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Motorcyclist Blames Poor Road Conditions For Serious Accident—Sues Caltrans

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A broken neck and sternum, a punctured lung, a lacerated liver, and a torn aorta, for two months James Kubeck lay in a hospital bed suffering from these injuries, his mind filled with images of the July night in 2007 when he was cruising on his motorcycle down Pacific Coast Highway through Sunset Beach and suddenly a car made a left turn in front of him, causing him to lose control of his bike and crash. He was convinced that a sharp curve in the road-along with buildings and cars parked along the highway-prevented the other driver from seeing him. He decided to sue Caltrans. A California motorcycle accident lawyer is an essential partner in evaluating a case like this.

Caltrans, in response, issued a statement identifying 24 reasons why it was not liable for the accident, including negligence on the part of both drivers. The agency claimed that Kubeck should have been aware of the potential danger and driven more cautiously while rounding the curve. While Caltrans holds the public responsible for knowing the potential dangers of the curb and driving with caution, Kubeck maintains that the agency should have prevented unsafe driving conditions by properly maintaining intersections and roadways.

It is unclear as to whether Caltrans had addressed the threat to drivers the curve posed by placing proper signage warning oncoming traffic of a sharp curb ahead or prohibiting parking along that section of the highway to increase visibility. Such considerations are crucial to determining liability in accidents cases like James Kubeck’s.

At present, the case between Kubeck and Caltrans has not been resolved. Kubeck seeks to be compensated for his past and ongoing medical care, legal fees, and lost wages. After years of helping motorcycle accident victims like Kubrick, we hope he is granted this compensation and wish him a full recovery if the case warrants it.

Determining liability in accident cases in which improperly maintained roadways may be a factor can be a complex process. An extensive knowledge of the relevant government agency’s obligations to the public, as well as a thorough investigation of the accident scene, is often required. During this difficult time for the accident victim and his or her family, an experienced California motorcycle Lawyer will investigate for and advocate on the injured party’s behalf.

James Ballidis is a California Injury Lawyer and the author of several books on California automobile accidents and claims settlement rights. If you would like to request one of his books or have been injured in an accident feel free to call 866-981-5596 or visit our California injury lawyer or California motorcycle lawyer sites today.

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