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Fatal Motorcycle Accident Caused by Poor Visibility

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A motorcycle accident in Southern California takes the life of a Vista man who was hit and killed early Tuesday morning after he crashed his motorcycle into the back of a slow-moving truck and was then run over by an oncoming van, according to a news report posted on the San Diego Union Tribune’s Web site.

Mark Anthony Blecher, 37, was riding eastbound on Sycamore Avenue in Vista and was just east of Hot Springs Way when he came up on a cement truck that was having mechanical problems and emitting black smoke, which limited visibility, according to San Diego Sheriff’s officials.

The truck was being driven slowly uphill when Blecher crashed into the back of it. He was thrown to the ground and was then hit by a van being driven by a 49-year-old man from Vista who was also heading eastbound, according to the article. That driver stopped after the accident but the truck’s driver, apparently unaware that someone hit him, continued on to his workplace, a company in Vista, and didn’t learn about the accident until he got there, according to the article.

In this situation, I’m pretty sure that a case can be made against the cement truck driver and his company for creating the dangerous condition that led to the initial accident. We handled a similar case years ago against a big rig that was having mechanical problems and emitting smoke when our client crashed into the big rig from the rear.

There is no doubt in my mind that the van driver is also responsible for Mr. Blecher’s death under the facts as reported, unless Mr. Blecher was instantly killed by the initial accident. The van driver, if he was driving at a safe speed, at a safe distance and was observant of the accident ahead should have been able to avoid the downed motorcyclist.

If you’ve been involved in a motorcycle accident, call me to find out about your rights and options. John Bisnar, 800-259-6373.

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