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Orange County Rider Files Motorcycle Accident Lawsuit against Caltrans

An Orange County motorcycle rider, who was hospitalized for two months for extensive injuries he sustained in an accident on Pacific Coast Highway, has filed a defective road lawsuit against Caltrans.

42-year-old James Kubeck, according to the Orange County Register was seriously injured in the accident that took place on July 2007. He was riding his motorcycle on the highway when a car to his right attempted to make a left turn. He crashed into the car, and was left with serious injuries including a punctured lung, liver injuries, broken neck, as well as other injuries. He slipped into a coma and remained so for three weeks. In all, he spent up to two months in the hospital recovering from his injuries.

The lawsuit alleges that a sharp curve in the road prevented the driver of the car from seeing him. Caltrans has already filed a reply to his complaint which claims that the accident was the result of negligence on the part of the driver of the other car as well as Kubeck, who should have been aware of the curve and attempted to navigate it carefully. Kubeck charges that there were also a couple of cars parked along the road, and this completely limited the driver’s field of visions leading to the accident. The amount of damages claimed in the lawsuit is unspecified, but Kubeck is looking at recovering his medical expenses as well as loss of wages and legal fees. He is expected to continue to require treatment over the long term, and the claim may include these damages too.

Government agencies, at the federal, state and local levels are required to maintain safe roads and highways to reduce the possibility of accidents. This includes everything from the design of the road which should encourage smooth flow of vehicle movement, and reduced risk of accidents to good construction that provides motorist a smooth and unobstructed surface to drive on. Intersections and curves should be properly designed, and there must be no dangerous curves that act like a magnet for traffic accidents. Besides, these roads and highways should be well maintained. This includes making sure that all roads are adequately lighted to reduce the possibility of accidents at night. There should be clearly visible barriers and signage. If there is landscaping around the center divider, then any foliage should be trimmed, so it doesn’t interfere with the driver’s field of vision. In the absence of any of these, the risk of serious accidents increases many times, and when an accident does occur, a victim may be able to name the agencies that were responsible for the defective or dangerous road to be named in a lawsuit. If the agency had received warnings from concerned citizens about defective road conditions that could result in an accident, and if the agency ignored these, then it can strengthen a claim against the agency.

Proving that an agency was negligent in its duty to provide safe roads for motorists requires extensive investigations conducted by an Orange County motorcycle accident lawyer.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of motorcycle accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

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