Man Killed in San Diego Motorcycle Accident
A barbecue that was dropped on the roadway by a vehicle caused a fatal San Diego car accident the morning of June 15, 2010, killing David Jensen, 49, and injuring his wife, Bernardine Jensen, 52. The San Diego Union-Tribune reports that the Jensens were on a Harley Davidson in the fast lane of the 15 Freeway when the motorcycle struck the barbecue that had fallen off another vehicle. Jensen was thrown off his motorcycle and struck by a Toyota. His wife suffered fractures and other injuries while Jensen was pronounced dead at the scene. An investigation is ongoing.
My heart goes out to everybody who knew and loved David Jensen for their devastating loss. Please keep Bernadine Jensen in your prayers.
Roadway Debris Accidents
Freeway debris is a common cause of deadly accidents on California's freeways. The California State Department of Transportation estimates that 140,000 cubic yards of debris is dumped on California's roadways each year. In California, roadway debris has caused 155 traffic accident deaths between 2006 and 2008.
Laws and Liability Issues
Based on this news report, it appears that the driver who dropped the barbecue on the roadway and did not stop, must be held accountable for this fatal motorcycle accident. California law prohibits anyone from throwing or dumping matter 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."
In cases where car accidents are caused by debris on the freeway, the person or entity that was responsible for dropping the items on the roadway can be held financially responsible for personal injuries or wrongful death caused as a result. Knowledgeable San Diego personal injury lawyers will be able to advise victims or their families about how their car insurance policy would apply to a roadway debris accident.
Have you encountered debris on the roadway? Please share your experiences with us.
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.
