Although California is a great environment for motorcycling, the enjoyment it affords comes with serious risks. Bikers often suffer severe injuries in crashes, even at low speeds. If another party’s negligence were a factor in the incident, the negligent party could be liable for damages.
Unfortunately, many drivers fail to respect motorcyclists on the road, and sometimes other drivers do not even see them. Crashes are common, and prejudice against bikers could affect their opportunity to receive fair compensation for their injuries.
If you are recovering from injuries you sustained in a wreck, it is wise to discuss your legal options with a Burbank motorcycle accident lawyer. With representation from a skilled attorney, you could hold the negligent party fully accountable for the harm they caused you.
Motorcycles offer no protection in a crash, so a biker often sustains more serious injuries than the occupants of a vehicle would under similar circumstances. Some common injuries that result from motorcycle accidents include:
Any of these injuries might require significant medical intervention and recovery time. Some of them could result in permanent impairment. In certain cases, injuries sustained in a motorcycle accident could prevent a biker from working or even render them unable to live independently.
If another person’s negligence contributed to the incident, a rider could receive damages that might ease their adjustment to life after a severe injury. Damages could include: compensation for medical care, durable medical equipment like prostheses and wheelchairs, and home renovations to accommodate an injury. Damages also may include payments to compensate for lost earning capacity and for disfigurement, physical pain, emotional anguish, and diminished quality of life associated with the accident.
It takes skill to handle a motorcycle, and they are more vulnerable than four-wheeled vehicles to soft road surfaces and other hazards. For these reasons, California has enacted laws and regulations to make motorcycling as safe as it can be.
California requires bikers to hold a motorcycle driver’s license. Riders between the ages of 15 to 21 must complete the California Motorcyclist Safety Training Course before they can apply for a license. Completing the course is voluntary for applicants aged 21 or older.
The law requires that a rider’s feet touch the ground when they sit astride the bike, and that handlebars not rise more than six inches above the rider’s shoulders when the rider is seated. California Vehicle Code §27803 mandates that all motorcycle riders wear an approved helmet at all times.
Failing to adhere to these laws has implications for any personal injury lawsuit a motorcyclist might bring. Violating the law is negligence per se and could impact the damages a biker is entitled to receive from other parties. A knowledgeable bicycle collision attorney could explain how negligence per se might affect a biker’s financial recovery in a specific case.
Anyone seeking damages after a motorcycle accident must prove that someone else’s negligence was a factor in the incident. Potentially negligent parties could include other drivers, vehicle manufacturers if a defective part contributed to the wreck, and the local government responsible for road maintenance. A savvy motorcycle accident lawyer could investigate to determine whose negligence might have contributed to the incident.
If the motorcyclist was negligent, they still could seek compensation. However, other negligent parties will only be responsible for the portion of the biker’s damages that they caused. For example, if a biker and another motorist were equally responsible for a crash, the motorist would be liable to pay for half of the biker’s damages.
The apportionment of responsibility has a big impact on the damages a biker might receive. Insurers often will try to shift as much responsibility onto an injured biker as they can in order to limit the liability of their insured. A Burbank attorney could present evidence showing that most of the responsibility for a motorcycle accident rests with another negligent party.
If you have recently had a motorcycle accident, you are probably not in a strong position to negotiate a settlement by yourself. Insurers do not hesitate to take advantage of injured people. They play hardball, and so should you.
A Burbank motorcycle accident lawyer could fight on your behalf to ensure that you get the compensation you deserve. Schedule an appointment to talk to an aggressive advocate as soon as possible after your wreck.
Benji Personal Injury – Accident Attorneys, A.P.C.