Previous posts here have discussed motorcycle accidents, explaining the importance of drivers keeping an eye out for motorcyclists and yielding to them when they have the right of way. That importance heightens with the onset of nighttime.
Even if motorcyclists are more difficult to see at night that doesn't mean drivers are not required to use care. If a motorcycle accident happens at night the negligent driver is just as liable to the injured parties as they would be for a daytime motorcycle accident. Therefore, it is important that drivers are on the lookout for motorcyclists around the clock. A well-known California restaurant owner has been accused of causing an evening accident with two motorcyclists that left one dead and the other injured.
According to reports, the accident occurred at an intersection when the two motorcyclists were attempting to drive through a green light. Police state that the 68-year-old businessman did not yield to their right of way and crashed into the two motorcyclists. One of the cyclists suffered fatal injuries from the accident, while the other was taken to the hospital for treatment of his injuries.
This case is still under investigation and is expected to be turned over to the District Attorney. However, the driver is expected to face vehicular homicide charges as a result of his lack of care in the accident. It is important to note that these charges are on the criminal side of the case. He may also face civil charges that would be brought by the injured party and the loved ones of the deceased party.
In a civil personal injury case a negligent driver that caused the accident has liability to the injured parties. This liability usually means the negligent party will owe the injured party for the medical bills and other expenses that arise as a result of the driver's negligence. In the case of this motorcycle collision, the driver may also owe the family of the deceased individual compensation for death expenses and lost wages, in addition to medical bills. The family would receive this recovery through a wrongful death cause of action.
The outcome of this accident is tragic for the motorcyclists and their family members. In addition, it could be financially draining for the businessman. However, it is always important that parties injured by a distracted driver or other negligent parties receive the compensation to which they are entitled.
Source: CBS Los Angeles, "Prominent Restaurant Owner Accused in Deadly Motorcycle Accident," July 28, 2013