Being in any accident is scary. Being in a motorcycle accident is even scarier. You don’t have a layer of metal to protect you. You are out in the open air. You are more likely to get injured and more likely to get severely injured. Motorcyclists are specifically 8 times more likely to be injured than those operating a vehicle, but 35 more times likely to be killed than those operating a vehicle. It’s important to know the laws in California for motorcyclists. The state of California, for example, is the only state which allows for lane splitting. They can move between lanes in traffic that is going in the same direction. Determining who is liable in a motorcycle accident is dependent on negligence from either party. You’ll also need to know what happens when you aren’t held liable and the other party owes you compensation.
So you get into a crash with your motorcycle and another vehicle. Who is liable? Liability is governed by negligence, who has acting careless at the time of the accident causing the accident to happen. Drivers must have “duty of care” when driving. This means that they must use care to avoid injuring other drivers, pedestrians, passengers or anyone that the driver may encounter on the road. Many times during an accident the driver is seen as liable and negligent. For example, they didn’t check their mirrors when they were making a left turn and hit a motorcyclist or they were speeding and hit them. Drivers being careless when making a left-hand turn is one of the most dangerous situations for motorcyclists to be in. This accident accounts for 42% of all motorcycle accidents. The motorcyclist can also be seen as responsible for the accident and held liable. For example, the motorcyclist could be riding while drunk. 50% of motorcycle accidents are caused by either speeding or the use of alcohol.
When they owe you compensation
When the motorcyclist is not seen at fault and caused the crash, then the other party owes them compensation. The other party may be responsible for paying present damages and possibly future damages. Present damages include things such as lost wages, medical bills, ambulance costs, the damages that were made to your motorcycle, pain and suffering, and medications that are prescribed to you as a result of the accident. In some cases, you may receive compensation in future damages. For this, the amount must be certain enough to be counted. For example, if you have to see a doctor for 3 years after the accident, then the at-fault driver would be responsible for medical bills for the whole 3 years.
The weather in California is perfect for motorcyclists. You don’t have to worry about driving during a specific season. It’s freeing and can feel incredible. However, it’s not all glamourous when you get into an accident. It’s incredibly scary and you are more likely to be injured. There are too many drivers on the road that don’t take care and extra caution when around motorcyclists. You need the compensation you deserve in order to get you back on your feet. Edward “Skip” Babbitt is here to help. Call his office today at 619-543-1789 to schedule your free initial consultation.