On November 24, 2019 shortly after 11:30 p.m., the incident was reported. The incident occurred on the eastbound side of the 10 Freeway near City Terrace Drive in the unincorporated area of East Los Angeles. A female passenger fell off the back of a motorcycle and was struck by a vehicle shortly after.
The passenger has only been identified as female. She was pronounced dead at the scene. Both the motorcyclist and the motorist who struck the victim remained on the scene of the incident and spoke to authorities.
The on-site investigation kept most lanes of the freeway closed until approximately 3 a.m. Many details surrounding the incident are still unclear.
Some Possible Causes of the Incident
Motorcycles are inherently dangerous vehicles. There is nothing keeping motorcyclists or their passengers safe, such as seatbelts or even vehicle compartments, for example. Motorcyclists and their passengers simply have to hold on. Consider the following things that might cause a passenger to fall off a motorcycle:
- Motorcyclists exercising recklessness (speeding, accelerating too quickly, braking too suddenly, weaving in and out of traffic, attempting dangerous motorcycle tricks)
- Passengers exercising recklessness (purposefully not holding on, trying to stand up while the motorcycle is in motion, trying to get off before the motorcycle has come to a stop)
- Passengers being unable to hold on effectively (poor handle design, handle material not strong enough)
- Motorcycle passenger seat defects (seat suddenly loosens or collapses)
- Unsafe road conditions (bumps, potholes, etc. that make the motorcycle suddenly jolt, causing the passenger to lose balance)
- Driver negligence (auto drivers negligently creating dangerous conditions for motorcyclists and their passengers)
Whatever caused the passenger to fall off the motorcycle, it is possible that someone could be found liable for the incident and any harm that resulted from the incident.
Who is Liable?
Liability will always be based on the details surrounding the incident. Consider the points listed above relevant to some possible causes behind a passenger falling off a motorcycle. Many different parties or entities could be liable for the harm resulting from a passenger falling off a motorcycle. Based on the points above, the following parties/entities could be liable for incidents and any harm suffered:
- Motorcycle manufacturers
- City agencies
- Auto drivers
Any of these parties could be fully or partly liable for the incident and the harm suffered. Liability is based on the fact that a duty of care was owed, and a duty of care was breached. The breached duty of care resulted in an incident (passenger falling off) that led to harm (injuries or death). After establishing liability for an incident, the next step is pursuing a claim and fighting for the right to recover compensation.
Suing and Fighting for Compensation
There is no way that the recovery of monetary compensation can reverse any of the harm suffered in an incident. However, recovering compensation can help victims and surviving family members move past such a traumatic time in their lives. Many incidents lead to expenses that could haunt victims and their families for years – recovering compensation can provide relief.
The type and amount of compensation available for recovery depends on the details surrounding the claim – specifically on the damages resulting from the incident. Some categories of compensation that are often available for recovery include the following:
- Medical bills
- Lost earnings
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages
If you would like to learn more about the type and amount of compensation that you might be eligible to receive if your claim reaches a successful outcome, do not hesitate to contact our firm today. Our lawyers are ready to evaluate your claim and fight for your right to recover the maximum amount of compensation available. Our motorcycle accident lawyers will not rest until you recover the compensation that is rightfully yours.
Important Steps to Consider after a Motorcycle Accident
If you or a member of your family were involved in a motorcycle incident, specifically in which the passenger fell off the motorcycle, there are a number of things steps that should be followed. Consider the following:
- Seek medical evaluation
- Take photos of all injuries suffered
- Take photos of the scene of the accident
- Take photos of anything that might have caused the incident
- File an incident report with the authorities
- Speak to witnesses and gather their contact information
- Gather insurance information of all parties involved
- Identify any surveillance cameras or traffic cameras that might have captured the incident
- Seek legal assistance
In many cases, the harm suffered is too severe for those involved to take any action immediately. In these cases, seeking urgent medical attention is absolutely necessary. If it’s impossible to do anything else, you should at least seek legal assistance as soon as you are able to do so. Speaking to an experienced attorney will help you better understand the options available to you and the possible action that you could take.
The Statute of Limitations
You or a member of your family were involved in a motorcycle accident; now, what? Without a doubt, you could pursue a claim if you believe that the incident and the harm suffered were caused by the negligent actions of a party or entity. However, you could lose your right to take any legal action if you fail to file your claim within an appropriate length of time.
All claims are subject to a statute of limitations – or a deadline to sue. If claimants fail to file their claims within the time allowed by the applicable statute of limitations, they will lose their right to sue. In California, claims are typically subject to a two-year statute of limitations (applies to injury claims and wrongful death claims). However, certain exceptions could apply. Certain details of your claim could lead to exceptions relevant to the applicable deadline. If any exceptions apply to your claim, the deadline that applies to your claim could be tolled or paused.
To ensure that you have a thorough understanding of the deadline that applies to your claim, do not hesitate to contact our law firm at your earliest convenience.
Contact Our Law Firm Today
If you would like to explore the possibility of filing a motorcycle accident claim after you suffered injuries or a member of your family lost his or her life after falling off a motorcycle, it is essential that you seek legal assistance with the experts at our firm at your earliest convenience. At Downtown L.A. Law Group, our lawyers have many years of experience handling all sorts of claims. Our lawyers are aware of the difficulties that victims and their entire families could suddenly encounter after such a traumatic incident; therefore, we are dedicated to helping all affected parties have access to appropriate legal representation.
