A motorcycle crash is very likely to result in catastrophic and potentially even life-threatening injuries. If you’ve been injured in a motorcycle accident, you understand how serious the outcome can be. So do we.
Pius Joseph is an experienced Pasadena motorcycle accident lawyer. He has advocated for motorcycle safety and for the rights and interests of motorcycle accident victims for nearly three decades. He knows what it takes to hold negligent parties and their insurance companies accountable.
Following a serious accident, an injured motorcyclist needs immediate access to the best medical care and full financial support throughout the recovery process. Unfortunately, big insurance companies do not make the personal injury claims process easy. The personal injury lawyer at the Law Offices of Pius Joseph – Personal Injury Attorney is here to help.
If you were injured in a motorcycle crash in Southern California, our legal team is ready to help you seek to maximize your financial compensation. To arrange a free, fully confidential initial personal injury consultation, please call us or contact us online now.
How Are Motorcycle Accidents Different from Car Accidents?
Motorcycle accidents share some important similarities with other motor vehicle accidents. Any resulting personal injury claim will be handled under California’s comparative negligence laws. An at-fault defendant — most often a driver, but sometimes other parties— can be legally liable for the victim’s losses.
In both motorcycle and car traffic collisions, plaintiffs need professional legal representation to conduct a complete investigation, identify all responsible parties and sources of insurance, calculate losses, and fight for maximum compensation.
However, there are some important differences between motorcycle accidents and car accidents. Perhaps most notably, motorcyclists are far more likely to suffer severe injuries. There is typically much more on the line in a motorcycle accident case.
Additionally, motorcyclists often face unjust, false bias from insurance companies. In far too many instances, insurers try to use negative stereotypes about bikers in an attempt to shift blame onto the motorcyclist. In reality, bikers are some of the most cautious and alert motorists.
Finally, motorcycle accidents often have unique causes. In many cases, motorcycle wrecks happen because other drivers simply fail to notice the presence of a bike or because of a highway hazard that is uniquely dangerous to riders.
Comparative Fault Rules Can Complicate Your Motorcycle Accident Claim
Motorcycle accident victims should also be aware of the fact that California uses a comparative fault standard for most personal injury claims. Multiple parties can be held legally responsible for a motorcycle accident. In a shared liability case, each party will be assigned a specific percentage of the fault.
In some motorcycle accident cases, injured victims will be able to pursue a claim against multiple defendants. However, in other cases, an insurance company may try to place some of the fault back onto the plaintiff. If they can get away with it, this will reduce the financial compensation that’s available.
For instance, if you were found to be 25 percent at fault for the motorcycle crash, your compensation would be reduced by 25 percent. You need a California motorcycle accident attorney who will protect you from being unfairly blamed.
What You Need to Know About Proving Fault for a California Motorcycle Crash
California is a fault-based motor vehicle accident state. To hold another party responsible for a motorcycle wreck in Pasadena, CA, a plaintiff must prove that the party was actually to blame for the accident.
There are four requirements elements proving fault (negligence). Those include:
- Duty of care
- Breach of duty
In simple terms, proving fault requires proving that a defendant acted in a careless or reckless manner, and thereby caused harm to another party.
In many motorcycle accident claims, establishing fault can be challenging. Plaintiffs need strong and well-presented supporting evidence to back up their legal claim. After a crash, it is crucial for injured victims seek guidance from an experienced Pasadena motorcycle accident lawyer who can help put together the evidence needed to prove fault.