Joaquin De Lara, 51, was killed in a San Diego car accident after a driver turned left directly into Lara's path, 10News reports. The fatal motorcycle accident occurred the morning of October 14, 2009 in the 7900 block of Airway Road, San Diego police said. The driver of an SUV who was traveling eastbound made a left turn colliding with the motorcycle. The driver apparently told traffic investigators that he was blinded by the glare of the morning sun and did not see the oncoming motorcycle. Lara was pronounced dead at the scene of the crash.
My heart goes out to Lara's wife and everybody who knew and loved him. What a tragic loss for his family and friends! I offer my deepest condolences to everyone who is grieving his loss. Please keep them in your prayers.
San Diego Motorcycle Accident Statistics
According to California Highway Patrol's 2007 Statewide Integrated Traffic Records System (SWITRS), there were 12 fatalities and 293 injuries reported as a result of California motorcycle accidents in San Diego. In San Diego County as a whole, 50 deaths and 985 injuries were reported in 2007 involving motorcycle accidents. Also, during the same period, 268 deaths and 14,641 injuries were reported in San Diego County as a result of car accidents.
In this particular case, it appears that the driver of the SUV was at fault for making the left turn and striking Lara's motorcycle. California law is very specific about the requirements for drivers making a left turn or a U-turn.
California Car Accident Laws
California Vehicle Code section 21801 (a) states: "The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety."
I trust police investigators are looking into the validity of the motorist's claim that he struck Lara because of the blinding sun. Some other questions to answer in these cases are: Was the driver distracted? Was he under the influence of alcohol or drugs? Was he driving recklessly or carelessly? Was he negligent in any other way? Was there a dangerous condition on the roadway that may have caused or contributed to this fatal accident?
Lara's family would be well-advised to retain the services of an experienced San Diego personal injury lawyer who will be able to explain their legal rights and options in this case. If this car accident is determined to have been caused by the motorist's negligence, the victim's family will have a claim against the motorist for wrongful death. If a dangerous condition on the roadway caused the crash, the city or governmental agency responsible for maintaining that roadway could be held liable. Please remember that any such claim against a governmental agency in California must be properly filed within six months of the accident or injury.
The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.
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