In any personal injury case, there may be facts that make you feel good about your case and other facts that make you pessimistic. If you’ve been hurt in an auto accident, the key, as a layperson, is simply to recognize that you’ve suffered harm and to contact experienced California counsel about your rights and potential for recovery. Sometimes, even very challenging facts may not be “deal breakers.” Recently, one motorcyclist’s family was able to hold a restaurant owner partly to blame in court (Los Angeles County Superior Court Case No. SC112366) for a California motorcycle accident that happened outside the bounds of the restaurant’s property.
The case began with a tourist’s ill-fated visit to an oceanside restaurant. After Terry, a tourist from Oklahoma, left the Malibu restaurant, he turned left because he desired to go north on the PCH. Unfortunately, there was a median barrier in that part of the PCH, and traffic leaving the restaurant was only allowed to access the southbound lanes of the highway. What Terry had done was turn northbound onto the southbound lanes of the highway. Joseph, a southbound motorcyclist, made a desperate attempt to avoid Terry’s vehicle. In the process, Joseph fell off his bike and died from his injuries.
Looking at this case, you might think that Joseph’s family only had a case against Terry. Joseph’s parents’ legal team realized, however, that the blame for this fatal motorcycle accident went beyond just the misguided tourist. The exit from the restaurant parking lot onto the highway was unclear, which meant that it was foreseeable that a customer might become confused and turn the wrong way onto the highway. Since such an accident was foreseeable, that meant the restaurant was potentially liable for harm occurring as a result of the exit’s confusing nature, even though the actual incident took place outside the bounds of the restaurant owner’s property.