California Injury Blog
A 43-year-old motorcyclist was seriously injured in a San Diego car accident after he was struck by a female driver who officials believe was talking on a cell phone at the time of the crash. According to a news report in The San Diego Union-Tribune, the major injury collision occurred the evening of April 24, 2010, when the motorcyclist was riding north on Comstock Street, near Comly Street, in Linda Vista.
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The 25-year-old woman was southbound on Comstock, driving an SUV, when she crossed into the opposing traffic lane, ran over the motorcyclist and dragged him. The driver, who police say, was talking on her cell phone just before the crash was arrested on suspicion of reckless driving, driving with a suspended license and outstanding warrants. The victim sustained serious leg injuries and was transported to a local hospital. Authorities say alcohol was not a factor in this incident.
My heart goes out to this injured motorcyclist and his family. I hope he has not suffered any catastrophic injuries and pray for his speedy and complete recovery.
San Diego Motorcycle Accidents
According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), there were 16 fatalities and 355 injuries involving motorcycle accidents in San Diego. Countywide, 51 people died and 1,081 were injured as a result of motorcycle accidents during the same year.
California Distracted Driving Laws
Based on this news report, it appears that the driver of the SUV was talking on a hand-held cell phone at the time of the crash, got distracted and lost control of her vehicle. California law prohibits drivers from texting or using a handheld cell phone while driving. According to California Vehicle Code Section 23123 (a): “A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.”
Claim for Compensation
Distracted driving is negligent driving. If this driver is found guilty of distracted driving, she should be prosecuted to the fullest extent of the law and held civilly liable for the victim’s serious injuries. Victims who have been injured by negligent drivers can seek compensation to cover medical expenses, cost of hospitalization, rehabilitation, surgery, pain and suffering, and loss of earnings. Victims in such cases would be well-advised to contact an experienced San Diego personal injury lawyer, who will stay abreast of the official investigation and make sure that their legal rights and best interests are protected. Knowledgeable car accident lawyers will also advise victims about how their car insurance policy applies to a case where the at-fault driver is uninsured or underinsured.
How can law enforcement agencies better enforce distracted driving laws?
The Bisnar Chase Personal Injury Attorneys 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.