Obtaining Compensation After a Motorcycle Crash
The collision related death/serious injury rate for motorcycle riders is four times higher (80 percent) than the death/serious injury rate for vehicle occupants (20 percent). As a result, the medical bills for motorcycle crash victims are much higher. Quite frankly, victims need money to pay these bills. Furthermore, these victims need money to put their lives back together following a serious injury collision.
A Carlsbad personal injury lawyer can obtain this compensation in court. Usually, these claims settle out of court, during mediation. A third-party mediator ensures that the defendant negotiates in good faith. “Take it or leave it” is not a good-faith negotiation stance. Instead, the defendant must give in, if that’s what it takes to reach a settlement agreement.
Defective Product
Occasionally, the defendant in a motorcycle crash claim is a company that sold a defective product.
Some products are defective on the drawing board (design defect), like an engine that overheats. Other products become defective when made (manufacturing defect), like brake pads made with cheap, imported parts.
Manufacturers are strictly liable for the injuries their defective products cause. Manufacturers also have a duty of reasonable care to warn customers about known product defects or side-effects. More on that below.
Ordinary Negligence
Driver error causes almost all motorcycle crashes in California. This driver error is negligence, or a lack of care, if:
- Duty: Most drivers have a duty of reasonable care. They must inspect their vehicles regularly (and we aren’t just talking about state safety inspections). Furthermore, they must be physically, mentally, and otherwise ready to drive. Finally, they must drive defensively.
- Breach: Driving an unsafe vehicle, while impaired, and/or aggressively usually breach the duty of care. Because motorcyclists are so vulnerable to serious injury, as mentioned above, drivers have little margin for error in these areas.
- Cause: Legally, cause is a connection between the breach and the damages. Additionally, the breach must substantially cause the damage. Many wrecks have contributing causes (rain, unsafe road, ect.) and one substantial cause (driver error).
- Damages: In some cases, a Carlsbad personal injury lawyer can obtain compensation based solely on emotional distress, like a near-miss accident. In most cases, however, the law requires physical personal injury or property damage.
Frequently, a third party, like a commercial driver’s employer, is financially responsible for the compensation in a motorcycle crash claim.
Negligence Per Se
If the tortfeasor (negligent driver) violated a safety law, such as speeding or DUI, the tortfeasor could be liable for damages as a matter of law. An attorney doesn’t need to prove duty and breach.
Unfortunately for victims, this time-saving shortcut doesn’t apply in many motorcycle crash claims. First responders rarely issue citations in these situations. They believe that a motorcycle wreck is a civil dispute, and they don’t want to get involved.
So, even if the tortfeasor was clearly responsible for the wreck, an attorney must go through the ordinary negligence process to obtain maximum compensation.
Count on a Hard-Working San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in Oceanside, contact the Pursley Law Firm. We do not charge upfront legal fees in these matters.
Source:
jdpower.com/motorcycles/shopping-guides/motorcycle-vs-car-accident-statistics
