesa a few years ago. It was a three car collision and I was the only driver out of the three of us who had auto insurance. Two out of three drivers were uninsured!

Fortunately, you may not be out of luck even if you're hit by an uninsured motorist. Many people have a type of coverage under their own automobile insurance policy called "Uninsured Motorist" coverage that protects them in case they're hit by an uninsured driver. And an uninsured motorist typically includes both someone who does not have auto insurance as well as a hit a run driver whose auto insurance you cannot identify.

To see if you have Uninsured Motorist coverage under your auto insurance policy, log onto your auto insurance account online, review your insurance "Declaration Page" which lists what is covered by your automobile insurance policy, or call your insurance company to find out.

Make Sure You're Adequately Covered

It's important not only to have Uninsured Motorist coverage, but to have enough of it so that it will actually help you. In California, the minimum required insurance policy limits to drive are only $15,000 per person/$30,000 per incident, and many people have those same limits for Uninsured Motorist coverage. This gives you some protection in case you're hit by an uninsured motorist, but not much.

To make sure there is money available in case you suffer a serious injury in a car accident caused by an uninsured driver, you should have at minimum $100,000 in uninsured motorist coverage, and I'd recommend going even higher than that.

How Much Does Uninsured Motorist Coverage Cost?

Uninsured motorist insurance coverage is surprisingly inexpensive. Geico has a tool on its website which allows you to adjust your coverages and it will instantly show you what impact that change will have on your auto insurance premium.

The difference in cost between an uninsured motorist limit of $100,000 per person/$300,000 per incident and the maximum uninsured motorist limit Geico will sell me ($500,000 per incident) is only $28 every 6 months. So for less than $5 per month, you could receive half a million dollars if you're seriously injured in a car accident caused by an uninsured driver instead of $100,000.

Uninsured Motorist Car Accident Lawyer Costa Mesa Orange County California

The saddest part of my job as a personal injury lawyer is determining that there is no insurance or very little insurance available to compensate a person who suffered catastrophic injuries or lost a family member in a car crash. I recently spoke to a mother and father who lost their son who was in his early 20s in a motorcycle accident where the available insurance policy limits were only $15,000. No amount of money would bring their son back, but receiving only $15,000 after losing your son is a tragedy and a slap in the face.

Check your auto insurance policy and make sure you are well protected. You can't increase your uninsured motorist limit after you determine the at-fault driver was uninsured, so make sure you're well protected now.

Costa Mesa car accident lawyer Blaise Patzkowski is an advocate for the rights of people injured in car accidents, bike accidents, and pedestrian accidents in Orange County, Los Angeles, Riverside, San Bernardino, and across California. Mr. Patzkowski has recovered millions of dollars for people injured in car accidents, including collisions where the at-fault driver was uninsured. If you or your family member was hurt in a car, bicycle, or pedestrian accident, please contact Mr. Patzkowski.

People Know They Shouldn't Text and Drive, So Why Do They Do It?

Imagine driving your car at 55 miles per hour with your eyes closed.

If you're sane, you wouldn't consider it.

But there's a good chance you or someone you know has actually done something similar in the last 30 days. Each time a person sends a text message, they spend around 5 seconds looking at their phone. At 55 miles per hour, this means driving the length of a football field without looking at the road ahead.

People Know that Distracted Driving is Dangerous, but They Do it Anyway

A recent AAA study found that 97% of drivers say texting or emailing while driving is a serious safety risk.

It's also illegal. California Vehicle Code section 23123.5 bans driving a vehicle while holding and operating a cell phone.

Even though almost everyone understands that using their cell phone while driving is dangerous, lots of people do it anyway. 45% of people surveyed said that they had read a text or email while driving within the last month, and 35% admitted to sending one.

If People Know that Texting and Driving is so Dangerous, Why Do They Do It?

Surveys point to several reasons why people use their phone while driving. A major one is feeling pressure from work to always be available/responsive. But let's be real, it's not only work emails that people are checking while driving. Many people are reading text messages, checking Facebook, or scrolling through Instagram.

My theory is that people know it's a bad idea to use their phone while driving, but they don't think it's a terrible idea. They've done it before without anything bad happening, and they justify doing it again by telling themselves "I'll do it just this one time, I'll be careful, and nothing bad will happen."

But Using a Cell Phone While Driving is a Lot More Dangerous than Many People Realize

Today, everyone knows that drunk driving is incredibly dangerous, and the vast majority of people would never consider doing it.

It's important to internalize that using a cell phone while driving is not just a bad idea, it's incredibly dangerous just like drunk driving.

The tolls taken by both drunk driving and distracted driving are huge. More people die every year from drunk driving accidents than distracted driving -- about 10,000 people lose their lives per year due to drunk driving, while it is closer to 3,000 people who die in crashes caused by distracted driving. However, more people are injured every year due to distracted driving than drunk driving, according to the National Highway Traffic Safety Administration (NHTSA).

And research has found that texting can slow a driver's reaction time even more than alcohol does. Texting causes a 35% slow down in reaction time, compared to a 12% decrease with alcohol, according to the U.K.-based Transport Research Laboratory.

Let's be clear: drunk driving is horrible. I have represented people who suffered catastrophic injuries due to drunk driving accidents. There is absolutely no excuse to drive under the influence when an Uber or a Lyft is a few clicks away. With that said, you cannot drive safely if you are looking at your phone instead of the road ahead. A person who is looking down at their phone will not see the red light or kid in the street.

