Generally speaking, it is extremely important to file a claim even if you think you may bear some responsibility for the crash. Yet perhaps even more importantly, you should know the proper steps for moving forward with your claim to give yourself the best chance at obtaining full compensation for your losses.

Do Not Admit Fault—Even if You Think You Might be Partially to Blame

The first thing to know about seeking financial compensation for your motorcycle accident injuries is that you should never admit fault. Even if you think you may bear some responsibility for the accident, you should never provide this information to law enforcement officials at the scene or to any insurance adjusters. You will need to provide factual information to law enforcement officials at the scene, which is important to do. When you contact your insurance company, you will also need to provide basic information about the facts concerning the collision. However, you should never tell an insurance company that you think you might be partially to blame.

Keep in mind that insurance companies are not on the side of any insured. Rather, insurance companies and adjusters are thinking about their own bottom line. If an insurance company thinks you might be responsible for a crash, it may attempt to lower the settlement offer. If an insurance company can avoid paying out a claim altogether, it will certainly do so. Accordingly, only state the facts and keep your thoughts about liability to yourself until you speak with a motorcycle accident attorney.

Know That You can Still Obtain Damages Even if a Court Says You are Partially at Fault

Whether you are seeking a settlement from an insurance company or end up taking your case to court, it is important to know that you can still receive compensation even if you are partially to blame. To be clear, it is still worth it to seek compensation even if you think you bear some responsibility for the crash because California law still allows you to obtain damages.

Under California’s comparative fault law, whether a plaintiff is 1% or 99% at fault, the plaintiff can recover compensation. However, the plaintiff’s damages award will be reduced by the plaintiff’s percentage of fault. In California, comparative fault does not bar a plaintiff’s ability to recover.

Contact a Rancho Bernardo Motorcycle Accident Attorney

Were you involved in a motorcycle accident in Rancho Bernardo? If you suffered injuries because of another motorist’s negligence, it is essential to file a claim for financial compensation. An aggressive Rancho Bernardo motorcycle accident attorney at our firm can begin working on your case today. Contact the Walton Law Firm for more information about motorcycle accident lawsuits in California.

See Related Blog Posts: Motorcycle Crash Rates Increase in Southern California (and North County) Motorcycle Awareness Month in Valley Center

Whether you are in North County or another part of San Diego County, it is important to know that motorcycle crashes, and auto accidents more generally, are on the rise. While California does not have the deadliest roads in the U.S., it certainly does not have the safest ones, either.

According to a recent report in the Patch, traffic collisions are the leading cause of death for Americans under the age of 55. Motorists in California should know that there were 3,623 deaths in motor vehicle crashes in 2016—one of the highest rates in the country—and that the road death rate is 9.2 per 100,000. Those figures place California at a rank of 38th in terms of the deadliest state roads in the country. Many of those collisions could be prevented, and the numbers are even worse when we look at motorcycle accident fatalities.

Motorcycle Accidents are Common in California

A recent article in The Mercury News cites the growing rate of motorcycle accident fatalities on California highways, neighborhood streets, and rural roads. In particular, the rate of deadly motorcycle crashes continues to rise in Southern California, including in San Diego County. As the article emphasizes, motorcycle crash deaths have become so common in Southern California that they have ceased to be “particularly newsworthy.” In any given month, there are dozens of motorcycle accidents in the state, and a majority of these collisions “garner only a few sentences in the newspapers.”

Since 1997, motorcycle crash rates in Southern California have more than doubled. To put that statistic another way, in the last 20 years, motorcycle fatalities have increased by more than 100%. Safety advocates refer to the increase as a “silent epidemic,” underscoring that many of these deaths happen during the summer months. July, in particular, is usually the most deadly when it comes to motorcycle accidents in the state.

In response to the growing rate of crashes, state authorities have developed public awareness campaigns, have provided free fluorescent vests to motorcyclists, and have created motorcycle safety classes. These efforts have been insufficient given that they have not reduced the rate of deaths (and in fact, as we noted, those rates have risen dramatically). Why are so many motorcycle crashes happening in Southern California?

Lane Splitting is Now Legal—and Dangerous—in California

One reason that motorcycle accidents have increased this year, commentators suggest, is the implementation of a new lane-splitting law in California. In 2017, lane splitting was legalized in the state, with those in favor of it arguing that it would help with traffic congestion and would help to prevent motorcyclists from overheating in the high Southern California temperatures. Some people who support the law suggest that making lane splitting legal helps to make riding safer because it provides boundaries for lane splitting, which motorcyclists do regardless of its legality.

Besides lane splitting, what explains the high death rates? There are more motorcyclists licensed in California than in other states, which means there are more motorcyclists on the roads. Given Southern California’s year-round warm weather, motorcyclists typically are on their bikes more often than riders in other states. Even so, the article suggests that the state needs to do more to assess the motorcycle accident death rate and to take preventive measures.

Contact a North County San Diego Motorcycle Accident Lawyer

If you were injured in a motorcycle crash, you should speak with a North County motorcycle accident lawyer about your case. Contact the Walton Law Firm for more information.

See Related Blog Posts: Vista Road Rage Accidents and Aggressive Driving Motorcycle Awareness Month in Valley Center

(image courtesy of Razvan Mirel)

Could a multi-vehicle accident caused by road rage and aggressive driving happen in Vista, California? According to a recent report from ABC News, a motorcyclist’s road rage and aggressive driving caused a serious crash around Santa Clarita. The collision involved a sedan and a pickup truck, and that pickup truck overturned as a result of the crash. The motorcyclist—who was caught on film by other drivers, fled the scene of the car accident. The incident should alerts drivers throughout Southern California to the serious risks associated with road rage and other forms of aggressive driving.

