Establishing Fault in Motorcycle Accident Cases
The State of California offers motorcyclists a number of the best panoramic roads in the nation. Motorcyclists from all over the nation are drawn to the state, with the Highway Patrol estimating that more than 1.4 million riders are registered to ride in the state. Unfortunately, many motorcyclists are injured in traffic accidents across the state each year. Based on a report published by the California Office of Traffic Safety, close to 500 motorcyclists lost their lives in traffic accidents that took place in 2018.
Causes of Motorcycle Accidents
Motorcycles can present a unique set of issues for riders and other drivers alike. In many motorcycle accidents, drivers commonly claim that they failed to recognize the rider on the road. As a consequence of their small design, motorcyclists run the risk of being struck by another vehicle because of the following: Reckless driving. Distracted driving. Speeding. Roadway hazards. Impaired driving.
As safe and as aware as motorcyclists can be, they will always be at risk of being injured by a negligent driver. When this occurs, the opportunity to recover compensation from the reckless driver arises.
Establishing Negligence in a Motorcycle Accident Case
In the State of California, motorcyclists have a legal right to seek monetary compensation when they have been injured as a consequence of a negligent driver. Achieving a successful claim, however, is not always easy. To be triumphant in a personal injury claim against the at-fault driver, the following elements must be presented in the claim:
- The negligent driver owed a duty of care to the rider. Every driver in the State of California has a legal obligation to drive safely and avoid the injury of another person on the road.
- The driver breached his or her duty of care by being negligent (driving in an unreasonable manner). When a driver engages in an unlawful and reckless action, such as speeding or driving while under the influence, this can amount to a breach in duty of care.
- The driver’s wrongful actions led to the collision, which resulted in the motorcyclist’s injuries. This is also known as proximate cause, where, if it wasn’t for the driver’s careless actions, the motorcyclist would not have been injured.
- The motorcyclist accrued financial losses, bodily harm, property damage and other damages as a result of the accident.
Securing a Fair Monetary Compensation is Possible with the Support of a Knowledgeable Personal Injury Attorney
If you or someone you know was injured in an accident in California, financial compensation may be attainable with the support of an experienced and knowledgeable personal injury attorney. An experienced attorney will gather the evidence required to establish a strong case against the at-fault party. More importantly, a proficient attorney will ensure a maximum compensation is secured.
Gary G. Goldberg has established a reputable reputation in the field of motorcycle accidents. If you have sustained serious injuries in a motorcycle accident, obtain the legal support of a law firm you can depend on during this difficult time. Consider scheduling a free initial consultation with Gary G. Goldberg, Attorney at Law, today.
