$25 Million Wrongful Death Lawsuit In Fatal California Motorcycle Accident

The wife of a Hawthorne, California motorcycle police officer who was killed while on duty has filed $25 million lawsuit against the cities of El Seguno and Manhattan Beach.

Tracy Garton has filed the lawsuit stemming from the death of her husband, Andrew Garton.  His death occurred while he was assisting a funeral procession, in which he and another police officer the city of El Segundo, Sgt. Rex Fowler, collided.  The fatal collision happened during the May 26 funeral escort for Manhattan Beach Police Officer Mark Vasquez.

During the fatal collision, which happened at Hawthorn Boulevard and 227th Street in Torrance, Garton, 44, was thrown onto a vehicle in oncoming traffic.  He died from his injuries later that day.  Sgt. Rex Fowler suffered a broken leg.

Excerpts from the November 25 Contra Costa Times article titled “Wife of Hawthorne officer killed in motorcycle accident files $25 million claims” :

Tracy Garton claims that the negligent and reckless actions of both police departments and municipalities in organizing and operating the procession in May led to her husband’s death.

also:

In Tracy Garton’s claim, filed Nov. 4 also on behalf of her young sons, Garrett and Grant, she alleges the city of El Segundo “negligently, carelessly and recklessly” controlled and monitored the motorcycle driven by Fowler, causing Garton’s death.

“Rex Fowler was acting in the course and scope of his employment … and was negligent in driving his motorcycle in such a manner as to injure and kill (Garton),” the claim reads. “The city of El Segundo was negligent in hiring, training and supervising Rex Fowler and this negligence led to (Garton’s) injuries and untimely death.”

also:

In both claims, Garton notes that the cities’ responsibility in her husband’s death caused the loss of her husband’s love, companionship, financial support and other benefits.

One of Garton’s attorneys said the $25 million estimate of damages incurred approximates other awards given in similar wrongful death cases.

Additional details and possible updates can be found in the aforementioned Contra Costa Times article.

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Elman Law Group LLC concentrates in Personal Injury and Wrongful Death cases involving vehicle accidents (car, motorcycle, bike, bus, pedestrian, truck, etc.) This intense focus allows us to consistently achieve winning verdicts and settlements for our clients.

If you or a loved one have been injured or killed in an accident, call 773-392-8182 at any time for a free consultation to discuss your rights. There is no fee for this consultation.

Serious Motorcycle Accident Includes Alleged Fast Riding And Attempt At “Stunt”

A man from Greenfield, Wisconsin suffered severe head injuries during a motorcycle accident on Wednesday afternoon.

The crash happened in the 5000 block of South 116th Street.  Police responded to the crash at approximately 1:20 p.m.

The motorcyclist, a 20-year-old male, was traveling northbound on South 116th Street, when he lost control of the motorcycle, left the road, and crashed.  In the course of the accident he sustained severe head injuries and was transported to Froedtert Hospital.

Based upon a preliminary investigation and witness statements, the motorcyclist was traveling at a high rate of speed and attempting a “stunt” at the time he lost control of the motorcycle.

Further details can be seen in the Greenfield Patch article of November 23 titled “Greenfield Man Suffers Head Injuries in Motorcycle Crash.”

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Elman Law Group LLC concentrates in Personal Injury and Wrongful Death cases involving vehicle accidents (car, motorcycle, bike, bus, pedestrian, truck, etc.) This intense focus allows us to consistently achieve winning verdicts and settlements for our clients.

If you or a loved one have been injured or killed in an accident, call 773-392-8182 at any time for a free consultation to discuss your rights. There is no fee for this consultation.

Identifying Possible Drunk Motorists

In the November 12 post, titled “How To Identify Motorists And Motorcyclists Who Are Driving While Intoxicated (DWI),” various aspects of DWI detection of both motorists and motorcyclists were discussed.

As mentioned in that post:

The topic of motorists who drive while intoxicated should be of critical concern to motorcyclists, as many of the motorcycle accident fatalities seen in this blog involve a motorist who is driving while intoxicated.

Given the danger such intoxicated motorists pose to motorcyclists, identifying (or “spotting”) such motorists is of paramount importance.

Mothers Against Drunk Driving (MADD) has assembled a list of possible indications of drunk driving as well.  This list is titled “How to Spot a Drunk Driver”  and lists these 15 signs:
  1. Quick acceleration or deceleration
  2. Tailgating
  3. Weaving or zig-zagging across the road
  4. Driving anywhere other than on a road designated for vehicles
  5. Almost striking an object, curb, or vehicle
  6. Stopping without cause or erratic braking
  7. Drifting in and out of traffic lanes
  8. Signaling that is inconsistent with driving actions
  9. Slow response to traffic signals (e.g. sudden stop or delayed start)
  10. Straddling the center lane marker
  11. Driving with headlights off at night
  12. Swerving
  13. Driving slower than 10 mph below the speed limit
  14. Turning abruptly or illegally
  15. Driving into opposing traffic on the wrong side of the road
Furthermore, MADD also has a page titled “What to do if you see a drunk driver” which lists 4 steps.