Details of the Road Rage Accident

According to report, the accident happened at approximately 5:45 a.m. on a recent weekday morning. While witnesses could not say precisely what started the altercation, those heading southbound on State Road 14 managed to film a motorcyclist who “appears to try to kick the sedan” the approaches on his right. As a result of the motorcyclist’s behavior, the “sedan veers to the left and briefly collides with the motorcyclist before losing control and crashing into the highway divider wall.”

Yet these were not the only vehicles involved in the crash. “The momentum from the crash sent the sedan toward the middle lane of the highway, where it collided with a white Cadillac pickup truck, causing the truck to overturn.” Reports indicate that the truck driver sustained moderate injuries and was taken to a nearby hospital to be treated. Following the collision, the motorcyclist continued driving southbound without stopping. The crash remains under investigation with the California Highway Patrol.

Majority of Drivers Get Angry on the Road, AAA Study Says

Could an accident like the one discussed above happen in Vista or in other parts of Southern California? According to a study from the AAA Foundation for Traffic Safety, road rage is much more common than you might think. Indeed, as the authors of that study note, “nearly 80 percent of drivers expressed significant anger, aggression, or road rage behind the wheel at least once in the past year,” and about eight million drivers admit to engaging in “extreme examples of road rage.” What is extreme road rage? The study cites behaviors such as “purposefully ramming another vehicle or getting out of the car to confront another driver.”

The following figures help to show the severity of road rage and risks of a serious crash:

• 51% of drivers admit to purposefully tailgating;
• 47% have yelled at another driver;
• 45% of drivers honk to show annoyance or anger;
• 33% percent of drivers admit to making angry gestures;
• 24% have tried to block another vehicle from changing lanes;
• 12% of drivers admit to cutting off another vehicle on purpose;
• 4%, or 7.6 million drivers, admit to getting out of their own vehicle to confront another driver; and
• 3% of drivers, or 5.7 million people, admit to bumping or ramming another vehicle on purpose.

Almost two out of three Americans surveyed believe that aggressive driving has become a more serious problem, and about 90% of people surveyed think that aggressive driving poses a serious safety risk. Yet, as you can see, many drivers continue to engage in these risky behaviors.

Contact a Vista Car Accident Lawyer

Were you injured in a motor vehicle collision caused by an aggressive driver? An experienced Vista car accident lawyer can speak with you about filing a claim for compensation. Contact the Walton Law Firm today to discuss your case.

See Related Blog Posts: Motorcycle Awareness Month in Valley Center Distracted Driving Awareness Month in Vista

(image courtesy of David Cohen)

If you live in Valley Center or elsewhere in Southern California, now is a great time to learn more about motorcycle safety. According to a recent article in the Patch, May is Motorcycle Safety Awareness Month in California, and the California Highway Patrol (CHP) is taking steps to prevent serious and deadly motorcycle accidents throughout the state. Although the weather is warm enough year-round for motorcyclists to enjoy the streets and highways of Southern California, it is a fact that more bikers are on the road in the spring and summer months. As such, it is an important time to assess previous motorcycle safety problems and to institute better practices going forward.

High Rate of Motorcycle Accidents Last Year in California

As the article explains, we are not seeing a noticeable reduction in the rates of motorcycle accidents in California. In 2015, there were 494 motorcycle accident fatalities and more than 13,500 accident-related injuries. By 2016, the number of nonfatal accidents had increased to more than 14,000, while the fatality rate dropped, although not considerably, to 476.

Part of the reason that there are so many motorcycle accidents in California is that there is a particularly high number of licensed riders in our state. There are currently “more than 884,000 registered motorcycles and more than 1.4 million licensed riders in the state,” the article says. According to the CHP, as we mentioned, “throughout the spring and summer, the number of motorcyclists on the road will increase.”

Safety First on California’s Highways

Given the high rate of motorcycle accidents and injuries, the CHP is focused on reducing the number of motorcycle accidents and injuries and creating a safer environment for bikers. Part of that safer environment revolves around renewed campaigns to share the road, which emphasize that automobile drivers and truckers have a responsibility to motorcyclists, just as motorcyclists have a responsibility to other motor vehicles on the highway. What does the CHP recommend when it comes to sharing the road?

The CHP has the following tips for automobile drivers:

• First and foremost, stay alert to your surroundings;
• Recognize that motorcyclists can be hard to see (and thus always look twice before changing lanes or turning left);
• Use common sense when you are on smaller roads or on the highways;
• Be courteous to all other motor vehicle drivers on the road always keep safety measures in mind.

What can motorcyclists do to help prevent accidents? The CHP recommends the following:

• Always use a turn signal;
• Avoid riding in a car’s blind spot; and
• Wear a DOT-approved helmet.

Much of the May safety campaign involves raising awareness about sharing the road and understanding the differences between automobiles and motorcycles when they are on the highways together. The key is acknowledging that car drivers and motorcyclists have duties toward one another, and the sooner we take into account our own safety just as much as another driver’s, the sooner we may see a reduction in motorcycle accidents, injuries, and fatalities.

Contact a Valley Center Motorcycle Accident Attorney

If you have questions about filing a motorcycle accident lawsuit, a Valley Center motorcycle accident lawyer can speak with you today about your case. Contact the Walton Law Firm to learn more about how we can assist you.

See Related Blog Posts: Harley Riding Law Professor Wins With Former Student Motorcycle Accidents on the Rise in San Diego

(image courtesy of Igor Ovsyannykov)

When well enough, she knew she needed legal representation, and many lawyers to choose from considering she had over the years trained several hundred San Diego lawyers. When it came time to pick up the phone she called Randy Walton at Walton Law Firm, a lawyer she taught over 20 years ago, and one she had always respected. The feeling was mutual. Randy was honored to take the case of his former professor, someone he always admired.

Here at Walton Law Firm we love happy endings. Jane is healing well and back on her motorcycle, and Randy was able to get Jane a very sizable monetary recovery for the damages she suffered in her motorcycle accident. In her appreciation for the work of Walton Law Firm, Jane sent Randy the following letter:

21 February 2017
Dear Attorney Randy Walton,
I am writing to thank you with all of my heart for the work that you did for me after my near fatal motorcycle accident. Although the Harley that I was riding did not make it through the accident, I did. But I only made it after almost five months in the hospital and various surgeries. You made that long, painful voyage tolerable. You came to visit me at each stage of my recovery just to check in on me and did all the heavy lifting with three different insurance agencies and multiple hospitals. If it was not for your outstanding negotiating skills, legal writing and amazing personality I would not have been made whole in the settlement. You are not only an amazing lawyer but you are a caring and decent person.
I am a retired Marine Corps colonel and was a lawyer in the Marines for over 24 years. I have been teaching lawyers, legal officers, paralegals and both military and civilian judges. I have been teaching civilian law students since 1994. I have supervised and evaluated hundreds and hundreds of attorneys across the United States and in Japan. I remember you from over 20 years ago when you were a law student and even back then you were head and shoulders above your contemporaries. I may have taught you something about a being a trial lawyer, but when I needed someone to navigate the extremely complex area of personal injury, I knew where to go. You needed to teach me! You did and you never left my side and left me with questions which were unanswered. I am forever in your debt.
I am back to riding my Harley Davidson TriGlide and I will carry you in my heart for good luck. Of all the attorneys I have dealt with since 1975, you are in the top 1% of all of them. I was the victim and you made me a winner. I would enthusiastically recommend you to anyone who needed a personal injury lawyer. You are the King!!!!!
Fondly,
Jane L. Siegel

Generally speaking, the rate of deadly motorcycle accidents has been declining in the United States over the last decade. However, the rate of fatal motorcycle accidents actually has been rising in California, according to a recent article in Health Canal. While the cumulative rate of motorcycle accidents declined by about 7% in 2013, the rate of motorcycle deaths actually rose by 13% in California. Concerned about the spike in crashes and deaths, Southern California Public Radio (SCPR) looked at motorcycle accident rates between 2003-2012 and determined that fatal crashes increased by 23% across the state.

Why do the numbers make it seem as though motorcycling is more dangerous in California? Are motorcyclists at greater risk of suffering a serious or fatal injury in an accident in our state?

Highest Increases in Motorcycle Accident Fatalities in Southern California

According to the article, the counties with the highest rates of motorcycle accident fatalities were located in Southern California. The largest increase in deadly motorcycle accident rates occurred in Los Angeles County, which saw a 49% rise from 2003 to 2012. The counties that were next in line with extraordinarily high increases in deadly crashes were Orange County and San Diego County. Both counties saw upsurges in serious and fatal motorcycle accident injuries.

While these counties had the most salient increases, the article emphasizes that very few counties reflected the overall decrease in fatalities across the country. In other words, most counties in California saw an uptick in motorcycle injuries between 2003 and 2012.

Helmets Not Apparently a Significant Factor

If we look at the statistics across the country, states that have helmet laws tend to have lower rates of motorcycle accident fatalities. Indeed, as the Health Canal article makes clear, statistics show that helmets reduce the rate of death in motorcycle crashes by about 37%, and they reduce brain injuries by nearly 70%. However, as the article in Health Canal underscores, California has had a universal helmet law in effect since 1992. As such, the rising rate of motorcycle accident fatalities does not seem to be connected to helmet laws.

If helmet laws are not a significant factor, to what should we attribute the increase in motorcycle accident deaths? While experts cannot say with certainty why more crashes and deaths are occurring in California than elsewhere in the country, the report from Southern California Public Radio suggests that the rise in accident injury and fatality rates likely have a causal factor: “inexperienced or rusty riders on the road, enticed by two things: years of rising gas prices and a better economy.”

Impact of Economy and Better Weather in Southern California

According to Chris Cochran, a spokesperson for the California Office of Traffic Safety, “the recession is becoming over, and people are getting out there and doing more of what they were doing earlier.” Cochran suggested that the recession may have prevented recreational motorcyclists from riding due to the costs of maintenance and gas, and now that the economy is bouncing back, more recreational riders can afford to get back on the road.

In addition to the end of the recession, it is also possible that the warm weather in Southern California has been playing a role in the rate of motorcycle accidents. The SCPR report emphasizes that many recreational motorcyclists travel to Southern California to ride. A California Highway Patrol officer told SCPR that California has become “a destination that a lot of riders like to come to,” from other states in the U.S. as well as from other countries.

Contact a San Diego Motorcycle Accident Lawyer

If you or someone you love got hurt in a motorcycle crash, an experienced motorcycle accident attorney in San Diego can help. Contact the Walton Law Firm to learn more about our services.

