Motorcycle Rider Struck While Entering Oncoming Traffic

By April 9, 2013 September 15th, 2016 Personal Injury News
Motorcycle Accident

A 59-year-old motorcycle rider was struck by another vehicle as he drove his motorcycle on April 3rd. The rider was exiting a gas station lot when an eastbound Monte Carlo, occupied by a 23-year-old driver and two other passengers, struck his motorcycle. He was flown to a nearby hospital where he was placed on life support for about two days before ultimately succumbing to his injuries on April 5th, 2013 – he was from Paso Robles, CA. The driver was not cited, or arrested, and alcohol was determined not to have played a factor. It is not clear whether the victim was wearing appropriate motorcycle safety gear at the time.

A Warning to Motorcycle Riders

Motorcycle accidents are becoming all too common, so motorcycle riders are urged to take active steps toward reducing the risk of injury while on the open road. In the case mentioned above, the accident occurred as the rider was exiting a gas station. Just like pedestrians crossing the street, motorcycle riders entering the flow of traffic should look both ways before doing so and should never assume that they have been noticed by oncoming traffic. Even if a turn signal is on that indicates an oncoming motorist will be turning into the same lot, the motorcycle rider is not in a position to assume that the signal represents the actual intent of the driver.

Along with staying alert and aware of other drivers on the road, motorcycle riders should also always wear the appropriate safety gear whenever riding a motorcycle. Whether on a cross-country road trip or local errand, motorcycle riders should never adopt the false impression that a short trip means no risk. It is not the length of time that riders are on the road that matters, but the fact that they are on the road at all that exposes them to the dangers of riding a motorcycle.

Riders can Seek Compensation from Negligent Drivers

Motorcycle riders who have been involved in a vehicle collision can seek compensation from anyone who is suspected of having contributed to the injury sustained by the rider. This not only means that drivers of other vehicles can be pursued for damages, so can manufacturers of vehicles discovered faulty – and in some cases even employers of drivers on official business at the time of an accident (delivery personnel, taxi drivers, etc.) at the time of an accident.

Case Merit

If a case has merit, it essentially means that it would be fair to pursue damages in court. Just because an injury occurs, however, it does not mean that a case is granted automatic merit.  Several nuances and restrictions in personal injury law can actually prevent an accident victim from getting the compensation that he or she deserves. For example, failure to pursue the right charges, failure to bring those charges within a designated period of time, and being a contributing factor in one’s own injuries are all reasons why a person may be barred by a court from seeking damages.

An experienced personal injury attorney can review the facts of a case to determine whether or not it has enough merit to move forward. If you were injured in Southern California while on a motorcycle, you may want to contact a motorcycle accident lawyer in Los Angeles to help you recover maximum compensation for your injuries.


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