(San Diego, CA) A 33-year-old motorcyclist suffered serious injuries in an October 29, collision with an SUV at Mission Bay Drive and Rosewood Street.
At 6:16 p.m. Thursday, the collision occurred at Mission Bay Drive and Rosewood Street in Pacific Beach, according to Officer Jose Perales. Both vehicles were traveling north on Mission Bay Drive. The 71-year-old SUV driver changed lanes to turn right onto Rosewood Street and collided with the motorcycle.
The impact knocked the rider from his motorcycle, causing him to slide into a concrete wall, according to the officer. An ambulance took the man to a hospital. His injuries included a collapsed lung, an injured spleen and a kidney contusion.
In addition, the rider suffered fractures to his ribs, spine, femur and shoulder, said Perales. Despite the extent of those injuries, police described them as non-life-threatening. Officers did not believe alcohol contributed to the collision.
Legal Overview of the Mission Bay Drive Accident
The SUV’s movement across lanes before the right turn is the central maneuver described in the police account. The report does not specify the motorcycle’s lane or the distance between the vehicles before that movement began.
California Vehicle Code 22107 requires drivers to exercise reasonable care before turning or moving right or left on a roadway. It also requires an appropriate signal when another vehicle could be affected. Here, the question is whether the SUV driver allowed enough space to change lanes safely with the motorcycle nearby. The supplied account does not say whether the driver signaled, so a failure to signal should not be assumed.
The approach to the turn matters as well. Under California Vehicle Code 22100, drivers generally must approach and make a right turn as close as practicable to the roadway’s right edge, subject to exceptions such as designated turn lanes. That rule does not give a driver permission to move across another vehicle’s path. Establishing where each vehicle was before contact would help distinguish the lane change from the intended turn onto Rosewood Street.
Any assessment of his injuries should account for both the vehicle collision and that second impact, without assuming which caused a particular injury.
Advice for the Family
You can ask San Diego police how to obtain the report for the Mission Bay Drive accident and whether it includes a diagram showing the vehicles’ positions. That would help clarify the lane movement described in the initial account. For questions about the rider’s condition, ask his treating team to explain the follow-up care required for the internal injuries and fractures; “non-life-threatening” does not describe the full course of recovery.
If you have any concerns about navigating the legal process surrounding this incident, call 866-883-4318 to speak with a lawyer.
