Our community mourns this week as early in the morning on September 6th, in the San Diego suburb of Chula Vista, a single vehicle motorcycle accident claimed the life of the passenger and left the driver hospitalized with grave injuries.
Our deepest condolences are extended to the family of the woman who lost her life in the collision, as we also hope that the driver will be able to make a full recovery quickly. He is currently being treated at the UC San Diego Medical Center with no details of his prognosis yet to be released.
The single vehicle crash occurred on the southbound side of Interstate 5 on the E Street off-ramp somewhere between 3:30 and 4 A.M on Saturday morning. Officials have yet to determine the official cause of the collision as right now it appears as if the bike drifted off of the highway.
The investigation remains open, with authorities surmising that the driver was trying to enter the ramp at a high speed, misjudged, and ran off of the road. This is preliminary speculation as investigators are also going to be looking into the possibility that there were drugs and/or alcohol involved.
Fatal Collision Statistics
An accident where only one motorcycle is involved is not an uncommon occurrence. According to a report issued by the National Highway Traffic Safety Administration (NHTSA) in 2011, a quarter of all fatal bike collisions are the result of a collision with a stationary object as opposed to another moving vehicle.
The very nature of driving a two wheeled vehicle makes it more difficult to control, especially when driven at a high speed. At this point in the investigation it is still unclear if high speed was a factor in causing the driver to lose control over the bike or if there were other mitigating circumstances.
Who Was At Fault?
If there is proof that he was speeding or if a blood test reveals that there were drugs and/or alcohol in his system then fault for the accident will be found with the driver. At this point though there is still the possibility of other causes to consider, such as an oily stain on the roadway or defect with the bike itself.
While the personal ramifications for the driver of the motorcycle in the Chula Vista accident are unimaginable, he may also be facing legal consequences if the results of the investigation into the accident show that he was at fault. Not only may criminal charges be filed against him, but the family of his deceased passenger could file a wrongful death lawsuit if circumstances allow. This is usually done to help offset any funeral and burial costs, but can also be helpful if the victim had dependents who relied on her financially.
Was The Motorcycle Defective?
As part of the investigation into the cause of this horrific accident, the motorcycle itself will be checked for any defects. Hog defects occur with alarming frequency, with dozens of recalls taking place each year for a variety of different reasons.
Brake failure, handlebar defects and poor tires are all known defects sometimes found in motorbikes. Any one of these could have been behind the fatal San Diego motorcycle collision.
If the investigation reveals that a defective part was the cause of this accident, then a product liability claim could be filed on behalf of the victim by a member of her family. The driver will also have the right to pursue a product liability claim to help recover the monetary damages as a result of his treatment at the UC San Diego Medical Center.
A product liability claim is more than just a way for seeking compensation. This type of litigation helps to bring a defective product to light in order to help protect anyone else from being injured by it. There may have been an inherent defect with the overall design of the part, or in its manufacturing. Either one of these events could be devastating to a motorcyclist, his or her passenger and any other motorist driving close by.
With a product liability case, every company who had control over the product at some point may be found negligent in its handling, causing the defect. This not only includes the manufacturers of the part and the bike, but also the distributors and retailers. If there is indeed found to be a defective part of the motorcycle involved in this unfortunate accident, both the family of the deceased and the driver will have a lot of options to consider when it comes time to try and at least reclaim the monetary damages that were caused.
Those who have lost their loved one due to a fatal motorcycle collision are encouraged to contact our law firm for a free confidential case evaluation. Although many collisions will not result in compensation, there are others for which burdened family members can receive money to help pay for funeral expenses and other costs that arise from these tragic occurrences.
Call (800) 838-6644 to receive your free consultation with no obligation to hire.