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Motorcyclist thrown from bike after hitting freeway sign is fatally injured in Chula Vista. 

USAttorneys

California – June 27, 2022

California Highway Patrol personnel reported that a man died Sunday evening after being thrown from his motorcycle on Interstate 5 in Chula Vista. The 22-year-old rider from Tulsa, Okla., was traveling southbound on a red Honda at approximately 5:40 p.m., approaching H Street when he moved onto the right shoulder at a high rate of speed and hit a freeway sign.  The medics pronounced him as having suffered fatal injury at the scene and the accident is being investigated.  It was not known if alcohol or drugs were a factor in the crash.  If the fault is found to be with the motorcyclist, compensation to surviving loved ones may include accidental death benefits.  Surviving loved ones who may be devastated by an untimely loss may ask themselves “Where can I find attorneys near me?” when they need assistance recovering compensation to defray funeral and burial costs, as well as guidance to address anticipated negative changes to a family’s financial stability through personal injury litigation, or insurance compensation.

Accidental death benefit.

An estimated 20,160 people died in motor vehicle crashes in the United States in the first half of 2021, up 18.4% over 2020. It is not uncommon for motorcycle crashes to end in catastrophic bodily harm, or fatal injury, as riders are likely to absorb the full impacts of collisions with the ground, or metal framework of another motor vehicle, or they may be ejected into the air before landing on hard surfaces with relatively little bodily protection.  Motorcycle insurance policies may have an accidental death benefit rider, whereby the victim’s loved ones may be able to recover compensation to pay for medical treatment and funeral expenses.  A motorcycle accident attorney can review the policy to check the personal injury protection coverage (PIP) that includes death benefits which may address funeral expenses, medical bills, and beneficiary amounts.

Fault impacts damage awards. 

California is a “fault” state with regard to accidents, meaning that a victim can bring a claim against the responsible party before they file a claim against their own “no-fault” insurance, and there is a two-year time period to file a suit after an accident. If roadway maintenance problems were the cause of the accident, a responsible entity may be sued for:

Compensatory damages. Fiscal recovery meant to address economic and non-economic losses of a victim caused by an accident.  Total awards can include:

  • Economic damages for present and future loss of earnings, medical bills, current and future medical care, household expenses, and
  • Non-economic damages for pain and suffering, mental anguish and loss of consortium or companionship.

Punitive damages. Under California law, it is rare that punitive damages are considered and will be based on occasions where an individual’s actions were found to be reckless, intentional, egregious, and harmful, resulting in the injury.

Hire an attorney.

A California accident attorney can be instrumental in damage recovery to cover unexpected expenses related to untimely death, and to ensure future financial stability for dependents of the person who died.  They can work with insurance companies to expediently pay costs related to funeral and burial expenses, and address losses sustained to property, medical bills, lost wages, or future expenses incurred by the estate of the person who died.  The Law Offices of Jeffrey E. Estes & Associates can assist surviving loved ones with insurance claims after a fatal injury caused by a motorcycle accident.

 

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:

  1. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23103.
  2. I-5 crash: 22-year-old motorcyclist killed (fox5sandiego.com)
  3. License Requirements – California DMV
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