A 39-year-old man has been arrested in connection with a car accident, which fatally injured motorcyclist Paul John Hendrickson, 54. According to a news report in the Appeal Democrat, the fatal accident in May occurred at the intersection of Highway 20 and Acacia Avenue in Sutter County. Hendrickson was westbound on the highway when Gary Lee Defraga made a left turn in front of the motorcycle. Hendrickson was killed and his passenger, 49-year-old Debra Ann Campbell, sustained major injuries. Defraga is has been charged with vehicular manslaughter and failing to yield.

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I offer my deepest condolences to everybody who knew and loved Paul Hendrickson for their tragic and heartbreaking loss. I hope Campbell is recovering from her severe injuries. Please keep these victims and their families in your prayers.

Right-of-Way Laws

Based on this news report, it appears that the driver failed to yield right-of-way in to the motorcyclist. California Vehicle Code Section 21801 (a) states: "The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety." It is not clear why Defraga failed to see the oncoming motorcyclist while making a turn.

Dangerous Intersection?

In addition, the news report also states that the intersection where this fatal motorcycle accident took place has the reputation of being a dangerous intersection. In April 2009, 48-year-old Timothy Lamb died when the motorcycle he was riding was hit head-on by an SUV driven by Tiffany Fernandez. She was charged with misdemeanor vehicular manslaughter.

Following Hendrickson's death, Sutter County officials have said that a four-way traffic light could be installed at this intersection as early as 2012. The lighted intersection will create protected turns for motorists who try to avoid the intersection because there is the danger of pulling onto the highway in front of vehicles traveling at speeds of 60 mph.

Government Liability

In such cases, victims and their families would be well-advised to seek the counsel of an experienced California personal injury lawyer, who will analyze all aspects of the incident and make sure that the negligent parties are held accountable. A skilled car accident lawyer will also be able to determine whether a dangerous or defective roadway caused or contributed to a crash. If that was the case, the governmental agency responsible for maintaining that roadway could also be held liable. Under California Government Code section 911.2, any personal injury or wrongful death claim against a governmental agency must be filed within 180 days of the incident.

What are some of the most dangerous roadways for motorists in your city or neighborhood?

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.