Posts on this blog usually end with a suggestion to consult an attorney regarding commencing a lawsuit to recover damages caused by a motor vehicle accident. A recent lawsuit arising out of a fatal motorcycle accident in shows how one such consultation has resulted in a wrongful death lawsuit.
The collision at issue occurred on the Pacific Coast Highway, just east of Topanga Canyon Boulevard. A 43-year-old man was traveling south on a BMW motorcycle just as the defendant, driving a Lexus GX, was leaving a restaurant parking lot and attempting to turn left into the westbound lane of the PCH. As the Lexus crossed the eastbound lane, it was struck by the motorcyclist, who was traveling east. The Lexus continued its trajectory after the collision and collided with another car, but no injuries resulted from the second collision. The motorcyclist was pronounced dead at the scene.
The family of the motorcyclist has sued the driver of the Lexus alleging that the driver's negligence caused the accident. The complaint alleges that the lawyer "voluntarily drank alcoholic beverages to the point of intoxication" even though he knew that he would be operating a motor vehicle. The complaint also alleges that the driver of the Lexus purposely refused to submit to a blood test to determine the amount of alcohol in his system.
The motorcyclist's 7-year-old son is the plaintiff in the lawsuit, and his interests will be represented by his mother. The victim was an automotive designer, and the plaintiff will be seeking damages for the loss of income and support that he would have received from his father.
This case shows in a concrete form how the seemingly random event of a traffic accident can lead to a civil lawsuit based on formal allegations of negligence and other acts giving rise to liability. The case must go through discovery and pretrial motions before it will be ready for trial. The parties will also be required to engage in pretrial mediation to attempt to settle the dispute before it comes to trial.
Source: Canyon News, "Family Sues Woodland Hills Attorney In Wrongful Death," Sabrina Bush, May 31, 2016