See Related Blog Posts: Motorcycle Safety Enforcement in California Avoiding Common Motorcycle Accident Scenarios (image courtesy of Jack from Mohrsville Pa., USA)

If you are riding on a motorcycle in San Diego, are you at higher risk of suffering injuries in an auto accident than other motorists? According to a recent article in the Ventura County Star, law enforcement officials in our state are concerned about motorcyclist safety and are conducting motorcycle safety enforcement operations in Southern California. It is important to know the risks associated with motorcycle accidents, and it is essential for bikers to understand the ways in which we can all work together to prevent deadly crashes.

Safety Enforcement Operation Targets Common Motorcycle Accident Areas According to the article, earlier this month the Ventura County sheriff’s office planned an operation to “patrol areas frequented by motorcyclists and where motorcycle crashes have occurred.” The law enforcement officers planned to keep a close eye on traffic violations committed by automobile drivers, but also by motorcyclists who share the roadways. While not all motorcycle collisions occur during daylight hours, more auto accidents happen during the daytime work week than you might think. As such, the enforcement period focused on the hours between 7:00 a.m. and 2:00 p.m.

What are some of the behaviors and violations the Ventura County sheriff’s office aimed to stop through the safety enforcement operation? Authorities are interested in both identifying traffic violations that can put other drivers and riders at risk in addition to helping motorcyclists to learn ways of staying safe on the road. Generally speaking, traffic citations can be issued for certain forms of aggressive driving, such as speeding, running red lights, and riding through stop signs. But other safety issues involving motorcycles do not necessarily allow law enforcement officers to issue citations. According to the article, the safety enforcement operation also hoped to encourage motorcyclists and automobile drivers to pay attention to the following issues:

• Knowing the importance of sharing the road, both for motorcyclists and automobile drivers alike;
• Automobile drivers looking twice for motorcyclists before turning, entering the highway, or changing lanes;
• Motorcycle riders wearing helmets and protective clothing;
• Motorcyclists only changing lanes when there is “ample room” to do so;
• Staying with the speed of traffic, particularly if you are a motorcyclist (and not speeding ahead or weaving between cars); and
• Motorcycle riders using lights at all times, even during the day.

A guide from Consumer Reports emphasizes that, while not all states require motorcyclists to wear helmets, a helmet is indeed required of all riders in California. Wearing a DOT-approved motorcycle helmet is not just an important safety decision—it is also the law.

Causes of Motorcycle Accidents Given the key issues in the motorcycle safety enforcement operation we discussed above, you may be able to guess some of the primary causes of motorcycle collisions. According to a fact sheet from the Governors Highway Safety Association (GHSA), the following represent some of the most common reasons that motorcycle accidents and fatalities occur:

• Failure to wear a helmet;
• Failure to have a valid motorcycle license and/or training;
• Impaired riding or driving (driving under the influence of drugs or alcohol); and
• Speeding.

In 2013 alone, according to the GHSA, more than one-third of all deadly motorcycle accidents involved riders who had been speeding.

Contact a San Diego Motorcycle Accident Attorney If you or someone you love suffered serious injuries in a motorcycle collision, an experienced San Diego motorcycle accident lawyer can help. Contact the Walton Law Firm today to learn more about our services.

See Related Blog Posts: Avoiding Common Motorcycle Accident Scenarios Preventing Motorcycle Accidents with Better Technology

What to Do When a Car Turns Left in Front of You

Cars turning left abruptly in front of motorcyclists are among the most common causes of a severe or fatal motorcycle accident. Automobile drivers often have difficulty determining the speed of a motorcyclist, and in some cases, those drivers simply do not see bikers at all. How can you avoid being involved in such a collision?

The key to avoiding a “left turn” accident is to pay attention. If you can see an accident coming and can predict that a car or SUV will turn in front of you, you can adjust your speed and direction in order to avoid a crash. Some signs that a driver might turn in front of you include but are not limited to:

• Car at an intersection waiting to turn left; and
• Gap in traffic around an intersection or a parking lot.

If you can see the potential for an accident to happen, you can apply both brakes and give yourself an opportunity to avoid a serious injury. As the fact sheet emphasizes, “even if you only have time to lose 10 or 20 mph, that could be the difference between going home with bruises and going home at all.”

What to Do When You Hit an Unexpected Rough Patch in the Road

For motorcyclists, the risk of a rough or uneven area of road is a well-known danger. To be sure, if you attempt to round a corner and hit a patch of gravel, leaves, sand, or ice, you can risk wiping out and being thrown from your motorcycle.

How can you avoid this kind of accident? In short, it is essential to approach curves in the road slowly. If you can see a rough patch of highway, you can avoid it. And even if you do not notice a patch of sand or a bump in the road (normally, highway signs will alert you to a bump or uneven area), riding slowly and abiding by the speed limit can help to prevent an accident.

What to Do if a Car Cuts You Off in Your Lane

When cars unexpectedly change lanes and do not put on their turn signals, they can cause severe motorcycle accidents. You can help to prevent such an accident by always paying attention to drivers’ blind spots and avoiding them as much as possible. If you are able to see a driver in her mirror, then it is most likely that she can see you, too. And if you notice a car’s turn signal come on or see the vehicle veering toward another lane, slow down and ensure that you remain outside the driver’s blind spot.

