UNION TRIBUNE Susan Shroder reported that a 21-year-old man riding his motorcycle lost control and collided with another motorcycle rider. According to officer David Stafford, the motorcycle accident happened at 6:30 p.m. on July 16, 2010, on Carroll Canyon road near Businesspark Avenue. The Harley-Davidson’s rider heading southbound at a high rate of speed, lost control of his motorcycle, and slid into another Harley-Davidson being driven northbound on Carroll Canyon by a 25-year-old man. Both riders were seriously injured and taken to local trauma centers for treatment, according to Stafford. Potential criminal charges are pending further investigation by the department’s Traffic Division. According to CHP’s statistics (Statewide Integrated Traffic Records System), in 2008 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.
Applicable California Law
The rider who caused the accident faces potential criminal charges under California Vehicle Code 22350 and possibly reckless driving causing bodily injury in violation of Vehicle Code 23104. In addition, there would be civil liability claims for property damage and bodily injury including medical expenses, loss of earnings and earning capacity, as well as compensation for pain and suffering. If the speeding riders conduct is proved to be grossly negligent, punitive damages can also be claimed.
Driving a motorcycle can be exciting and exhilarating, but some young and inexperienced riders are tempted to push the limits when riding. However they can cause motorcycle accidents, and auto accidents, which usually results in serious injury and or wrongful death. Talking to an experienced personal injury attorney before any action is taken is the key receiving fair compensation and justice.