Personal Injury Law

A Negligent Driver blames Sun Glare in Fatal San Bernardino Motorcycle Crash; Where is the Justice?

By Norman Gregory Fernandez, Esq.

The San Bernardino Sun Reported that a Southern California Motorcycle Rider, Anthony “Taz” Williams was killed while riding his motorcycle to work in San Bernardino, when a 74 year old man named Gregory Martinez turned left in front of him. The 74 year old man claimed the sun was in his eyes as the excuse for his failure to ensure that there was no oncoming traffic before he made his turn. Mr. Martinez was allowed to leave the scene of the accident pending an investigation. The article stated that the San Bernardino Police stated that Mr. Williams could have avoided the accident had he used “perfect braking.” The article is no longer available online from what I can tell.

First off I want to send my prayers and condolences to the family of Anthony “Taz” Williams. This is a horrible tragedy. No biker or motorcyclist deserves to be hit and killed simply because they are just riding their motorcycle to work.

With respect to a legal analysis of the motorcycle accident, it looks like the same old song and dance. A negligent cager violates the California Vehicle Code, kills a biker, and walks away scot free. At the minimum, Gregory Martinez should have been cited for an illegal and/or unsafe left turn, at the optimum, Gregory Martinez should have been arrested for vehicular manslaughter.

The reality of this motorcycle crash and countless others is that Anthony “Taz” Williams did not have to die. Had Gregory Martinez simply paid more attention as he was driving, Mr. Williams would still be alive. A simple one or two second pause sometimes means the difference between life and death.

Although it is an outrage that the Police apparently are not going to go after Gregory Martinez criminally for killing a biker, there is something the family can do civilly to get justice. They can retain a biker and motorcycle accident lawyer to sue for wrongful death. Nothing can bring Anthony “Taz” Williams back, but the law does allow the family to be compensated for their loss. The dream of “perfect braking” is an outrage!

It is time for California Legislatures to enact laws that will protect California Bikers and Motorcyclist from cagers like Gregory Martinez. Yes, I know that all human beings make mistakes, and are not perfect. That does not mean that motorist who kill bikers by their mistakes should not be held accountable!

By San Bernardino Motorcycle Accident Lawyer Norman Gregory Fernandez, © 2008

Full post as published by Biker Law Blog on October 04, 2008 (boomark / email).