During the early evening hours of Friday, November 7th, a San Diego motorcyclist was fatally injured after striking an SUV reported to have been in the act of turning. This horrific tragedy took place at 5:21 P.M. in San Diego's Mount Hope Section.
The driver of the motorcycle, 25-year-old Jared Daniel Grady, was heading east on the 3800 block of Market Street. Police reports imply that an SUV exited the Mount Hope Cemetery straight into the path of the oncoming motorcycle.
The driver of the SUV, an unidentified 36-year-old man, made an attempt at avoiding the crash but was too late. The motorcyclist hit the side of the SUV, San Diego police officer Ben Newton reports, and was pronounced dead at the scene.
The unexpected loss of a loved one is often felt throughout an entire community. Our deepest condolences lie with the motorcycle driver's friends and family.
San Diego County's History of Motorcycle Collisions
Those family members left behind are not alone in their grief. In 2010, the San Diego Health and Human Services Agency reported 24 fatal motorcycle accidents. Another 997 were injured that same year. For the county, that is an average of 3 traffic accidents a day that involve a motorcycle.
This high rate of motorcycle accidents can be partly attributed to the habits of other drivers on the road. Friday's accident is a perfect example of how many drivers overlook the presence of a motorcycle before turning onto a roadway.
Although probably the furthest thing on their minds right now, at some point the family of the motorcyclist is going to have to look past the loss of their loved one and see what the ramifications of his passing has done, not only to them emotionally but also financially. These losses could be recovered if they choose to file a wrongful death suit against the driver of the SUV and his insurance company.
In order to do that, they will first need a reputable attorney who works in the area. An attorney will be able to look over the accident report and witness statements to see if and how the SUV driver was negligent when he turned in front of the motorcyclist. It could be that he was careless and was not paying attention to the road, or that he failed to obey a traffic signal telling him to stop first before entering. It could be that he did everything he could, but there was nothing that could be done.
If negligence is apparent then the next step will be to decide if the family has the legal right to file a wrongful death suit. In California, a surviving spouse or child may file this type of personal injury claim. Siblings and grandparents may also do so as can any individual who depended on the deceased financially at the time of their death.
An attorney will discuss with the surviving family members the types of damages they may hope to recover. These will include funeral and burial expenses. Had the motorcyclist been treated at a hospital, those medical expenses would also be part of the suit. The monetary loss of the individual's income will be considered, but only if it was being used as a means to support the claimants financially.
Aside from monetary losses, a California court will also consider the emotional trauma to the family and their loss of love and guidance. Their value in contributing to the upkeep of the home can also be accounted for as well as the potential financial support that they would have provided.
If You See a Motorcyclist Injured on a Roadway
Knowing what steps to take after a California motorcycle accident could help to save lives and preserve evidence. In the event that you ever drive upon the scene of a motorcycle accident that requires immediate emergency assistance, you should stop to see if you can help. Your first priority should be to make sure that you are not creating more harm than good. Survey the scene and stop only if you can do so safely and in a way that allows traffic to pass by with an adequate amount of space. Once you've stopped, call 911 and report the collision.
Unless the injured party is in imminent danger, you should never move them. If they are attempting to move, discourage this. Neck and back injuries can be made worse if the motorcyclist moves without medical help. Cover him or her with a blanket or jacket and stay with them until the authorities arrive.
While waiting, make mental notes of the crash scene and take pictures with your cell phone. As an initial witness to the aftermath of an accident you could provide vital evidence if a personal injury lawsuit is filed. The positioning of the vehicles and the demeanor of the other driver are all important in proving negligence.
San Diego Motorcycle Accident Compensation
Those who are in need of a San Diego motorcycle accident attorney can call (800) 838-6644 to speak with a Timothy J. Ryan & Associates attorney about a possible claim for damages. Attorney Tim Ryan has decades of experience and a long history of satisfied clients.