Most importantly, motorcycle riders should always complete a basic safety course and should wear protective gear. You might feel as though you are invincible while you are on your bike, but a distracted automobile driver can unexpectedly cause a deadly collision. If you or someone you love suffered injuries in a motorcycle accident, you should learn more about your options from an experienced San Diego motorcycle accident attorney. Do not hesitate to contact the Walton Law Firm to discuss your case.

Photo Credit: Andrew Wong MPLS via Compfight cc See Related Blog Posts: Preventing Motorcycle Accidents with Better Technology Deadly Motorcycle Accidents and Safety Measures

Connecting Riders to Improve Safety

As the article emphasizes, “connected motorcycles may sound cool, but researchers are delving into more serious aspects of them.” For instance, dedicated short-range communications (DSRC) applications might be able to reduce the number of injuries and fatalities that occur in motorcycle accidents. If connected motorcycles become the norm, riders who have been involved in an accident can quickly reach out for assistance. And some applications might even be able to connect riders involved in collisions immediately with emergency medical responders.

Up until recently, connected motorcycles weren’t common like connected cars. In 2013, however, Zero Motorcycles produced a mobile app that allowed riders to communicate via Bluetooth, and it also allowed the company to diagnose mechanical problems with a bike while being hundreds—or even thousands—of miles away. This kind of connectivity has recently been added to Zero’s lightweight electric bikes. As a result, according to the director of consumer experience at the company, “our bikes’ owners can communicate with us from anywhere in the world using our mobile application and its connection.”

And what does such connectivity produce? When it comes to traffic collisions, “the result is a 50% faster response than before for emergency service.” Zero and other motorcycles companies also hope to add vehicle-to-vehicle (V2V) technology to bikes in the near future, allowing riders’ bikes to communicate with one another. The goal of V2V, ultimately, is “to prevent accidents,” and such technology could be mandatory as early as 2017.

New Age of Smart Helmets

In addition to connected vehicles, technology is also improving the safety of motorcycle helmets. The smart helmet entered into its first stages of development in 2013, and the owners of the Skully AR-1 smart helmet expect to delivery the first batch of orders by December of this year. What is a smart helmet?

Smart helmets provide riders with “full situational awareness with GPS navigation, a blind-spot camera view, and transparent heads-up display (HUD)” With these tools, the helmets deliver essential information to motorcyclists without causing distractions. And as many of us know, distracted driving (or, in this case riding) can quickly lead to a deadly auto accident. In addition to preventing crashes, smart helmets can also be synced with the bike’s fuel tank, for instance, to alert the rider that she or he needs to stop for gas.

Although connected motorcycles and smart helmets aren’t yet the norm, Californians who are in the process of developing these products hope that they’ll ultimately lead to a drastic reduction in the number of motorcycle accident injuries and fatalities on our roads each year. In the meantime, if you or someone you love suffered serious injuries in a motorcycle accident, you should contact an experienced San Diego motorcycle accident lawyer as soon as possible to discuss your case.

Photo Credit: linie305 via Compfight cc See Related Blog Posts: Deadly Motorcycle Accidents and Safety Measures More Hit-and-Run Accidents in San Diego

Motorcycle accidents can be extremely serious, and in many cases they result in fatal injuries. According to a recent article in U-T San Diego, a 46-year-old man from Fallbrook died in a motorcycle crash late last month. What happened? Based on testimony from the group members with whom he had been out riding and the California Highway Patrol officer who responded to the accident, the motorcyclist rode ahead of the others and “entered a curve at high speed, braked, and lost control of his motorcycle.” The rider “was thrown from the bike and hit his head [on] the metal guard rail.”

The force from the collision was so extreme that the motorcyclist’s helmet was knocked off, and the other riders found him “lying in the road, unconscious.” The accident occurred around 11:20 p.m. The motorcyclist was rushed to a hospital in Escondido by emergency responders, but he later died from the traumatic head injury he sustained in the crash.

What caused the crash? The initial California Highway Patrol report suggests that aggressive driving—speeding, specifically—led to the deadly accident. This crash, as with numerous other motorcycle accidents, likely could have been prevented. What do you need to know to prevent fatal motorcycle injuries?

Motorcycle Safety: Preventing Deadly Accidents in Southern California

According to a report from the Centers for Disease Control and Prevention (CDC), motorcycle crashes result in more than 4,500 deaths each year. Thousands more produce debilitating injuries, making motorcycle accidents “a growing public health concern.” To be sure, the financial cost of motorcycle collisions has grown in recent years, totaling about $12 billion annually. It’s more important now than ever to take note of these facts, given that “motorcycle ownership is at an all-time high,” particularly in sunny California. What can you do to ensure that you or someone you love avoids a devastating motorcycle crash?

The CDC emphasizes that we should know the risk factors for a deadly motorcycle collision:

• Age is a major factor, and the age of many motorcycle accident victims has shifted in recent years. While young people used to be the ones who were most susceptible to a crash—making older drivers, perhaps, consider themselves safer on their bikes—more than 50 percent of all deadly motorcycle accidents in recent years have involved drivers aged 40 and up.
• Helmets are extremely important for motorcycle safety. To be sure, more than 40 percent of motorcycle operators and 50 percent of motorcycle passengers who sustain fatal injuries in accidents weren’t wearing helmets.
• Riding under the influence of alcohol and/or drugs drastically increases your risk of being involved in a deadly collision. Nearly 30 percent of motorcyclists who sustain fatal injuries in accidents have blood alcohol concentrations above the legal limit.
• Believe it or not, the type of motorcycle you ride can be a risk factor for a fatal crash. Most people who suffer life-threatening injuries, according to the CDC, “are riding sport motorcycles with mid-size engines designed to maximize speed and agility.”

