The San Bernardino Sun Reported that a Southern California Motorcycle Rider, Anthony “Taz” Williams was killed while riding his motorcycle to work in San Bernardino, when a 74 year old man named Gregory Martinez turned left in front of him. The 74 year old man claimed the sun was in his eyes as the excuse for his failure to ensure that there was no oncoming traffic before he made his turn. Mr. Martinez was allowed to leave the scene of the accident pending an investigation. The article stated that the San Bernardino Police stated that Mr. Williams could have avoided the accident had he used “perfect braking.” The article is no longer available online from what I can tell.
First off I want to send my prayers and condolences to the family of Anthony “Taz” Williams. This is a horrible tragedy. No biker or motorcyclist deserves to be hit and killed simply because they are just riding their motorcycle to work.
With respect to a legal analysis of the motorcycle accident, it looks like the same old song and dance. A negligent cager violates the California Vehicle Code, kills a biker, and walks away scot free. At the minimum, Gregory Martinez should have been cited for an illegal and/or unsafe left turn, at the optimum, Gregory Martinez should have been arrested for vehicular manslaughter.
The reality of this motorcycle crash and countless others is that Anthony “Taz” Williams did not have to die. Had Gregory Martinez simply paid more attention as he was driving, Mr. Williams would still be alive. A simple one or two second pause sometimes means the difference between life and death.
Although it is an outrage that the Police apparently are not going to go after Gregory Martinez criminally for killing a biker, there is something the family can do civilly to get justice. They can retain a biker and motorcycle accident lawyer to sue for wrongful death. Nothing can bring Anthony “Taz” Williams back, but the law does allow the family to be compensated for their loss. The dream of “perfect braking” is an outrage!
It is time for California Legislatures to enact laws that will protect California Bikers and Motorcyclist from cagers like Gregory Martinez. Yes, I know that all human beings make mistakes, and are not perfect. That does not mean that motorist who kill bikers by their mistakes should not be held accountable!
By San Bernardino Motorcycle Accident Lawyer Norman Gregory Fernandez, © 2008
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It only takes a split second to make that fatal error. But when you have a vehicle in your hands your taking the responsibility to be aware of your surroundings so it doesn’t become a deadly weapon and subsequently kill someone. I want to extend my deepest sympathy to his family.
I agree that it doesn’t have to occur; however when the roles are reversed where the biker kills a someone else; the tone of this website suggested you are going to defend the biker.
my brother was killed by a DUI motorcyclist when the biker left the road way on to the sidewalk and hit my brother going 50 mph, in a 35. BAC came back 0.152. So I am offended by the tone that “motorist” being accountable, in fact everyone is accountable for their actions no matter what they happen to be driving.
I want to say that I live in that fear every time I get on my Harley Davidson Motorcycle. The fear that someone will cross over the double yellow lines and strike me head-on, as well as those that may make an attempt to turn left on me, while travelling in the opposite direction. It may take an extra second or two, to ensure that no one is coming to make turns. Motorcycles are not hard to see, it’s the driver of automobiles that don’t look before they ‘DO’ the deed. That’s right, they need to take another look. Motorcycles are not dangerous, and so are cars/trucks/etc. The dangerous part comes in the line of the driver themselves…Some get irritated because they are backed up in traffic, and cross a double line to save what amount of time? I believe there should be a Motorcycle Safety School for all driver’s accept the Motorcycle Driver’s themselves, we have already been to the school, and I have attended many of them to gain knowledge that perhaps I am rusty in, new laws, and or new methods of protecting ourselves…It takes more skill and agility to handle a motorcycle then it does a car, etc. Try it sometimes, you may be surprised…If you kill someone in a car, on a motorcycle, or on a bicycle, you should be arrested and jailed, and put on trial for your miscue. Manslaughter, Vehicle Manslaughter, or an intentional accident to do harm to someone operating any kind of vehicle. I know, I was ran off the road off of highway 99 south, several years ago. Damage ‘0″ to my bike, but a broken left leg, for Me. If you pull a trigger, and as a result you kill someone, your going to jail, arrested, and brought to trial, and it should be no different if you use a vehicle and kill someone, same results, someone is dead, and there is no returning or replaying and removal of that action….You will and or should be arrested, jailed, and put on trial. No going home, nor being released for any reason. I do not care how old you are. As long as you have a License, An Insured vehicle, you commit the crime you do the time, no exception to the rule…..