Your Motorcycle Accident Attorney in Walnut Creek, CA

Motorcycle accidents can be catastrophic. If you or a loved one is struggling under the weight of medical bills and find it difficult to make ends meet, you’re not alone. A personal injury lawsuit will help compensate for your bills and provide much needed relief to your entire family.

If you believe you have grounds for a motorcycle injury lawsuit, contact the attorneys at Pocklington Law Offices for a free case evaluation. Let us review the facts of your case, answer any questions, and help you decide on your next steps. To learn more about our motorcycle injury legal services, please call us at (925) 295-1304.

Motorcycle Accident Attorney Walnut Creek

Being in a motorcycle or bicycle accident accident can be devastating. Unfortunately, these injuries are often catastrophic. A victim may struggle for years with the consequences of a motorcycle injury, which may lead to ongoing medical bills. Serious and permanently disabling injuries may even keep motorcycle accident victims from their livelihood.

If this sounds familiar, you may feel like you’re running out of options. Missed work and expensive medical care can take their toll, both financially and emotionally. However, you may be entitled to compensation for your injuries under California law.

Motorcycle Accidents in California

Accidents involving motorcycles are more common that you might think. In California, motorcycle accidents represent a fifth of all road fatalities, making it 26 times deadlier than traveling in a motor vehicle. There are inherent risks of motorcycle riding that make bikers more prone to injury. These include:

  • On-the-road hazards. While a car may simply roll over a pothole and keep going, a motorcycle may go flying – along with its rider.
  • Less visibility. Unfortunately, motorists aren’t as attuned to motorcyclists as they are to cars and other motor vehicles, and their vision can easily be obscured by cars or other objects.
  • Lack of barriers and safety constraints. Unlike cars, motorcycles don’t come equipped with safety features such as seatbelts or airbags. There’s also the more practical consideration of metal barriers separating motorists from the pavement of the road. While wearing a helmet offers some additional protection, motorcyclists are prone to more serious injuries because they aren’t as well insulated from hazards.
  • Less stability. Motorcycles don’t offer as much stability as cars, especially in emergency situations that involve quick braking and swerving. Additionally, some motorcycle accidents may occur when the front wheel wobbles at high speeds.

In some cases, bikers may be able to reduce their risk of accident by wearing protective gear, taking training courses, and driving defensively. However, they are still at the mercy of other drivers on the road. When another motorist causes a motorcycle rider’s injuries, this forms the foundation of a personal injury claim.

Determining Liability in Motorcycle Accidents

Like most forms of personal injury, the law determines liability in motorcycle accidents based on the theory of negligence. A motorist may be negligent when he or she behaves in a manner that’s not “reasonably careful,” and this behavior leads to the injuries of another person. A driver must use caution and follow all traffic rules to avoid injuring other people on the road. If a driver breaks one of these rules and a motorcyclist incurs injury as a result, then he or she may be legally liable for them.

In motorcycle accidents, it’s often the driver of another car who commits negligence. It’s important to note that either a reckless action (such as speeding or operating under the influence) or inaction (such as failing to check a blind spot before merging) can constitute negligence

The Essential Elements of a Motorcycle Injury Claim

Under California law, the injured motorcyclist can collect damages from the legally liable party when all the following apply:

  • The motorist owed the motorcyclist a duty of care. Motorists must follow all applicable traffic rules and share the road with motorcyclists.
  • The motorist committed negligence. To prove negligence, the law compares the conduct of the defendant to that of a reasonably careful person, given the same or similar circumstances.
  • The defendant’s negligence led to the motorcyclist’s injuries, and;
  • They suffered losses (such as medical bills or lost wages) as a result.

Types of Damages in a Motorcycle Case

California law allows victims of motorcycle accidents to collect damages in the following forms:

  • Economic damages. These compensate for the financial losses of an accident, which may include medical bills, lost wages, and the ongoing costs of rehabilitation or therapy.
  • General damages. These address the intangible losses associated with an accident. Common examples include pain, suffering, or emotional distress.

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