YOUR EAST BAY MOTORCYCLE ACCIDENT ATTORNEY
Being in a motorcycle accident can be devastating, and accidents involving motorcycles are more common than 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.
Associated injuries are often catastrophic, leaving a victim impaired with ongoing medical bills for several years. Missed work and expensive medical care take their toll, both financially and emotionally. However, you may be entitled to compensation for your injuries under California law. At Pocklington Law, we’re here to make sure you get the retribution you deserve.
Submit your online request for a free consultation and case review using our online form or give us a call at (925) 295-1304 for a free consultation. Read further for more information on motorcycle accident claims.
What makes motorcycle accidents more dangerous and what does that mean if I’ve been in a crash?
The following hazards make motorcycle accidents more dangerous than other forms of automobile crashes:
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.
What determines liability in a motorcycle accident case?
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. When can I collect damages from the legally liable party? Under California law, all of the following must apply for you to collect damages: 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 the motorcyclist suffered losses, such as medical bills or lost wages, as a result. What types of damages can I collect? 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. 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.