If you recently lost a loved one in a motorcycle accident, you may be eligible to file a claim for compensation. Many deadly accidents occur because of another driver’s negligence. Contact an experienced San Diego motorcycle accident attorney today to learn more about how we can assist you with your case.

Photo Credit: itarugra via Compfight cc See Related Blog Posts: More Hit-and-Run Accidents in San Diego Dangerous Motorcycle Accidents in Southern California

Have hit-and-run accidents become a serious problem in the San Diego area? At the beginning of the summer, we told you about recent data suggesting that San Diego County is experiencing increasing incidents of deadly hit-and-run crashes. By June of 2014, the California Highway Patrol (CHP) catalogued more than 17,000 of these dangerous collisions. Those accidents resulted in 60 fatalities, and left more than 7,000 seriously injured.

Are pedestrian fatalities becoming the norm in Southern California? According to a recent story from NBC San Diego, deadly hit-and-run accidents continue to happen in our area.

Marine Dies in Hit-and-Run Accident

The frightening trend surrounding hit-and-run accidents continued over the summer. An active duty Marine suffered fatal injuries after he was struck by a box truck in Oceanside, California. The 22-year-old Marine, Joseph Bizzarro, was riding his motorcycle when the truck hit the back of his bike. Bizzarro “suffered major blunt head trauma,” while the “truck driver fled from the scene,” according to NBC San Diego.

The truck was identified as a “B

udget Rental.” The driver attempted to make an illegal U-turn in front of the motorcyclist; after realizing the truck’s intended movement, Bizzarro was not able to stop in time. Bizzarro was riding his bike to the military base when the accident occurred.

Emergency medical responders arrived on the scene the morning of the accident, and Bizzarro was airlifted to a local hospital, where he was placed on life support. He died as a result of his injuries several hours later.

In Bizzarro’s case, the hit-and-run driver actually “changed his mind and returned to the scene,” according to Oceanside police. The driver, Ezequiel Garcia, was arrested for a felony hit-and-run accident. Later reports indicated that Garcia was driving on an expired driver’s license.

Bizzarro’s wife has mobilized members of the community to remember her husband and to seek justice. In an interview with NBC San Diego, she emphasized that she wants Garcia to receive the maximum punishment for his role in the Marine’s death.

Hit-and-Run Laws in California

In California, an offender can be charged with a misdemeanor or a felony for a hit-and-run offense. Under the California Vehicle Code, one can be charged with a misdemeanor for leaving the scene of an accident without identifying one’s self to those involved in the crash, and if another person’s property sustained damage in the collision.

One can be charged with a felony hit-and-run offense for leaving the scene of an accident without identifying one’s self to those involved in the crash, and if another person sustains an injury, which can run from a minor injury to a fatality. In other words, a misdemeanor hit-and-run offense deals with property damage, while a felony offense applies to situations where a person suffers an injury–the seriousness of the injury does affect the charge.

If you or a loved one has sustained injuries in a dangerous hit-and-run accident, contact a San Diego car accident lawyer as soon as possible. We may be able to help you secure compensation for your injuries.

Photo Credit: Alvimann via morgueFile See Related Blog Posts: Deadly Hit and Run Accidents in San Diego San Diego Crime Stoppers Addresses Hit-and-Run Accidents

Last Friday, a Ranchita man was involved in a dangerous one-vehicle motorcycle accident when he lost control of his bike near Palm Canyon Drive, according to an article in U-T San Diego. The driver is 62 years old. How did the accident happen? Reports indicate that he had been driving his Harley Davidson motorcycle on Montezuma Valley Road when he hit a curve, which caused him to lose control of his bike. According to the newspaper, he was taken to a hospital in Palm Desert by a medical transport helicopter.

A California Highway Patrol Officer at the scene explained that the victim’s motorcycle “veered across both lanes and overturned.” The motorcyclist is listed as having sustained “major injuries.”

This recent motorcycle accident isn’t the only one to make news in Southern California. Indeed, just last month, a 21-year-old motorcyclist died in a crash on the I-805, according to a report from NBC San Diego. According to the article, the accident occurred during the evening commute, just before 4 p.m. California Highway Patrol officers indicated that the driver had been moving “at a high speed” when he lost control of his motorcycle and crashed into a tow truck.

Officials at the scene told NBC San Diego that the young motorcyclist was “ejected from his bike and into the path of the oncoming tow truck,” which couldn’t avoid striking him. Reports indicated that the motorcyclist died at the scene of the crash. The county medical examiner later confirmed that the victim had been an active-duty sailor who was stationed aboard a ship docked in the San Diego area.

Have you or a loved one been injured in a serious motorcycle accident? You may be eligible to seek financial compensation for your injuries. These crashes are often fatal, and it’s important to have an experienced California motorcycle accident lawyer on your side.

Motorcycle Accident Statistics

Motorcycle fatalities unfortunately occur with some frequency in California. In fact, according to data from the California Office of Traffic Safety, the number of fatal crashes increased by 175 percent between 1998 and 2008. These numbers are particularly concerning since California actually reduced its number of motorcycle fatalities and severe injuries during the previous decade. What’s going on?

