SAN DIEGO NEWS NETWORK reported that 60-year-old Martin Davidoff of Riverside county was severely injured with burns over most of his body resulting from a motorcycle crash on State Route 76 near Pala on May 2, 2010. According to the California Highway Patrol, Davidoff was riding his motorcycle eastbound, at around 1:30 p.m., when he rear-ended a pickup truck, which was stopped in traffic. The impact caused the motorcycles gas tank to rupture and spill gas on the road and Mr. Davidoff, subsequently a fire ignited the fuel, covering him in flames. Passers-by pulled him from the wreckage and a Pala tribal police officer, who was in the area, put the flames out with a fire extinguisher. Davidoff was airlifted to UCSD Medical Center in serious condition.
We wish Mr. Davidoff a full and speedy recovery from his injuries.
Applicable California Law
Since the driver of the pickup truck did not complain of injuries at the scene, her physical condition is unknown at this time. It is unclear as to what caused Davidoff to rear-end the pickup truck as the CHP in Oceanside is still looking for witnesses. However, the fact that the gas tank failed would lead to suspicion of a possible defect. To evaluate the merits of a potential product liability claim, a thorough investigation of the accident scene, the vehicles involved, as well as the motorcycle, must be conducted. Expert opinion would be required to determine if the motorcycle, any of its’ component parts, or possibly its’ design was defective. If, after a comprehensive analysis, it is determined that the motorcycle was defective Mr. Davidoff could pursue a claim for damages. His rear-ending the pickup could have been a contributing factor, which could affect the value of his claims.
Serious and sometimes catastrophic injuries are common in cases involving motorcycle accidents. Taking prompt action in gathering, preserving, and analyzing evidence is critical to being able to prove liability, causation, and damages. In far too many instances evidence is lost, destroyed, or otherwise becomes unavailable, making it hard or impossible to prove your case. This is true in most accidents resulting in serious injuries such as auto accidents, bike accidents, truck accidents and, in particular, accidents involving product liability. Talking to an experienced personal injury attorney can make the difference in preserving your options.