On December 2, 2022, an accident involving a speeding motorcyclist occurred in El Cajon, leading to their death. Let’s explore the details of the incident with Ehline Law and our personal injury attorneys.
According to the California Highway Patrol, the accident occurred around 8 PM when the motorcyclist transitioned from Southbound Route 67 to the westbound Interstate 8 highway.
The San Diego sheriff’s deputies reached the accident scene, but the rider was already dead from the fatal injuries. According to the sheriff, the motorcyclist was traveling at 100 mph when the fatal crash happened.
California Highway Patrol reported that there could be other vehicles involved in the accident, and the cause of the fatal collision remains under investigation.
According to the California Highway Patrol, there may be other vehicles involved in the fatal collision in El Cajon, San Diego County.
Whenever an accident occurs, all parties involved in the crash must stay at the scene to provide assistance, exchange insurance information, or report the incident. Leaving an accident scene without offering assistance or information to the other driver or reporting to the authorities constitutes a hit-and-run.
In many states, including California, leaving an accident scene you were involved in, regardless of fault, is illegal and against the law. When the fatal collision occurred in San Diego County involving other drivers, it was the responsibility of the drivers to stay at the accident scene regardless of who was at fault until relevant authorities arrived.
A hit and run can either be a misdemeanor or a felony, depending on the circumstances of the accident. Under California Vehicle Code 20002, a hit and run is a misdemeanor if it results in property damage, but under California Vehicle Code 20001, it is a felony if it involves injury or death.
For a misdemeanor hit-and-run, the defendant may face up to six months in San Diego county jail, a fine of up to $1,000, or a combination of both if convicted. However, the consequences for a felony hit-and-run are far more severe.
If convicted of a hit-and-run accident that led to serious injuries or death, the defendant may face up to four years in California state prison and a fine of up to $10,000.
These are all remedies for a hit and run under criminal law. In the case of a “speeding motorcyclist killed in crash on freeway transition road in El Cajon,” the surviving family members may be able to bring a civil action against the other parties liable for the damages.
Whether it is a motor vehicle accident, multi-vehicle crash, or a fatal pedestrian accident, surviving family members in San Diego can pursue compensation for the loss of their loved ones.
Since the California Highway Patrol stated that the motorcyclist was speeding on the freeway, many may question whether the motorcyclist was responsible for the accident. It is important to note that California follows the pure comparative negligence rule, and a plaintiff may be able to recover compensation even if they’re partially responsible for the incident.
If the accident involved other vehicles, there is a possibility that they were also traveling at 100 mph or above that speed colliding with the motorcyclist. An investigation into the accident could reveal the degree of fault of all the parties involved.
The surviving family members may be able to pursue a wrongful death claim against the negligent party’s insurance company. If the motorcyclist were partially at fault for the accident, it would reduce the compensation awarded according to the degree of fault.
Although the reported CHP traffic incidents revealed other vehicles involved when the fatal accident happened, it could be possible that it was just the motorcyclist. In that case, the question arises, who may be liable for damages? In such a scenario, the government entity, the maintenance shop, or the manufacturer could be liable.
It could be possible that the motorcyclist was negligent for overspeeding, but the government entity could also be liable. Riding at 100 MPH, even minor bumps or imperfections in the road can lead to serious accidents. The government could be responsible if the motorcycle lost traction after hitting a pothole or a crack in the road when the rider transitioned to the Interstate 8 highway.
If that is the case, the grieving family members can hold the government liable for the damages and pursue a wrongful death lawsuit.
In some cases, the maintenance shop can be liable for any accidents arising from their negligence. Garcia v. Chuy’s Tire Service is a recent lawsuit by surviving family members against the tire maintenance shop for a tire tread separation accident.
The lawsuit alleges that the tire shop was negligent during the maintenance service, resulting in the accident that led to the rider’s death.
Motorcycle manufacturers have the duty to sell safe vehicles to consumers, and a lack of inspection or quality control can lead to the sale of defective motorcycles. There are incidents where defective motorcycles have led to severe traffic collisions, resulting in wrongful deaths.
Many incidents occur that do not have an immediate explanation of the cause of the collision, such as the following accidents in California in the last two months:
The relevant authorities need to conduct an impartial investigation that could reveal the liable parties and allow injured victims or grieving families to bring a civil action.
If you lost a loved one in an accident in San Diego, contact us at (833) LETS-SUE for a free consultation, as you may be eligible for compensation.
Michael Ehline is an inactive U.S. Marine and world-famous legal historian. Michael helped draft the Cruise Ship Safety Act and has won some of U.S. history’s largest motorcycle accident settlements. Together with his legal team, Michael and the Ehline Law Firm collect damages on behalf of clients. We pride ourselves on being available to answer your most pressing and difficult questions 24/7. We are proud sponsors of the Paul Ehline Memorial Motorcycle Ride and a Service Disabled Veteran Operated Business. (SDVOB.) We are ready to fight.
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