Statistics suggest that age might be a predictor of serious motorcycle accidents. According to the California Highway Patrol, “several groups of riders are over represented, compared to their presence within the motorcycle riding population.” For instance, riders aged 15-24 only represent 10 percent of all motorcycle riders, yet riders in this age group account for 22-26 percent of all motorcycle fatalities. Another predictor is gender: male riders account for 90 percent of all fatalities in California.

Motorcycle safety is very important in our state. There’s already a California Motorcyclist Safety Program in place that seeks to properly train motorcycle riders. In addition, the Centers for Disease Control and Prevention provide important safety tips to stay safe while you’re on your bike:

• Wear a DOT-approved helmet;
• Never drive your motorcycle while you’re under the influence;
• Don’t let your friends ride if they’ve been drinking;
• Always wear protective clothing;
• Don’t tailgate;
• Ride at a safe speed;
• Be especially cautious on rough or slippery surfaces.

If you or a loved one has suffered injuries in a motorcycle crash, don’t hesitate to speak to an experienced injury lawyer. Contact a San Diego motorcycle accident attorney at the Walton Law Firm today to discuss your case.

Photo Credit: Paco CT via Compfight cc

See Related Blog Posts: DUI Suspected in Pacific Beach Motorcycle Accident Older Motorcyclists Face Higher Injury Risks

However, the motorcycle accident in Pacific Beach actually happened in front of a police officer, according to a local CBS 8 station. The motorcyclist attempted to make a left turn when a driver in an automobile hit him from behind. The driver was taken into custody. He currently faces DUI charges for his role in the accident. While no specific information about the motorcyclist has been released, the California Highway Patrol expects to have more information in the coming days.

If you or a loved one have been involved in a motorcycle accident, you could be entitled to compensation. An experienced motorcycle accident attorney can discuss your case with you today. Although we can never be fully prepared for drunk drivers, the recent accident raises concerns about motorcycle safety here in California. Are you safe on your motorcycle? Motorcycle Accident Statistics According to the Centers for Disease Control and Prevention (CDC), motorcycle deaths have risen sharply since 2000. In fact, between 2001 and 2008, the CDC reported that there were more than 34,000 motorcycle fatalities in the U.S., and more than 1.2 million people were treated in emergency rooms for non-fatal injuries related to motorcycle use. Most of these non-fatal injuries affected the leg or foot area (at 30 percent), followed closely by injuries to the head and neck (at 22 percent).

Perhaps unsurprisingly, the CDC showed that the highest death rates occurred in people in their 20s, with the highest rate of death among 20-24 year olds, closely followed by people between the ages of 25-29.

Safety Tips for Motorcyclists

First and foremost, the National Highway Traffic Safety Administration (NHTSA) emphasizes the importance of riding sober. According to the NHTSA, the number of intoxicated motorcyclists who are involved in fatal accidents is much higher than the number of intoxicated automobile drivers who are involved in these crashes. The NHTSA advises all motorcycle riders to “ride smart and sober.”

The CDC also emphasizes the importance of wearing a helmet. While each state has its own law regarding helmet use, motorcycle riders should wear helmets regardless of whether their state requires it. California requires all motorcycle riders to wear helmets. Under VC Section 27803(a), a driver and any passenger on a motorcycle must wear a safety helmet that meets the standards set by the Department of Transportation (DOT).

Other safety tips include:

· Don’t ride after you’ve been drinking alcohol. Even if you’re under the legal limit, alcohol seriously impairs your operation of a motorcycle. · Don’t let your friends ride after they’ve been drinking. · Wear protective clothing in addition to your helmet. It’s also a good idea for your protective clothing to contain bright colors or reflective materials so you’re visible to automobile drivers. · Don’t tailgate. · Always stay within the speed limit and take extra precautions when inclement weather could lead to slippery road surfaces.

Licensed motorcycle accident attorneys in California can help you seek compensation if you’ve been injured in a motorcycle accident. Contact us today.

See Related Blog Posts: Older Motorcyclists Face Higher Injury Risks City of San Diego Pays $1.8 Million in Motorcycle Accident Case

Recently, a new study from Injury Prevention took a look at other factors that might affect injury after motorcycle accident. In findings that are not all that surprising, the researchers found that older motorcyclists–age sixty and above–were significantly more likely to be injured following a motorcycle accident. In particular researchers found these older travelers to have about three times more injuries after an accident when compared to their younger counterparts.

To reach their conclusions the researchers took a look at reports of serious crashes culled from the U.S. National Electronic Injury Surveillance System-All Injury Program. Over an eight year period earlier this decade that amounted to about 1.5 million motorcycle accidents.

These findings are not entirely novel, as they confirm previous investigations which had similar findings. However, the latest study is making a few headlines, particularly when considering that more and more older Americans and buying motorcycles and putting on the miles on the bike. In fact, it is safe to safe that older community members are the fastest growing cohort of motorcyclists. Two decades ago only one in ten bikers were over fifty years old. Only slightly more than a decade later and that rate had risen to a startling one in four bikers.

To be sure, younger bikers remain more prevalent than older ones in terms of raw numbers. And total accident rates still indicate that younger bikers–particular the youngest (those in their teens and twenties)–have the most total accidents. But the rate of injury subsequent to that accident increases dramatically with old age. The trends also suggest that the rate of injury is rising most with older bikers–likely a product of their increased usage overall.

