Timothy Douglas Curl, 43, of Temecula died in a motorcycle accident in San Clemente Aug. 19, according to an article in The Orange County Register. Curl was riding a 2006 Yamaha motorcycle south on El Camino Real when he lost control of the bike, according to Lr. Hal Brotheim of the Orange County Sheriff’s Department. He was wearing a helmet, but died of injuries after he was thrown from his motorcycle and hit the curb.
I offer my condolences to Curl’s family. It’s too early to tell what caused this single-vehicle accident. According to a report by the National Highway Transportation Safety Administration (NHTSA), in 2005. there were a total of 4,553 motorcycle accident deaths of which 2,021 or 44 percent were single vehicle crashes. The same report also states that the number of single vehicle crash increased by 58 percent between 2001 and 2005.
Also, according to the California Highway Patrol’s 2006 statistics, there were 199 total fatal traffic fatalities and 14,981 injury motor vehicle accidents on California roads.
In this case, speeding, alcohol or drugs don’t appear to be a factor. If I were a member of Curl’s family, I would want to find out how this motorcycle accident occurred. There could have been any number of reasons. There could have been a mechanical malfunction or an inherent product or design defect. The family would be well-advised to preserve the vehicle as is. If they decide to file a claim against the manufacturer of the motorcycle citing a product defect, the vehicle itself becomes the most important piece of evidence.
As Orange County motorcycle accident attorneys, we see in many cases the role played by a dangerous intersection or a dangerous condition on the roadway. Remember, that in California, a claim must be filed against a governmental agency within six months of the incident.