Motorcycle Accident near Goleta
I’m Ed Smith, a Goleta motorcycle accident lawyer. Sadly, auto accidents that involve a vehicle and a motorcyclist happen quite frequently. The reality is that it can be extremely dangerous to operate a vehicle on any given day and it can be even more dangerous to ride a motorcycle in a heavily populated area. This sentiment rang true on February 15, 2017, alongside East Cabrillo Boulevard just outside of Goleta at Santa Barbara City College. Typically, with auto accidents that involve both a motorist and an individual on a motorcycle, the outcome is not favorable for anyone, as you will see here.
What Happened?
In this case, a Goleta resident was just beginning to exit his parking space, which was next to the street curb. As the driver pulled out of his space, he positioned his vehicle in the eastbound lanes, which was right in front of the victim who was approaching on his motorcycle. Reports indicate that there was no time to act for neither the driver nor motorcyclist. Upon impact, the victim was thrown from his motorcycle resulting in serious internal injuries, which later became fatal. The driver was treated for minor non-life threating injuries and later arrested on the suspicion of operating a motor vehicle under the influence. It was later determined that the driver had actually been operating his vehicle while under the influence of marijuana And also without a license.
Wrongful Death of a Loved One
Watch the Youtube video below that I created to explain who can bring a claim for a wrongful death of a loved one.
Gross Vehicular Manslaughter
Based on the apparent evidence, this particular accident resulted in a charge of gross vehicle manslaughter while intoxicated. In California, the penal code defines gross vehicular manslaughter while intoxicated as operating a vehicle while under the influence of alcohol or drugs, which results in the commission of another crime or misdemeanor, an infraction or an act (lawful, negligent or grossly negligent) that causes the death of another individual. Here, it was reported that the driver was driving under the influence of marijuana and without a license. Both of these particular offenses together typically would not warrant a charge of gross negligence; however, if it can be shown that these offenses directly and substantially lead to the death of the victim/motorcyclist the threshold is met.
The charge of gross vehicular manslaughter can lead to a minimum of four years in prison or a possibility of 15 years to life if you have prior convictions. Other possible convictions include felony probation and/or thousands of dollars in fines.
We extend our condolences to the family of the man who passed away in this tragedy.
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Goleta Motorcycle Accident & Wrongful Death Lawyers
I’m Ed Smith, a Goleta motorcycle accident attorney. If you, or your loved one has been seriously injured or died in a motorcycle crash, please call (805) 372-0200 for free, friendly advice. I can also be reached via this toll-free number (800) 404-5400 when calling from outside of Goleta.
Since opening my practice in 1982, I have worked tirelessly helping clients receive fair and just compensation for their personal injuries and/or wrongful death of their loved ones.
I belong to the Million Dollar Advocates Forum. The forum is an association of top trial lawyers in the US who have secured multiple million dollar case verdicts.
Please see the results I have secured for my clients on our past verdicts and settlements page.
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Image Attribution: Wikimedia Commons
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