A 28-year-old motorcyclist sustained serious injuries in a San Diego car accident after he was struck by a vehicle at a street intersection. According to a news report in The San Diego Union-Tribune, the injury motorcycle accident occurred at the intersection of Clairemont Mesa Boulevard and Dubois Drive the night of March 25, 2011. The motorcyclist was eastbound on Clairemont Mesa when he was hit by a 59-year-old man who was driving a Toyota truck north on Dubois Drive. Officials say motorist did not see the approaching motorcycle, pulled away from the stop sign at the intersection and into the path of the motorcycle. The rider was transported to a local hospital with a fractured femur, arm and hand. The truck driver was uninjured. An investigation is ongoing.
My heart goes out to this injured motorcyclist who has suffered severe injuries including multiple fractures. I wish him the very best for a speedy and complete recovery. He will be in my thoughts and prayers.
Motorcycle Accident Statistics
According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), there were 16 fatalities and 355 injuries involving motorcycle accidents in San Diego. In San Diego County as a whole, 51 people died and 1,081 were injured as a result of motorcycle accidents during the same year.
The Law Relating to Stop Signs
Based on this news report, officials are saying that alcohol or drugs were not a factor in the crash. However, it appears that the driver failed to see the motorcyclist at the intersection as he left the stop sign. California law requires drivers to come to a complete stop at a stop sign and proceed with caution. According to California Vehicle Code Section 21802 (a): “The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop as required by Section 22450. The driver shall then yield the right-of-way to any vehicles which have approached from another highway, or which are approaching so closely as to constitute an immediate hazard, and shall continue to yield the right-of-way to those vehicles until he or she can proceed with reasonable safety.”
Fault and Liability
In this case, it is not clear if the motorist was negligent or if there was a dangerous condition on the roadway such as lack of visibility, which contributed to the incident. If it is determined that the motorist was at fault, then, he could be held liable for the motorcyclist’s serious injuries and damages. Injured victims could seek compensation for medical expenses, lost wages, cost of hospitalization, rehabilitation and other related damages.
A knowledgeable San Diego personal injury lawyer will be able to determine whether a dangerous roadway caused or contributed to the incident. If that was the case, the city or governmental agency responsible for maintaining that roadway could also be held liable. Under California Government Code Section 911.2, any personal injury claim against a public entity must be filed within 180 days of the incident.
Seriously injured in a San Diego County car accident? Want to know if you have a case? Want to know what your case is worth? Want compensation for your injuries? Want justice? Want to make sure the same thing doesn’t happen to someone else?
Call your best friends in the legal industry after a San Diego motorcycle accident. Call 800-849-4905. The call is free. The advice may be priceless.
Call a Bisnar Chase Personal Injury Attorneys San Diego personal injury lawyer for a free professional evaluation of your case by attorneys who have represented over 6,000 clients since 1978. You will experience award winning representation and outstanding personal service by a friendly law firm in a comfortable environment.