Interestingly, older bikers seemed to be brought to the hospital far more often regardless of whether or not they suffered a serious or minor injury. In other words, younger bikers may rate lower on these measures, in part, not because they were not injured, but because protocols regarding going to a hospital for treatment are different. Even if that is the case, however, it wouldn’t account for all of the difference. Older bikers then are simply more likely to be harmed, if all other things about an accident are held constant, because of their physical vulnerabilities.

In any event, if you or someone you know is injured in amotorcycle accident in San Diego or the surrounding communities, please get in touch with our attorney to see how we can help.

[Image courtesy of Wikimedia Commons]

The family of a motorcycle rider who was killed in 2009 will receive $1.8 million in a settlement agreement reached with the City of San Diego. Kenneth Sully was killed at an accident-prone intersection at Pacific Highway and Cedar Street when he collided with a Toyota Corolla.

The family’s attorney Benjamin Bunn was able to show that the city of well-aware of the dangers posed by the configuration of the intersection, and that efforts to make it safer – including the addition of a $3,000 traffic signal – were repeatedly denied by city officials. According to news accounts, there were a dozen accidents at the intersection between 2006 and 2009, and that the city was aware of the dangers as far back as 1999. Three months after the fatality, the city installed a proper traffic signal.

According to the San Diego Union Tribune:

City Attorney Jan Goldsmith explained that the city had been slow to address complaints about the intersection’s dangers after a left-turn lane was created on southbound Pacific Highway in 1997. The city didn’t erect a left-turn yield sign or a turn signal, which left the impression that drivers could turn left — into oncoming traffic — once the signal turned green. Several attempts to fix the problem fizzled through the years because of budget woes and employee incompetence, Goldsmith said.

The settlement required approval by the San Diego City Council, who approved the settlement last Tuesday.

Sully, who was 58 at the time of his death, left behind a wife and daughter.

Source: San Diego Union Tribune

The San Diego accident and injury lawyers at Walton Law Firm offer free consultations to individuals who have been injured in all types of accidents, including automobile accidents, defective road design, pedestrian injuries, dog attacks / bites, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500.

According to reports, the driver of the vehicle, was not seriously injured, and was devastated by the accident. Witnesses say that driver Cynthia Kusimoto was leaving her boyfriend’s home when the accident occurred, and that she told officer’s at the scene that she didn’t see Byrd’s motorcycle.

Notably, Kusimoto was cited at the scene for not having proof of automobile insurance. That may be a clue as to whether she had liability insurance at all. Based on the news reports, Byrd would have a strong personal injury case against Kusimoto, assuming she has the insurance or the assets to pay. If not, Byrd may have maintained underinsured motorist coverage that would kick in in the event Kusimoto was uninsured or underinsured. It is also possible that Byrd would be entitled to benefits under a worker’s compensation policy, though such policies usually don’t cover individuals who are injured traveling to or from work.

Source: 10 News.com
The San Marcos personal injury lawyers at Walton Law Firm represent individuals who have been injured in all types of accidents, including auto accidents, wrongful death cases, dog bites, auto accidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free consultation.

A two-year old lawsuit against the City of Carlsbad by a man who suffered brain injuries after a motorcycle accident on La Costa Avenue has settled his case for $2.9 million. In the lawsuit, plaintiff Frank Gaetani contended that conditions along La Costa Ave. were unreasonably dangerous, that the City of Carlsbad knew about, but failed to do anything about it. Carlsbad denied the allegations, stating that it could find no similar accidents like the one Gaetani suffered in the history of the road.

The accident was a serious one. Gaetani was riding his motorcycle near the 2700 block of La Costa Ave. near Calle Madero when he colloded with a large SUV being driven by a homeowner trying to exit her driveway. Gaetani suffered serious injuries, including permanent brain damage.

La Costa Avenue has been the subject of a long dispute between residents of the busy road and the City of Carlsbad. Residents have been lobbying for years to reduce the speed limit along the road, and Carlsbad has made some efforts to make the road safer. Because of development east of La Costa, the road has become a highly used artery for people trying to get to I-5.

Carlsbad says there will be several changes in the coming years to make the road even safer.

Source: North County Times The North County personal injury lawyers at Walton Law Firm represent individuals who have been injured in all types of accidents, including dog attacks / bites, auto accidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free consultation.

According to the report, Carlsbad, Temecula, and Poway are some of the safest communities for drivers or cars and motorcycles, as well as pedestrians and bicyclists. In fact, Temecula is rated first in cities with a population of 100,000 to 250,000, and Carlsbad is ranked ninth. In the 50,000 to 100,000 range, Poway ranks fourth safest when compared to 104 similar cities. Escondido and Oceanside don’t do as well. Escondido is ranked as the fifth worst and Oceanside the eighth worst.

Here’s how the numbers breakdown. In 2009, Escondido had 844 injury or fatal accidents, Oceanside had 752, Carlsbad 350, and Temecula only 116. Cities like Encinitas, Murrieta, and San Marcos finished in the middle tier.

For motorcycle accidents, Lake Elsinore is the worst place to ride. In 2009 there were 12 fatal motorcycle accidents. Lake Elsinore also takes home the prize for most alcohol-related crashes. Murrieta ranks 18th worst in alcohol related accidents, but, oddly, is one of the safest cities for senior citizens to walk in.

Want to see how your city was ranked? Click here to read the entire report.

Source: NC Times

The personal injury lawyers at Walton Law Firm represents individuals and families who have been impacted by all types of injury-producing incidents, including auto accidents, wrongful death claims, worksite injuries, elder abuse and neglect, sexual molestation, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call at (760) 571-5500 for a free and confidential consultation.