Edgar Romero Perez, 19, was killed in a car accident the evening of July 9, 2010 after he was struck by a car on a Salinas street. According to a news report in The Californian, 31-year-old Fernando Diego-Patricio was driving his 1999 Ford Expedition near the intersection of Felice Street and East Alisal Street when he attempted a left turn. At that moment the Ford SUV struck the motorcyclist. Diego-Patricio told officials that he looked both ways at the intersection, but did not see the oncoming motorcyclist. Romero-Perez attempted to stop, but lost control and struck the SUV. He was transported to a local hospital where he was pronounced dead. An investigation is ongoing.

I offer my deepest condolences to everyone who knew and loved Perez for their tragic, heartbreaking and untimely loss. Please keep him in your thoughts and prayers.

Motorcycle Accidents

One fatality and nine injuries were reported due to motorcycle accidents in Salinas, according to California Highway Patrol's 2008 traffic accident statistics. In Monterey County, motorcycle accidents claimed five lives and caused 104 injuries during the same year.

The Law Relating to Left Turns

Based on this news report, it appears that the driver of the SUV, Diego-Patricio, failed to see the oncoming motorist at the intersection and did not yield right-of-way to the oncoming 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."

Claim for Compensation

I trust officials are also looking into whether the driver was impaired, distracted or otherwise negligent at the time of the collision. If the driver is determined to have been at fault, then he could be held liable for Perez's wrongful death. In cases where negligence or wrongdoing is involved, members of the deceased victim's family can file a wrongful death claim seeking compensation for medical and funeral expenses, lost future wages, loss of love and companionship, and other related damages.

A skilled California personal injury lawyer will also be able to determine whether a dangerous or defective roadway condition caused or contributed to the fatal crash. If that was the case, the city or governmental agency responsible for maintaining the roadway could also be held liable. Under California Government Code section 911.2, any personal injury or wrongful death claim against a public entity must be filed within 180 days of the incident.

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

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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