At our firm, we offer free legal services, which include free consultations and free second opinions. During our free consultations and free second opinions, our lawyers will be available to answer all questions and address all concerns. Our lawyers will do everything within their reach to ensure that you have access to the appropriate legal information to help you pursue your claim and fight for your right to recover the compensation that you deserve. If you would like to benefit from our free consultations and free second opinions, do not hesitate to contact our firm at your earliest convenience.
Our free legal services are available as part of our Zero-Fee guarantee. Our Zero-Fee guarantee ensures that our clients will never be required to pay anything for any of our legal services. Our firm is also based on a strict contingency structure that ensures that our clients will never be required to pay anything until after reaching a successful claim outcome. If you do not win, you will not be required to pay anything.
If you would like to benefit from our free legal services and discuss your claim with our experienced lawyers, do not hesitate to contact the experts at your earliest convenience. Our lawyers will do everything within their reach to ensure that your claim is successful.
How to Sue Belkin for Defective Charging Banks
If you intend to file a product liability lawsuit against Belkin, you must show that the company was negligent in some way. Product liability lawsuits can be filed if you can prove at least one of the following points about the product:
- There was a design error present with the charging bank
- There was a manufacturing error that occurred when the charging bank was being made in the factory
- There were no hazard signs or symbols on the charging bank or on the packaging
The charging banks had a defect in the wiring, so it is likely that the materials were faulty or that there was a design that did not account for the small space or power usage.
You should make sure to go to the hospital to get medical treatment for your injuries. It is not recommended that you wait too long to visit a doctor. If you do not get treatment quickly, your injuries may worsen, or you may find that the insurance agent will doubt the validity of your claim. He can say that you were shocked by another item or in another incident, and he will say that the defective item was a convenient scapegoat. You should also make sure that you get copies of all medical documents, test results, doctor’s statements, hospital receipts, and more from the treatment center.
You can take photos of the damages from the electric shock, and you can also take pictures of the charging bank to show that the item caught fire, if applicable.
There may have been eyewitnesses who saw the incident happen or who can testify that the bank was defective. You can add their statements to your claim to bolster it. The more support you have from people who saw the incident, the stronger your case will be.
You may want to throw the charging bank away, try to repair it, or return it for a refund. You should do none of this. It is important that you keep the charging bank as it is and preserve it, as it is the most important piece of evidence you have. If you get rid of it, the insurance company can claim that there’s no way for the defect to be examined, since it is not present at all.
You may have a receipt showing that you bought the charging bank. You can make copies of this, or copies of a bank statement or email showing that you paid for the item.
You will benefit by hiring a product liability lawyer to handle your case for you. If you have never taken legal action, you may not know the first thing about moving forward with a defective product claim. An attorney can gather your proof, negotiate with the insurance agent, and keep you updated throughout the process while you recover and return to regular life.
Statute of Limitations to File a Product Liability Lawsuit
California has a statute of limitations of two years from the date of the injury if you wish to file a claim to receive compensation for damages. If you do not sue within this time period, you won’t be able to receive any restitution, and your claim will be thrown away. Often, individuals fail to understand the correct amount of time or do not know that there is a statute of limitations in the first place. It is important that you speak with a lawyer to determine how much time you have left on your case.
There is the possibility for your statute of limitations to be extended, but this will only happen in certain situations. If you were under 18 years old, you cannot sue without a legal guardian representing you, so you can wait until you turn legal age before the statute of limitations counts down. You also may have been left incapacitated and unable to sue, so the statute won’t start until you return to health. Further, the defendant must be in California – if he has left the state, the deadline will count down when he returns.
Earnings from a Product Liability Claim against Belkin
The value of a product liability lawsuit will largely be determined by the injuries you suffered and how extensive they were. If you were seriously hurt, you will potentially receive a larger settlement offer than if you only suffered minor injuries. The insurance agent wants to preserve profits and not pay out settlements, and we aim to bring you the maximum settlement available under the law. Our goal is to secure you compensation for the following:
- Medical bills and expenses from the past and future for surgery, hospitalization fees, medication, physical therapy, and more
- Lost wages if you were unable to work or could not return to work in the future
- Property damage to cover lost items and personal belongings
- Pain and suffering damages to account for emotional trauma, anxiety, PTSD, fear, and more
You should not be expected to foot the bill for all of these expenses if you were not responsible for the incident in the first place. A defective product claim can allow you to receive the compensation you need to pay for these damages.
Our Firm’s Promise
Our goal at the Downtown LA Law Group is to ensure that you are wholly covered for your losses if you were hurt because of a defective product. Our product liability lawyers are known as the best in town, and we have years of experience and numerous reviews to back us up. We will stop at nothing to bring you every penny you deserve, even if it means going to court to defend your rights.
For a free legal consultation, call our law offices today. All consultations are confidential and your private information or case details will not be shared elsewhere. We will also give you our zero fee guarantee on your case. We won’t get paid unless and until we win. If we lose, we get nothing at all. Either way, your finances will not be altered by pursuing legal help with us.
Don’t hesitate to contact the Downtown LA Law Group if you wish to sue Belkin for injuries from a defective charging bank.