David McMillan, 68, was killed in a Ventura car accident after his motorcycle was hit by a vehicle on a rural stretch of Highway 118 near Price Road. According to a news report in the Ventura County Star, the fatal motorcycle crash occurred as McMillan, riding west on the highway, attempted to pass a truck the afternoon of June 14, 2010. That is when another vehicle made a left turn and struck him. McMillan was thrown off his motorcycle and died at the scene. An investigation is ongoing.

I offer my deepest sympathies to the family and friends of David McMillan for their profound loss. Please keep them in your thoughts and prayers.

Ventura Motorcycle Accidents

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were two fatalities and 16 injuries involving motorcycle accidents in the unincorporated areas of Ventura County. Also, countywide, 11 people were killed and 227 were injured as a result of motorcycle accidents during the same year.

Right-of-Way Laws

Based on this news report, it appears that the motorcyclist was struck by a vehicle that was turning left, as he was attempting to pass another vehicle. It is not clear whether the motorcyclist was visible to the driver who was making the turn or whether he or she failed to see the motorcycle before turning.

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."

Liability Issues

If the other driver is determined to have caused this accident, he or she could be held liable for the accident and resulting injuries. If this accident was caused by a dangerous or defective roadway, the governmental agency responsible for maintaining that roadway could be held liable as well. Under California Government Code section 911.2 any personal injury or wrongful death claim against a public entity must be properly filed within six months of the incident. The best Ventura personal injury lawyers will always offer a free consultation and comprehensive case evaluation to injured victims and their families.

What precautions should motorcyclists take while passing other vehicles?

The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

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