Riding a motorcycle can be fun and enjoyable, but there are considerable safety risks and dangers that come along with doing so. Unlike a car, motorcycle riders don’t have an outer frame to help absorb any impact and cage the rider. As a result, injuries from a motorcycle accident tend to be much more severe and life-threatening than car accidents. Our personal injury attorneys understand the unique risks and dangers of riding and can assist you with your claim.
Motorcycle accidents are not an uncommon occurrence in the state of California. Each year, 17% of all road fatalities are from motorcycle accidents, and 88,000 motorcyclists are injured. When motorcycle accidents occur, they often result in life-changing injuries or, unfortunately, the rider’s death. Not only are motorcycle injuries costly to treat, but such injuries may also lead to loss of wages as the rider may lose their ability to work. No motorcyclist should feel unsafe on the road. Suppose you or a loved one were involved in a motorcycle accident or lost someone due to a motorcycle accident. In that case, it is imperative you contact the attorneys at Freeway Law to see if your case is eligible for compensation.
Our lawyers at Freeway Law have extensive knowledge of the laws that govern motorcycle accident cases. They can help you determine how to proceed when an unfortunate accident occurs. We fully dedicate ourselves and our resources to help you fight for fair and just settlement during difficult times.
Proving Liability After a Motorcycle Accident
If you were not the cause of the accident, liability must be established immediately after a motorcycle accident occurs. Proving liability includes proving negligence, and the strength of your case will be based on the amount of evidence you have pertaining to liability. Our attorneys will help establish the defendant breached their duty to be a safe and competent driver. Some of the most common breaches are:
- Drivers who recklessly drive over the speed limit, drive while distracted, or participate in other illegal behavior while operating their vehicle;
- Drivers who make unsafe lane changes;
- Drivers who drive while drunk or under the influence of other substances;
- Companies who manufacturer defective auto parts rendering the car unsafe for the road; and
- Drivers who get behind the wheel tired or medically impaired.
The evidence obtained by your lawyer will be used to establish the driver’s negligence. Evidence includes dashcam footage, medical files, eye witness testimony, photos of the crash, and police and toxicology reports. If you are in a motorcycle accident, it is crucial to retain a personal injury attorney as soon as possible, mainly because critical evidence, like dashcam footage, can be erased. Proving negligence through the evidence is essential to strengthening your case.
Damages In California Motorcycle Accident
Two types of damages occur after a motorcycle accident that can entitle you to compensation: your personal injury damages and property damage.
Your personal injury damages would include damages from injuries to your person, including your medical bills, rehabilitation bills, and wages lost due to not being able to work. Your property damages would include damages to your motorcycle and the cost to repair or replace it.
If the driver who caused your motorcycle accident was fleeing the police, driving drunk, or operating their vehicle in any other illegal capacity (for example, driving without a license), you may also be entitled to punitive damages.