A motorcyclist sustained serious personal injuries after an accident on the 5 Freeway in Mission Viejo caused by a pallet dropped on the roadway. According to a news report in The Orange County Register, the motorcyclist was northbound on the freeway near Oso Parkway on August 27, 2010, when he struck the debris and crashed. He has been hospitalized with major injuries. California Highway Patrol officials are investigating this incident.
I sympathize with this motorcyclist, who has apparently suffered severe injuries because of someone else’s negligence. I pray he recovers quickly and completely from his injuries.
Roadway Debris Accidents
Freeway debris is a common cause of car accidents on California’s freeways. The California State Department of Transportation (Caltrans) estimates that 140,000 cubic yards of debris is dumped on California’s roadways each year. In fact, roadway debris, especially on the highways, has caused 155 car accident fatalities over the last two years. Motorcyclists in particular are more susceptible to serious or fatal injuries in these types of accidents.
Laws and Liability Issues
Under California Vehicle Code Section 23112, motorists can be fined for dropping anything other than live bird feathers or water from their vehicles onto a roadway. In addition to fines and penalties, they can be held civilly and criminally responsible if the debris causes injury or death to other motorists. This often occurs because drivers fail to pay attention to whether their loads were properly secured. In this case, the driver of the vehicle that dropped the pallet as well as his or her employer could be held liable for the motorcyclist’s injuries.
An experienced Orange County motorcycle accident lawyer will be able to advise victims about their legal rights and options. If the responsible party is never identified or found, the uninsured motorist provision of an auto insurance policy may compensate the injured victim or the family of a deceased auto accident victim.
Have you ever been in an accident involving roadway debris? We would like to hear about your experiences.
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.