California Personal Injury Lawyers Blog
This morning, a Los Angeles 405 freeway motorcycle accident, near LAX, resulted in the death of the 39 year old motorcyclist. The Los Angeles Times reports that the 405 freeway accident apparently occurred when the motorcyclist collided with the rear end of a pick up truck. The Los Angeles rear end accident caused the motorcycle and truck to spin out of control and the cyclist was thrown from the cycle.
The cyclist, who hit the median of the freeway, was pronounced dead at a Los Angeles hospital. The driver of the pickup truck apparently was not injured in the Los Angeles rear end collision. The California Highway Patrol is still investigating the cause of the motorcycle accident in Los Angeles.
If the driver of the pick up truck was at fault, the heirs of the motorcycle rider may make a Los Angeles wrongful death claim against the insurance company for the pickup truck driver. However, legally, it is usually very difficult to prove that the vehicle that was rear ended actually caused the rear end collision. This is because there is usually a presumption that the vehicle that was rear ended was struck because the vehicle in back was not keeping a safe distance.
One possible way to show that a driver caused the collision, even though he or she was rear ended, is with eye witness testimony. For example, if there are independent witnesses who testify that the driver should not have stopped, that it was not warranted by traffic conditions, it may be proved that that driver caused the collision. Also, if the vehicle in front had faulty brake lights, this might prevent the driver behind from receiving adequate notice that the vehicle in front was stopping. This can be determined through investigation after the Los Angeles rear end crash.
The family of the deceased motorcyclist should hire an experienced Los Angeles motorcycle accident lawyer to investigate the case and try to determine if they are entitled to wrongful death damages.