Bottom Line

Both using your cell phone while driving and drunk driving are incredibly dangerous. And while most people have internalized this when it comes to drunk driving, many people give themselves passes when it comes to texting and driving.

Understanding just how dangerous it is to drive down the street with your eyes essentially closed will hopefully cause people to treat it like drunk driving -- both are things you should never do, not even just this one time.

Costa Mesa car accident lawyer Blaise Patzkowski is an advocate for the rights of people injured in car accidents, bike accidents, and pedestrian accidents in Orange County, Los Angeles, Riverside, San Bernardino, and across California. He has advocated for the imposition of punitive damages against drivers who cause car crashes due to texting and driving. If you or your family member was hurt in a car, bicycle, or pedestrian accident, please contact Mr. Patzkowski.

UPDATED: Perez Park in Costa Mesa Misses the Mark on Child Safety

Eastside Costa Mesa residents are very fortunate to have a new neighbor: a little park called Perez Park at the corner of Santa Ana Avenue and University Drive. The new "tot lot" with playground equipment is a welcome upgrade from the fenced off lot with overgrown plants that it replaces.

The park just opened, and I've already taken my 1 year old son there 4 days in a row. With the Coronavirus pandemic making indoor play dates off limits, the new park has created the Covid-friendly outdoor space that people crave right now.

But as grateful as I am for the new community gathering place, it has a big problem. The park is less than 20 feet away from two busy streets, but there are no gates to keep children from running out into the road. It's horrifying to think that in just a few seconds a toddler could run out into the road and get hit by a vehicle (University Drive is an OCTA bus route).

Parents need to be attentive to their kids. But unlike most parks where there's a grassy area separating the play area from the road, giving parents time to catch their speedy toddler before he makes it into the road, the tiny size of this park and the very short distance between the play area and road make it much more dangerous.

Child safety needs to be priority one, and installing gates is critical to make the park safe for our kids. We cannot wait for something terrible to happen, and then respond only after it's too late.

Perez Park was constructed by the County of Orange at a cost of nearly $2,000,000, and the City of Costa Mesa has assumed maintenance responsibilities. Installation of gates at each of the two entrances to the park should not cost more than a few thousand dollars.

With child safety at stake, not to mention the significant liability that both the County of Orange and and City of Costa Mesa could face if tragedy were to strike, installing entry gates at Perez Park should be a no-brainer.

UPDATE (2/26/2021): I am happy to report that this article and the attention it received made its way to the Costa Mesa City Council. I spoke with Mayor Katrina Foley and District 6 (Eastside Costa Mesa) Councilman Jeffrey Harlan and they both agree about the importance of child safety gates at Perez Park. It turns out that the County's plans for the park actually included gates, but for unknown reasons they were not constructed. The Costa Mesa City Council is now working with the County to get child safety gates installed at Perez Park!

Costa Mesa personal injury lawyer Blaise Patzkowski is an advocate for child safety and the rights of injured pedestrians in Southern California. If you or your family member was hurt in a car accident, please contact Mr. Patzkowski for a free consultation.

The Most Dangerous Streets in Costa Mesa to Walk or Bike

Three streets in Costa Mesa are particularly dangerous, with much higher rates of pedestrian accidents and bike accidents than others.

Knowing which streets are most dangerous can help you choose safer routes around the city, and can make you more cautious if you're on one of the streets where the risks are higher.

Pedestrians

Between 2014 and 2018, 162 pedestrians were hit by cars in Costa Mesa, California, including 9 fatalities. That works to more than 3 auto versus pedestrian collisions per month.

The street with the highest rate of pedestrian accidents was Newport Boulevard. The most dangerous intersections were Newport Boulevard near 19th St. and near 17th St.

The second most dangerous location for pedestrians in Costa Mesa was near Orange Coast College, with a number of pedestrian accidents surrounding the OCC campus on Harbor Blvd. and at Adams Ave.

The third most dangerous street for pedestrians in Costa Mesa was West 19th Street, particularly at its intersections with Harbor Blvd. and Pomona St.

The most common time for pedestrian collisions was the late afternoon/evening, with a surge on Fridays and Saturdays between 3:00 p.m. and 9:00 p.m.

Bicyclists

During the same time period, there were even more bicycle accidents in Costa Mesa than pedestrian accidents, resulting in 238 victims.

The same three streets that lead in pedestrian accidents in Costa Mesa also have the highest rate of bicycle accidents, but the order differs. The streets with the highest rates of bicycle accidents are Harbor Boulevard, West 19th Street, and Newport Boulevard.

Bicycle accidents were more likely to occur on weekday afternoons. The two days with the highest rates of bicycle accidents are Wednesdays and Thursdays, from 12:00 p.m. to 6:00 p.m.

This data about where collisions are most common can help you reduce your risk of being involved in a car accident by choosing a safer street to walk or bike when possible. Taking the 55 Freeway would be the fastest way for my wife to get to work, but she takes surface streets where traffic drives slower. Or if you do walk or ride on one of these streets, be extra alert for cars.

Note: The data used in this article comes from a report generated by the UC Berkeley Safe Transportation Research & Education Center (at my alma mater), in conjunction with California Walks and community members from the city of Costa Mesa. Their full report can be read here.

Costa Mesa bike accident lawyer Blaise Patzkowski is a cyclist and advocate for the rights of injured bicyclists and pedestrians in Southern California. If you or your family member was hurt in a bicycle or pedestrian accident, please contact Mr. Patzkowski.