The CHP reported that on early Monday morning, July 1, a motorcycle rider was weaving in and out of traffic and hit a pickup truck. The force threw him from the bike and he was killed.
The accident involved four other vehicles in addition to the motorcycle. No further details have been released as of the writing of this article.
Traffic lanes westbound were closed for several hours but are now open.
Top Causes of Motorcycle Accidents
Motorcycle riders are 28 times more likely to die in an accident than a car passenger. This is according to a study done by the National Highway Safety Traffic Administration (NHTSA) in 2016. Even though the total number of car accidents is significantly higher than bike crashes, motorcycle fatalities are overrepresented.
Some of the top causes of motorcycle crashes are:
• Left turns by a car or truck
Intersections are extremely dangerous for motorcycle riders because they are difficult to see. A left turn by a car or truck colliding into a motorcycle is 42% of all bike crashes. Bikers need to be extremely aware when approaching large intersections.
• A car changing lanes
Many motorcycles can be coming at a speed or from a low profile that can’t be seen by the car’s driver.
• Lane splitting by bike rider
Similar to the car changing lanes, bikers need to exercise caution when lane splitting because of drivers not expecting something to be there.
• Opening of a car door
Many drivers won’t check before opening their car door and can hit riders this way.
• Speeding
Speeding is a top cause of motorcycle accidents. As speed goes up, so does the likelihood of significant injury from the force, but reaction time is extremely limited.
• Road hazards
Potholes or other road irregularities present problems for bikers that cars or trucks don’t have. Along with wet roads and animals, road hazards are more of an issue for bikers.
• Riding while intoxicated/impaired/tired
NHTSA reported that where riders were over the legal limit for BAC and got into an accident, 25% died.
How to determine liability after a bike crash
Many people believe that a police report is the final word in determining liability. But this isn’t the case. A police report is typically a reconstruction of what happened based on witness accounts and the scene. Unless the officer personally witnesses the accident, then the police report is not admissible in court and it is hearsay. This means none of the facts can be asserted as true from the police report.
For example, if a police report contains that Witness A saw a green light, then Witness A must appear in court (or sign a declaration under penalty of perjury) to say that—the police report cannot substitute for testimony from that witness.
While a police report is instructive to the parties and insurance company before a lawsuit is filed for purposes of liability, it is up to the plaintiff to prove negligence in court of the at-fault driver.
To prove negligence, a motorcycle accident victim needs to fulfill the following elements:
Duty
These are the rules of the road. Not only traffic laws, but not doing something that would put another rider or driver in danger.
Breach
After establishing a duty or rule of the road, the rider must show that the other driver breached this duty in some way to make the road more dangerous.
Causation
Any injuries claimed by the motorcycle rider after the accident need to be shown to have come from the crash or because of it.
Damages
There must be actual damage. This can be through physical injury, missed time from work, or property damage. Once a physical or mental injury is established, a bike injury victim may recover for pain and suffering.
If you’ve been in a motorcycle accident and have questions about liability or in general, we are here to help. You can reach us directly at (916) 619-5452, fill out our form online, or email us at info@hanecaklaw.com
