California Injury Blog
Elbin Rodriguez Morales, 28, was killed in a Fullerton motorcycle accident the night of July 28. According to a news report in The Orange County Register, Morales was struck by a car that was leaving a shopping center in North Fullerton. Police responded to the area at the intersection of Harbor Boulevard and Imperial Highway after reports of the collision. When officers arrived, they found Morales lying in the northbound lanes of Harbor Boulevard with life-threatening injuries. He was transported to a local trauma center where he was pronounced dead.
Police said a 58-year-old woman driving a Honda Civic was exiting a shopping center in the 4100 block of Harbor Boulevard and was attempting to cross the northbound lanes to southbound on Harbor when she collided with the motorcyclist. The driver remained at the scene and cooperated with investigators. Police don’t believe alcohol or drugs played a part. No arrests or citations were reported. The investigation is ongoing and police are asking anyone who witnessed the crash to contact them at 714-738-5313.
We offer our heartfelt condolences to the family members of Elbin Rodriguez Morales for their tragic loss. Please keep them in your thoughts and prayers.
Statistics and the Law
According to California Highway Patrol’s 2014 Statewide Integrated Traffic Records System (SWITRS), there were three fatalities and 50 injuries reported as a result of motorcycle accidents in the city of Fullerton. In Orange County as a whole, 39 people died and 991 were injured due to motorcycle accidents during the same year.
Based on this news report, it appears that the driver of the Civic was exiting a shopping center to turn into the roadway when the collision occurred. Drivers pulling out of public or private driveways must yield right-of-way to pedestrians and oncoming vehicles. According to California Vehicle Code Section 21804 (a): “The driver of any vehicle about to enter or cross a highway from any public or private property, or from an alley, shall yield the right-of-way to all traffic.” Vehicles entering traffic “shall continue to yield the right-of-way to that traffic until he or she can proceed with reasonable safety.”
Liability Issues
In such cases, if the driver is determined to have been negligent, reckless or at fault, he or she can be held liable for the victim’s wrongful death. Family members of the deceased victim can seek compensation for damages including medical expenses, funeral and burial costs, lost future income, pain and suffering and loss of love, care and companionship. An experienced Fullerton motorcycle accident lawyer will be able to advise victims and their families regarding their legal rights and options.
Source: https://www.ocregister.com/2018/07/28/motorcyclist-dies-after-collision-with-car-exiting-fullerton-shopping-center/