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Escondido Man Causes Motorcycle Accident

SAN DIEGO NEWS 10 reported that 48-year-old Timothy Allen of Escondido, suffered a heart attack on July 2, 2010 causing him to hit a motorcyclist. Allen was southbound on I-15 at around 3 p.m. when he lost control of his truck, hit a motorcycle, and swerved through the center divider. He was pronounced dead at the scene from heart failure. The motorcyclist, who was not named, was taken to a local hospital for treatment of injuries.

“Research shows that more than half of all motorcycle crashes are caused by other vehicles violating the right-of-way of a motorcyclist,” said Sean Maher, AMA director of state affairs.

Over two-thirds of car-motorcycle crashes, and nearly half of all motorcycle crashes are caused by drivers, not by motorcyclists. Of the 1,319 fatal car-motorcycle crashes in 1999, 38 percent involved another vehicle violating the motorcyclist’s right-of-way by turning left while the motorcycle was going straight, passing, or overtaking the vehicle.

Applicable California Law

California Vehicle Code 22107 requires the driver of a vehicle to stay within their lane, unless a lane change can be done safely. In this instance, although Allen lost control of his vehicle due to a heart attack, his estate would still be liable for the motorcyclist’s injuries. Allan’s auto insurance company would still be responsible for any damages up to his policy limits, and would have to defend any law suite on behalf of his estate.

Accidents resulting from uncontrollable circumstances are common occurrences. Motorcycle accidents, auto accidents, or any accident can occur due to carelessness, recklessness, or random circumstances resulting in serious injuries. If you have been injured, talk to an experienced personal injury attorney.