Timothy Bauer Oceanside: Timothy James Bauer Killed In Oceanside Truck Accident While Riding Motorcycle on Oceanside Boulevard
OCEANSIDE, CALIFORNIA (February 12, 2020) – A 54-year-old motorcyclist identified as Timothy James Bauer has tragically died in a semi-truck accident on Ocean Boulevard.
California Highway Patrol are saying that the collision took place around 1:45 p.m. on Saturday. For reasons that remain under investigation a truck with a trailer made an illegal left hand turn while leaving the El Corazon Compost facility.
Timothy James Bauer was unable to avoid the crash and hit the side of the truck. Paramedics were called to the scene of the collision in order to help Timothy James Bauer.
Despite life-saving measures he was pronounced dead at the scene. Police spoke to the truck driver involved in the crash and arrested him on suspicion of vehicular manslaughter.
An investigation into the Oceanside motorcycle accident remains ongoing at this time.
Liability In Oceanside Truck Accidents
Motorcycles are less crash worthy than other vehicles and they are also much more likely to be overlooked. According to the Insurance Information Institute, “In 2016, 5,286 people died in motorcycle crashes, up 5.1 percent from 5,029 in 2015, according to the National Highway Traffic Safety Administration (NHTSA). Motorcycle fatalities have increased for the second year in a row and are at the highest level since 2008, when 5,312 people died in motorcycle crashes. In 2016, motorcyclists were 28 times more likely than passenger car occupants to die in a crash per vehicle mile traveled.” There are a number of factors commonly associated with fatal motorcycle accidents including:
- Driver distraction
- Driver intoxication
- Driver fatigue
- Prescription drug use
- Inclement weather
Every driver has a legal obligation to yield the right of way to oncoming vehicles before making left turns. 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.” Left turns are among the most dangerous maneuvers that drivers can make.
According to research from the US National Highway Traffic Safety Association, turning left was one of the leading critical pre-crash events in nearly 25% of all traffic collisions. This compares to only around 3.1% of crashes involving right turns. Left turns are also much more likely to kill pedestrians. It is for these reasons and many others that UPS drivers almost never make left turns.
If a truck driver is negligent and causes an accident while making a left turn the company that they work for may face civil liability. Generally speaking, companies are liable for the negligent conduct of their employees – insofar as those employees are working within the course and scope of their job duties. If the negligent driver was breaking the law during the time of an accident they may also face criminal sanctions.
According to California Penal Code 192(c-1) vehicular manslaughter occurs when a person is, “driving a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.” The family of any victim that died in an accident with a driver that violated the criminal code has numerous rights under Marsy’s Law. These include but are not limited to:
- The right to be treated with fairness and respect for his or her privacy and dignity.
- The right to be reasonably protected from the defendant and persons acting on behalf of the defendant.
- The right to reasonable notice of and to reasonably confer with the prosecuting agency, upon request.
Family members of any victim may also be able to seek justice through California Code of Civil 377.60. Damages in a civil claim can help cover lost wages, medical bills, funeral expenses, loss of love and potentially punitive awards. Beneficiaries in a civil claim will typically include the victim’s spouse, children, siblings and parents. Unfortunately, truck companies will often fight vigorously to deny liability for any truck accident. A truck accident attorney can examine all of the facts of your case free of cost and let you know what your legal options are.
Investigating An Oceanside Truck Accident
We at West Coast Trial Lawyers extend our deepest condolences to the family of Timothy James Bauer. Any person that may have seen what happened should reach out to police. There needs to be a thorough investigation for the sake of the victims family and all who have been affected. This was a senseless tragedy that should never have happened.
Do you need more information about an accident that took place in California? There are a number of laws designed to protect your rights. 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 get the information and resources that they need to make informed decisions. 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.