Tow truck moving violation causes motorcycle crash in San Diego. 

California – June 20, 2022

A tow truck driver ran a red light, striking and seriously injuring a motorcycle rider late Monday afternoon in downtown San Diego’s East Village.  According to law enforcement personnel it happened a few minutes before 5 p.m. as the truck driver was heading west on Market Street and ran the red light at 13th Street. A 29-year-old man riding a Triumph motorcycle south on 13th Street had just crossed into the intersection on a green light when the truck struck him causing him to sustain a ruptured spleen, open fractures to the two bones in his lower left leg and a fracture to his left foot. Paramedics took him to a hospital for treatment of the injuries, and further evaluation as sometimes invisible brain or spine injury can occur.  Motorcycle accident victims may ask themselves “Where can I find attorneys near me?” when they need assistance with accidental injury and property damage caused by a crash in San Diego.

Seek medical treatment.

There are instances where traumatic brain injuries (TBI) occur during motorcycle accidents when victims experience a blow to the head, penetration of a foreign object, or whiplash, but they do not immediately seek medical treatment. When brain injuries are not treated in a timely fashion there may be an increased risk of long-term brain damage, so it is important for accident victims to seek medical screening shortly after a car accident.  Individuals can recover from this type of brain injury with specialized care, but they may experience residual deficiencies that lead to the inability to continue with pre-accident employment, or activities of daily living.  A San Diego personal injury attorney may be instrumental in seeking comprehensive damages to address life changes after a traumatic brain injury.

Damages valuation.

Long and short-term health problems can occur after a traumatic brain injury depending on the type and severity of the injury.  It is important to receive the necessary financial support valuation for medical expenses, and time away from work leading to lost wages.  California personal injury attorneys can communicate with insurance carriers and initiate civil action when it is necessary.

• A person with a mild TBI, or a concussion may feel better in a few weeks, or months and be relieved of all symptoms. Most often, a person with mild TBI can recover at home following a medical check.
• A person with moderate, or severe TBI may have life-long effects from the injury and should seek the ongoing care of a health care professional to support their recovery.

Damage compensation will be impacted by the type of TBI, increasing in amounts relative to the extent of damage after a car accident.  An accident attorney can guide victims and explain economic and non-economic valuation based on financial losses, quality of life issues, and impacts to household expenses, medical expenses, long term care and pain and suffering.

Punitive damages.

California Civil Code 3294 allows a jury to award punitive damages in a personal injury case, but the plaintiff must prove by clear and convincing evidence that the defendant’s conduct was found to be reckless, intentional, egregious, and harmful, resulting in the physical injury, or wrongful death of a person.

Hire a lawyer.

A California motorcycle accident victim can take steps to minimize additional stress by hiring competent legal counsel to act on their behalf in court or communicate with insurance companies to recover  a fair monetary settlement.  Consultation with an experienced car accident lawyer who understands the residual impacts and long term medical expenses associated with a traumatic brain injury can guide damage valuation and compensation for each case.

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://www.cdc.gov/traumaticbraininjury/get_the_facts.html
2. Tow truck driver runs red light, seriously injures motorcyclist in East Village – The San Diego Union-Tribune (sandiegouniontribune.com)