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Elman Law Group LLC concentrates in Personal Injury and Wrongful Death cases involving vehicle accidents (car, motorcycle, bike, bus, pedestrian, truck, etc.) This intense focus allows us to consistently achieve winning verdicts and settlements for our clients.

If you or a loved one have been injured or killed in an accident, call 773-392-8182 at any time for a free consultation to discuss your rights. There is no fee for this consultation.

Motorcycle Riding While Drunk – Statistics And Commentary

The last was post was “How To Identify Motorists And Motorcyclists Who Are Driving While Intoxicated (DWI).”

In this post, various aspects from the NHTSA’s (National Highway Traffic Safety Administration) “2011 Drunk Riding Prevention Planner” campaign are highlighted.

Here are some notable items as seen on the above-mentioned campaign page :

  • The percentage of per se intoxicated motorcycle riders in fatal crashes is greater than the percentage of per se intoxicated drivers of passenger cars, SUV’s or pick-up trucks. The percentages of drivers with BAC levels .08 g/dL or higher in fatal crashes in 2009 were 29 percent for motorcycle riders, 23 percent for passenger cars, and 23 percent for light trucks. The percentage of drivers with BAC levels .08 g/dL or higher in fatal crashes was the lowest for large trucks (2%).
  • Alcohol affects those skills essential to riding a motorcycle—balance and coordination. So it plays a particularly big role in motorcycle fatalities.
  • In 2009, 30 percent of all fatally injured motorcycle riders had BAC levels of .08 or higher. An additional 7 percent had alcohol levels of BAC .01 to .07.
  • Forty-two percent of the 1,903 motorcycle riders who died in single-vehicle crashes in 2009 had BAC levels of .08 or higher.
  • Motorcycle riders killed in traffic crashes at night were 3.3 times more likely to have BAC levels of .08 g/dL or higher than those killed during the day (46% and 14%, respectively).
  • Violators often face jail time, the loss of their driver’s license, higher insurance rates, and dozens of other unanticipated expenses from attorney fees, other fines and court costs, towing and repairs, lost time at work, and numerous other consequences.

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Elman Law Group LLC concentrates in Personal Injury and Wrongful Death cases involving vehicle accidents (car, motorcycle, bike, bus, pedestrian, truck, etc.) This intense focus allows us to consistently achieve winning verdicts and settlements for our clients.

If you or a loved one have been injured or killed in an accident, call 773-392-8182 at any time for a free consultation to discuss your rights. There is no fee for this consultation.

How To Identify Motorists And Motorcyclists Who Are Driving While Intoxicated (DWI)

The topic of motorists who drive while intoxicated should be of critical concern to motorcyclists, as many of the motorcycle accident fatalities seen in this blog involve a motorist who is driving while intoxicated.

Given the danger such intoxicated motorists pose to motorcyclists, identifying (or “spotting”) such motorists is of paramount importance.

Part of a June 8 blog post (“Drivers Reporting Possible DUIs & Erratic Driving Increases In Chicago, IL Area“) on Elman Law Group’s Chicago Illinois Car Accident Lawyer’s blog lists these possible signs of an intoxicated motorist:

  • Driving too fast or too slow
  • Making wide turns
  • Drifting and/or weaving across traffic lanes
  • Erratic Braking
  • Driving without headlights at night
An additional concern to motorcyclists is the hazard caused by other motorcyclists who are operating motorcycles while intoxicated.  Again, on this blog there are numerous posts in which a motorcyclist who has been riding while intoxicated has caused serious or fatal injuries to himself, other motorcyclists, and/or a passenger on the motorcycle.  The NHTSA (National Highway Transportation Safety Administration) has published a guide titled “The Detection of DWI Motorcyclists.”  This guide discusses and illustrates various possible “cues” that indicate a motorcyclist is possibly riding while intoxicated.  At the end of the report, there is a summary categorization of “Excellent Cues” and “Good Cues” as to how probable it is that a motorcyclist exhibiting such actions or characteristics is driving while intoxicated.

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Elman Law Group LLC concentrates in Personal Injury and Wrongful Death cases involving vehicle accidents (car, motorcycle, bike, bus, pedestrian, truck, etc.) This intense focus allows us to consistently achieve winning verdicts and settlements for our clients.

If you or a loved one have been injured or killed in an accident, call 773-392-8182 at any time for a free consultation to discuss your rights. There is no fee for this consultation.