James Bennett Motorcycle Accident: James Bennett of Oxnard Injured In Independence Semi-Truck Accident While Riding Motorcycle On US 395 Highway Near Dusty Lane
INDEPENDENCE, CALIFORNIA (June 14, 2020) – A motorcyclist identified as James Bennett was injured in a truck accident on the US 395 freeway near Dusty Lane.
California Highway Patrol are saying that the accident took place around 1:00 p.m. on June 12th. A tractor trailer truck driver pulled to the right shoulder near Dusty Lane not far from Independence.
James Bennett was approaching the truck traveling south in his Harley Davidson motorcycle. The truck driver began making a u-turn across the northbound lanes of the freeway.
James Bennett applied the brakes on his motorcycle but was not able to avoid a collision with the semi-truck. Paramedics were called to the scene of the accident in order to help the victim.
James Bennett was taken to the Southern Inyo Hospital with major injuries including wrist, hand and knee fractures. An investigation remains ongoing at this time.
Liability Independence Motorcycle Accidents
Motorcyclists are typically more likely to be involved in car accidents and seriously injured when they are involved. According to the Insurance Information Institute, “In 2017, 5,172 motorcyclists died in motorcycle crashes, down 3 percent from 5,337 in 2017, according to the National Highway Traffic Safety Administration (NHTSA). In 2017, motorcyclists were 27 times more likely than passenger car occupants to die in a crash per vehicle mile traveled.” There are a number of factors that may contribute to motorcycle accidents:
- Illegal maneuvers
- Driver illness
Many motorcycle accidents are due to truck drivers that make dangerous left turns or u-turns. All drivers are supposed to yield the right of way to vehicles close enough to pose a hazard before turning. According to California Vehicle Code 21801, “The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement.” There are many factors that may influence a left turn collision:
- Truck drivers have large blind spots. It’s easy for an accident to occur if a truck driver does not check their blind spots
- Faulty road design may also play a role in crashes. As cities grow there tends to be more traffic and congestion. Not all roads were designed to handle high levels of traffic.
- Truck driver fatigue also can play a large role. Truck drivers have to work grueling hours and they naturally become fatigued like everyone else.
Victims of truck accidents tend to suffer very serious and lasting injuries. According to the Association for the Advancement of Automotive Medicine, “Several studies have also addressed the high rates of lower extremity, chest, and abdominal injuries following motorcycle crashes. Kraus et al. (2002), in a study of the incidence of thoracic and abdominal injuries among injured motorcyclists in California, reported that multiple intra-thoracic and intra-abdominal injuries were common, and that the number and bilaterality of rib fractures were strongly associated with serious injuries to the thoracic and abdominal organs.” Other injuries may include:
- Broken bones
- Spinal cord injuries
- Head trauma
Not all of the injuries associated with truck accidents are physical. Victims of motorcycle collisions are often left with serious psychological injuries. According to Scott Coffey, “Individuals who experience a serious motor vehicle accident (MVA) are at increased risk for psychological problems, particularly Posttraumatic Stress Disorder (PTSD). PTSD is an anxiety disorder that often follows a traumatic event involving actual or threatened death, serious injury, or threat to the physical integrity of oneself or others (American Psychiatric Association, 2000).” Here are a few common symptoms of PTSD:
- Intrusive thoughts
- Reluctance of refusal to drive
- Feeling detached from others
- Recurring nightmares
There are a number of sources of potential liability for a truck accident. All truck drivers are supposed to exercise due care in order to avoid accidents. If a truck driver was negligent they or the company that they work for could be held at fault. There are generally four elements of negligence:
- The defendant owed the plaintiff a duty of care
- The duty was breached
- The breach was the proximate cause of the accident
- The plaintiff sustained damages
Trucking companies are required by law to carry between $750,000 – $5,000,000 worth of liability coverage depending on the type of material being transported. It’s important that evidence is properly preserved after an accident. Victims of semi-truck accidents are protected by a number of laws.
Any person that is injured in a truck accident may be able to seek justice through a bodily injury claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. Unfortunately, truck companies will often fight hard to deny liability after an accident. A truck accident attorney can examine all of the facts of your case and let you know what your legal options are.
Investigating An Independence Semi-Truck Accident
We at West Coast Trial Lawyers extend our thoughts and prayers to James Bennett as he continues to recover. This was a preventable tragedy that should not have happened. There needs to be some accountability on the company that owned this truck. Any person that may have seen what happened should reach out to police as they continue their investigation.
Have you or someone that you care about been injured in a truck accident? Our team of personal injury attorneys are here to answer any questions that you may have. We are committed to making sure that accident victims are aware of their rights and that those rights are being protected. Whether you just have questions about the law or need a free, independent investigation into an accident we are here for you. You’re always welcome to reach out to us anytime at (888) 888-9285.