San Diego Union Tribune correspondent Debbie Baker reported that an unnamed motorcyclist sustained serious injuries in a head-on collision in Balboa park on 2/23/11. The motorcycle accident occurred when the rider who was traveling southbound on Pershing Drive at around 9 p.m., crossed over the double-yellow lines and struck a Nissan Altima going in the opposite direction. The driver of the Altima was injured and the rider suffered a head injury and multiple broken bones. The rider was suspected of speeding at 45 mph, when the posted speed limit is 35mph, but he was not cited.
Applicable California Law
The motorcyclist will be liable for damages for violation of California speed law, Vehicle Code 22350, and Vehicle Code 21651, which prohibits vehicles from crossing into oncoming traffic when a road has been divided by double yellow lines.The driver of the Altima will have claims for the damage to his vehicle, loss of use of his vehicle while it is being repaired, as well as claims for personal injury (see my prior Blog post on personal injury damages). If the driver of the Altima contributed to causing the accident in any way, the motorcyclist could also have claims for damages against the driver, and owner of the vehicle.
Motorcycle accidents are one of the leading causes of serious injuries. They often result in serious brain injuries, spine injuries, broken bones, or wrongful death. Exploring all of your options with an experienced personal injury attorney is crucial to preserving your rights.