Motorcyclists have the same responsibilities as other motor vehicle operators when it comes to following traffic laws, which means they also have all the same rights to proper space in their lane and consideration from other drivers. Unfortunately, far too many drivers ignore, fail to notice, or even go out of their way to intimidate motorcycle riders. This can lead to accidents with devastating repercussions.
If a negligent driver caused you to get into a wreck while riding your motorbike, you should consider speaking with a personal injury attorney about your legal options as soon as possible. With support from a Ladera Heights motorcycle accident lawyer, you could hold the person responsible for your crash financially liable for your injuries and losses.
Understanding Negligence in a Motorcycle Accident Claim in Ladera Heights
In addition to obeying the law and paying attention to their surroundings, motor vehicle drivers in California also have an implicit duty to look out for other people on or around the road and give them enough space to safely get where they are going. Any driver who hit you due to a breach of this implicit duty could be considered “negligent.” An act of negligence may be anything from a traffic violation, a lapse in concentration, or overly aggressive driving.
Proving that someone else acted negligently and directly caused your motorcycle crash can be complex. If the at-fault driver received a traffic violation at the scene of the accident, you may need to obtain a copy of the police report filed by the responding officer. Demonstrating fault may require gathering other forms of evidence including eyewitness testimony, photos from the accident scene, footage from surveillance and/or dashboard cameras, and even input from accident reconstruction experts.
How Can Partial Fault Impact Your Claim?
You may also need to show that you are not to blame for your accident. Under state law, plaintiffs found partially responsible for their own damages may be subject to a proportional reduction in their final damage. A dedicated lawyer in Ledra Heights could defend you against allegations of partial negligence in your motorcycle wreck case.
Recovering Compensation Within Filing Deadlines
Through a successful claim, you could recover compensation for both economic and non-economic losses, including:
- Medical expenses
- Motorcycle repair/replacement costs
- Lost work income
- Lost earning capacity
- Physical pain and suffering
- Lost enjoyment of life
When seeking compensation, it is crucial to take swift legal action. According to California Code of Civil Procedures §335.1, those who wait more than two years after sustaining an injury to file suit could lose the right to recover any compensation at all. For this reason, you could benefit from talking to a skilled lawyer as soon as possible following your motorbike crash.
A Ladera Heights Motorcycle Accident Attorney Could Help
Getting into a wreck on a motorcycle can be a traumatic experience, especially if the crash was caused by a reckless or careless driver. Additionally, the prospect of dealing with various physical, financial, and emotional losses all by yourself after an accident can be overwhelming.
A Ladera Heights motorcycle accident lawyer could help you collect the compensation you need to address these losses. Schedule your free initial consultation today to get started with your case.