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Motorcyclist Dies in Crash

Published on Jan 31, 2018 by Wilshire Law Firm in , , ,

motorcycle and car accident

Motorcyclists are vulnerable compared to drivers and passengers in cars. The Mercury News reminds us of this. Yesterday, around 5:24 p.m., a motorcycle accident occurred at Lundry Avenue and Chen Street in San Jose. A white Toyota driving north on Lundry attempted to make a left turn on Chen. Due to traffic at the time, the Toyota stopped right in front of a motorcyclist who had been traveling in the southbound lane. The motorcyclist braked hard, which caused his motorcycle to go down before colliding into the car. When police arrived to the scene, they smelled marijuana in the car.

The motorcyclist died at the hospital.

This type of wrongful death is one that is seen far too often, when it comes to motorcycle accidents. According to the most recent study, 41 percent of motorcycle fatalities involving another vehicle were the result of cars turning left. California Vehicle Code Section 21801 states that a driver intending to turn left must “yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at a time during the turning moment.” It would appear that the driver was not clear to make a left turn and violated CVC 21801 by attempting to do so.

If the motorist was traveling while under the influence of marijuana, the driver could face heavy penalties for driving while under the influence.

When you consider these two broken laws, it would seem that the driver was the at-fault party in this motorcycle accident.

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