Did lack of helmet use contribute to the deaths of two motorcycle riders in San Diego?

California – November 2, 2020

Two individuals suffered fatal injury after their motorcycle collided with an off-road vehicle in Ramona near Littlepage Road and Old Julian Highway. California Fire authorities could not save them despite CPR efforts.  The impact of the head-on crash ejected the occupants of the motorcycle, who were not wearing helmets at the time of the accident.  The accident is being investigated to ascertain if alcohol may have been a factor.

Motorcycles and helmets.

Motorcycle accidents are common in San Diego, often leading to exorbitant medical bills, lost wages due to missed time from work, pain and suffering, and funeral expenses related to wrongful death in some cases.  It is illegal in the state of California to ride on a motorcycle without an acceptable safety helmet. The California Highway Patrol considers not wearing a helmet an immediate safety hazard, punishable by a fine of up to $250 and/or one year of probation.

Fault.

Under California law, everyone is responsible, not only for the result of their own willful acts, but also for an injury, or wrongful death occurrence during the course of ordinary care. This means that if a driver is responsible for any part of activities that led to injury, or wrongful death, the compensation will be adjusted in accordance with the assignment of  fault to each driver.  An experienced attorney can initiate a wrongful death legal action within California’s two year statute of limitations.

Criminal DUI component.

When an accident is caused by a criminally negligent act, such as driving under the influence, criminal action will ensue in addition to civil legal action for wrongful death. Experienced car accident lawyers can work through the intricacies of a complex accident case by addressing the cited criminal components, responsibility of insurance coverage, degrees of fault and the severity of the accident damages toward a timely award.   A wrongful death legal action can be filed in court when a person dies because of the negligent, reckless, or deliberate act of another.

Seek legal counsel.

Seek legal counsel immediately after a motorcycle accident results in death and is possibly caused by DUI at the Law Offices of Jeffrey E. Estes & Associates. They can be instrumental in the financial recovery necessary to address harmful loss of life impacts to surviving loved ones and relevant funeral and burial expenses.

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650

San Diego, CA 92101

Phone: 619-233-8021

Fax: 619-233-3730

Sources:

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=945.6

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=912.6

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=912.4

https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/driving-under-the-influence/

https://www.sandiegouniontribune.com/ramona-sentinel/news/story/2020-11-02/two-killed-in-crash-involving-motorcycle-off-road-vehicle-east-of-ramona