Motorcyclist Accident Severely Injures Rider Due To Obstructed Roadway
As most motorcycle accident attorneys can tell you, obstructed roadways are a danger to motorist. In 1991, 19-year-old Russell Day, an uninsured motorcyclist, collided with a car in Fontana, CA. He suffered severe injuries.
Day filed a lawsuit against Fontana and San Bernardino County, his motorcycle accident lawyer alleging negligence in roadway maintenance, claiming hedges and weeds obstructed the roadway and partly caused the motorcycle accident.
"States, cities and the federal government have a responsibility to properly maintain all roads," noted John Bisnar, California motorcycle accident attorney. "The failure to maintain safe road conditions or properly warn riders of dangerous areas can lead to a motorcycle collision that could have been easily avoided."
After Day waited years for a trial, a jury found Fontana and San Bernardino County responsible for half the motorcycle crash because of their negligence in roadway maintenance. The jury awarded the injured motorcyclist $455,000--enough to cover his lost wages and medical expenses, but not enough to cover future surgeries Day will need.
The California Supreme Court had ruled that uninsured motorists injured in a car accident caused by a government agency's negligence cannot collect damages for pain and suffering. The high court said 1996 voter-approved Proposition 213 precludes such awards against the government, although the measure does allow uninsured motorists to collect damages to recover medical expenses, lost wages and other out-of-pocket costs.
"It's truly regrettable that Russell Day had to wait years to confront Fontana and San Bernardino County for their highway negligence," noted John Bisnar. "In this case, justice delayed was justice denied. Fortunately, Russell got his day in court and was compensated for his expenses."
According to California Highway Patrol's Statewide Integrated Traffic Reporting System (SWITRS), as recently as 2006, there were 39 fatalities and 507 injuries involving motorcycles in San Bernardino County alone. And according to the U. S. Department of Transportation, in 2006, 96 motorcycle deaths were caused by roadway defects.
"Russell Day's patience and fortitude are to be commended," noted California personal injury attorney and motorcycle enthusiast, Brian Chase. "After suffering with severe injuries and dealing with ever-mounting medical expenses, he chose to fight "city hall" and hold Fontana and San Bernardino County accountable for their dangerous roadway. Our hope is that this lawsuit, and the similar lawsuits we have filed against cities and counties, will motivate them to ensure our roads and highways remain safe for all motorcyclists."
If you or a loved one has suffered serious injuries as the result of a defective auto part or vehicle, contact the experienced California auto products liability attorneys at BISNAR CHASE for a free consultation. We will use our extensive knowledge and resources to achieve the best possible results for you and your family.