Fullerton, Orange County – On Wednesday, August 28, 2024, at around 3:11 PM, Fullerton police officers were dispatched to W. Commonwealth Ave. and N. Basque Ave. in response to a motorcycle traffic collision.
Upon arrival, officers found an adult male motorcyclist in the roadway with severe injuries and a black 2020 Harley Davidson under a gray 2021 Toyota RAV4.
The driver of the Toyota RAV4, a 47-year-old Fullerton resident, stayed at the accident scene. Fullerton Fire Department responded and declared the motorcyclist dead.
Initial investigations indicate that a white, compact SUV was heading east on Commonwealth Ave. and attempted a U-turn at Basque Ave., suddenly causing westbound traffic to stop. The motorcyclist, traveling west on Commonwealth Ave., tried to avoid the halted vehicles but was thrown from the motorcycle into the oncoming eastbound traffic, where the Toyota RAV4, also traveling eastbound on Commonwealth Ave., struck the rider.
The Orange County Coroner will disclose the deceased motorcyclist’s identity after notifying the next of kin.
At this stage, investigators do not believe any other vehicles were involved, and there is no indication that drugs or alcohol played a role in the accident.
Investigators are seeking any additional information from witnesses of the collision. Those with information are encouraged to contact Fullerton Police Traffic Accident Investigator Manes at (714) 738-6815 or via email at jmanes@fullertonpd.org. Witnesses wishing to remain anonymous can call the Orange County Crime Stoppers at 1(855) TIP-OCCS or visit occrimestoppers.org.
Who Has the Right to Claim Compensation in an Accident Like This?
In the case of a fatal motorcycle accident, the right to claim compensation typically belongs to certain family members of the deceased. In California, the following individuals are generally eligible to file a wrongful death claim:
- Spouse or Domestic Partner: The deceased person’s spouse or registered domestic partner has the primary right to claim compensation.
- Children: If the deceased has children, they are also entitled to claim compensation for the loss of their parent.
- Parents: If there is no spouse, domestic partner, or children, the parents of the deceased may have the right to file a claim, especially if they were financially dependent on the deceased.
- Siblings: In cases where there are no immediate family members (such as a spouse, children, or parents), siblings of the deceased may be eligible to claim compensation.
- Financial Dependents or Heirs: Anyone who can prove they were financially dependent on the deceased or are legal heirs under California’s intestate succession laws may have the right to seek compensation. This can include stepchildren, putative spouses, or other relatives.
- Personal Representative of the Estate: A personal representative of the deceased’s estate may file a claim to cover losses incurred by the estate, such as medical bills, funeral expenses, and lost earnings that would have been accumulated had the deceased survived.
The claim may cover damages like funeral and burial expenses, loss of financial support, loss of companionship, and emotional distress. The specifics will depend on the relationship with the deceased, the extent of the dependency, and the circumstances of the accident. A motorcycle accident attorney California can help determine eligibility, provide an approximate time and amount for the claim, and represent the victim’s survivors.
The Fullerton personal injury lawyers at Broadway Law Firm have vast experience in accidents, understand the law, and know how to win. They will fight every penny that is owed to you and use all their skills, knowledge, and resources to make sure you obtain maximum compensation for your loss. Schedule a free appointment by calling (866) 845-1350.Â
If you need a copy of the police accident report, you can request it for free by filling out this form: