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A man sustained major injuries in a motorcycle accident after he struck a pallet that was dropped on the roadway, The Orange County Register reports. California Highway Patrol officials say that the motorcyclist was traveling north on the 5 Freeway near Oso Parkway in Mission Viejo the evening of August 27, 2010, when he hit the debris on the freeway.
My heart goes out to this injured motorcyclist. I hope he has not suffered life-threatening injuries in this crash. I wish this injured victim the very best for a speedy and complete recovery.
Motorcycle Accidents
According to CHP's 2008 Statewide Integrated Traffic Records System (SWITRS), there were no fatalities, but 16 injuries involving motorcycle accidents in Mission Viejo. In Orange County as a whole, 35 people died and 801 sustained personal injuries as a result of motorcycle accidents during the same year.
Laws Relating to Roadway Debris
If the details of this news report are accurate, it appears that the motorcyclist struck a pallet that was dropped by another vehicle on the freeway. California law prohibits anyone from throwing or dumping debris on the highway. California Vehicle Code section 23112 (a) states: "No person shall throw or deposit, nor shall the registered owner or the driver, if such owner is not then present in the vehicle, aid or abet in the throwing or depositing upon any highway any bottle, can, garbage, glass, nail, offal, paper, wire, any substance likely to injure or damage traffic using the highway, or any noisome, nauseous, or offensive matter of any kind."
Claim for Compensation
It is not entirely clear from this report as to who may have dropped the debris. Victims of an auto accident caused by highway debris have a right to be compensated for their injuries from the person who dropped the debris on the roadway. But 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.
Such motorcycle accident victims would be well-advised to consult an experienced Orange County personal injury lawyer who will advise them about their legal rights and options. A knowledgeable car accident lawyer should also explain how the victim's car insurance policy would apply to a roadway debris accident. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to injured victims and their families.
Have you ever been in an accident involving roadway debris? We would like to hear about your experiences.
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.



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Published by BISNAR | CHASE
Margaret
October 21st, 2010 at 2:37 am
my daughter was on a freeway, in front of her was what seem to be a box, she knew she could not serve right nor left or she would hit another vehicle. it turn out to be a brand new car child car seat which create extensive damage to her car. is she liable or is the city?
admin
October 21st, 2010 at 6:57 am
The city is not liable. The city has no responsibility for the freeway, the State does. Unless the box was on the freeway an unreasonable period of time, which is unlikely, the State would have no liability. Whoever allowed the box to be on the freeway is responsible.
Your daughter's uninsured motorist coverage on her vehicle will usually cover the damage to her vehicle or person caused by objects left on the freeway by other drivers. The negligent driver that caused the box to be on the freeway is the "uninsured motorist."
Your daughter's insurance company may claim that she was negligent in that you should always be able to stop for an object that is sitting still in the roadway, otherwise she was going too fast or failed to pay attention to the roadway.