Motorcycle Accident Fatally Injures Man Near Amador County
I’m Ed Smith, an Ione wrongful death lawyer. A motorcycle accident claimed the life of a man near Buena Vista on August 4, 2018. Shortly after 1:30 in the afternoon, a motorcyclist was riding his 2011 Kawasaki ZX10 southbound along Buena Vista Road near the entrance of Ace’s Waste Station. The rider was approaching an area undergoing road construction with barricade closures and was unable to stop in time. Unfortunately, he fell off his bike and succumbed to his injuries at the scene. Officials have identified the victim as 49-year-old Carl W. Hudson.
I would like to extend my sincere condolences to the loved ones of Mr. Hudson during this difficult time.
Road Defects and Motorcycle Accidents
Roadways can be defective for a wide variety of reasons related to the maintenance, construction or design of a road. Roadways can be made defective during the stages of design if there is a lack of hazard signs indicating slopes or curves, poorly visible crosswalks, and overly complex or obstructed intersections. During the construction phase, a road may also be considered defective if construction debris was left in the roadway, subpar materials were used, or construction plans were not followed by workers. Insufficient road maintenance can also contribute to a motorcycle accident due to potholes, seams, or depressions in the pavement. It is important to note that improper placing of construction zone barricades or insufficient road closure signage set up by government entities and/or their contractors may be held responsible in a claim for wrongful death. Contact an experienced lawyer for more information.
Government Entity Negligence
Roads in California are designed and maintained by government entities such as the county or state government. When a road defect contributes to a motorcycle accident, the injured party or surviving family members of the deceased may have grounds to file a claim against the government entity responsible for maintaining the roadway. These types of cases must be filed within six months or 180 days from the date of injury or death to recover damages. If the government entity fails to respond within 45 days or rejects the claim, a lawsuit must be filed within six months from the date of rejection or lack of correspondence. It is crucial to retain an experienced attorney when bringing a claim against a government entity to preserve vital evidence, protect the statute, and secure your right to fair compensation.
Watch YouTube Video – Recoverable Damages in Motorcycle Accident Claims
The following video explains the types of damages that may be recovered in a motorcycle accident claim such as present and future medical treatment expenses, lost wages, permanent disability, and more.
Wrongful Death Claims
In California, wrongful death is considered as a loss of life caused by the reckless, intentional or negligent acts of another individual. When a family experiences the loss of a loved one due to wrongful death, they may file a wrongful death claim within two years from the date of the victim’s passing under California Code of Civil Procedure 335.1. Those who may file these types of lawsuits are outlined in California Code of Civil Procedure section 377.60, which includes children, spouses or putative spouses of the deceased. Additional individuals that may also be considered include parents and minors of the decedent who resided with him or her for at least 180 days and were financially dependant on him or her for at least 50 percent. For additional information, contact a seasoned attorney.
Ione Wrongful Death Lawyer
I’m Ed Smith, an Ione wrongful death lawyer. Motorcycle accidents can result in traumatic injury or even fatality due to a motorcyclist’s lack of physical protection on the road. If a motorcycle accident caused by a negligent party or entity has resulted in the death of your loved one, I am genuinely sorry for your loss. To receive compassionate, free and friendly legal advice about your potential claim, please give me a call anytime at (209) 227-1931 or toll-free at (800) 404-5400.
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I am a member of the Million Dollar Advocates. This forum consists of trial attorneys who have obtained compensation for a past client in either a settlement or verdict in excess of $1 million.
For more information on my previous cases and their outcomes, visit my Verdicts and Settlements page.
Image Attribution: By “SplitShire” via Pixabay
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