Motorcycle Accidents

Fatal Motorcycle Accidents by Marines Reduced by Nearly Half in 2009

March 5, 2018 Injury Lawyer San Diego 0

The Marine Corps announced that it significantly reduced the number of fatal motorcycle accidents involving Marines in 2009. In 2008, the Marines reported a record high of 25 deadly motorcycle crashes. They year before, the Marine Corps 19 Marines were killed in motorcycle wrecks. However, in 2009, the total number of Marines who lost their life was reduced to only 14–a reduction of more than 40%.

San Diego has three Marine bases–Camp Pandleton, Miramar Air Station, and the Marine Corps Recruiting Depot. Camp Pendleton and MCAS Miramar accounted for 4 deaths each during 2009. In 2008, 9 Camp Pendleton Marines and 2 MCAS Miramar Marines were killed due to motorcycle accidents. No data was released for MCRD San Diego.

In the wake of the rising Marine casualties from motorcycle crashes, the USMC hired contractor Cape Fox Professional Services to provide suitable training programs to Marines in motorcycle riding and safety. In the past five years, the number of Marine motorcycle fatalities has constantly increased from 13 in 2005, to 16 in 2006, 19 in 2007, 25 in 2008, before significantly reducing to 14 in 2009. Citing the significant drop as a success of Cape Fox Professional Services, Washington has renewed their contract for the 2010 fiscal year. The Marine Corps will soon also launch an interactive website, SemperRide.com, where professionals featured in $500,000 safety movie, Semper Ride, can be contacted by Marine motorcyclists.

Our office celebrates and appreciates the effort of our local San Diego Marine community to be safe motorcyclists and hope that the new safety program will continue to reduce the number of motorcycle accident fatalities. However, two issues are still concerning. First, 14 Marines were killed due to motorcycle accidents–which is still far too many to have lost their lives. Second, 8 out of the 14 fatal motorcycle wrecks involved San Diego based Marines–that is nearly 60% of all Marine motorcycle deaths occurring in San Diego! Our office supports the Marines and their mission and recognizes the risk and sacrifice they make when they put themselves in harms’ way defending our country. It is therefore tragic when Marines unnecessarily lose their lives in motorcycle accidents that can be avoided.

San Diego Wrongful Death Verdict to be Reviewed by California Supreme Court

March 5, 2018 Injury Lawyer San Diego 0

A San Diego jury awarded the widow of a motorcycle rider and his two children $4.9 million after he was struck on a motorcycle by a truck driver. After the verdict was read, the judge–as is typical–polled the jurors for their votes. However, the judge forgot to get the answers from one juror to two of the 13 questions asked during the polling process.

The juror did agree with the other jurors that the truck driver was negligent and caused the trucking accident. However, the judge forgot to ask him if he agreed with the other jurors on the apportionment of damages. The jury verdict found to the truck driver to be 80% responsible for causing the accident but also found the motorcycle rider to be 20% responsible.

On appeal by the insurance defense counsel for the truck driver, the judge’s mistake led to a reversal of the verdict by the Fourth District Court of Appeals. The Court of appeals held, in part, that:

…the trial court erred in accepting the juror declarations to inquire into and resolve the results of the jury’s decision making process, and also when it made a credibility determination that Santana could not effectively have voted other than 80/20 at any relevant time.

The Keeners, the family of the motorcyclist, have appealed to the California Supreme Court to reinstate the jury verdict.

San Diego County Motorcycle Accident Seriously Injures Two

February 15, 2018 Injury Lawyer San Diego 0

A man and woman were seriously injured in a San Diego County motorcycle accident on February 14, 2009, as the motorcycle they were riding was struck by a car at a Carlsbad Village intersection in North San Diego County.

The victims were traveling on Carlsbad Boulevard around 11:20 a.m. when a car driven by a teenage girl, a resident of Upland, CA, pulled out from the intersection of Christiansen Way and collided with their motorcycle. The woman, who was riding pillion, was flown to a hospital, and the male driver was transported by ground ambulance. The teenage car driver was not arrested.

Our office wishes a speedy recovery to the people who were injured in this serious motorcycle crash. We urge all drivers to drive a little more carefully and responsibly so as to ensure that no one faces any harm while traveling on the road.

Indio Pedestrian Fatally Struck by Motorcycle, then Car

February 1, 2018 Injury Lawyer San Diego 0

44-year-old Brigitte Jasso was struck and killed in a severe pedestrian accident that occurred on January 26, 2012, around along the westbound lanes of Indio Boulevard. According to coroner’s officials, Jasso was first struck by a motorcyclist and then by a black Ford Taurus while crossing a major street in that city.

Jasso sustained scrapes, bruises, and some broken bones after the initial motorcycle accident moments later, a black Ford Taurus struck and fatally injured the victim.

From the present facts, it is unclear as to how this pedestrian accident occurred. Was the motorcyclist distracted? Did the car driver see her?

Did anyone ignore traffic signals? These and several other questions remains unanswered as yet.

At this time, the victim’s family members should immediately seek counsel from an experienced Riverside County car and motorcycle accident lawyer who would educate them about their legal rights. If negligent operation by any of the motorist caused this car accident, then he may be legally required to compensate the victim’s family for the cost of treatment, and other related damages.

The victim’s family members may file a wrongful death claim against the at-fault motorist to obtain compensation to cover funeral and burial costs, loss of love, care and companionship, and other accident-related damages.

Our law office sends sincere condolences to the victim’s family members.