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How Is Fault Determined in a California Motorcycle Accident?
Riding a motorcycle on California’s scenic roads is a thrilling experience, but it also comes with risks. Motorcycle accidents can be devastating, and determining who’s at fault is the key to holding the right party responsible. Learn how fault is determined in motorcycle accidents, why these matters, and how a motorcycle accident lawyer can help.
Defining Fault
Establishing fault in a motorcycle accident means identifying which party is to blame, either by acting negligently or with malicious intent to cause harm. This important step declares who is financially responsible for damages and injuries. For accident victims, determining who’s at fault could make the difference between being fairly compensated and shouldering the burden of medical bills, motorcycle repairs, and other expenses.
In motorcycle accident cases, the blame could fall on several parties: the motorcyclist, another driver, or even a third party like a motorcycle manufacturer or government entity responsible for road maintenance. Because of this, determining fault isn’t always straightforward. That’s where having a solid understanding of the process—and possibly hiring a lawyer—comes into play.
Determining Fault in a Motorcycle Accident
Fault is determined by analyzing various pieces of evidence gathered from the crash scene. Here are the primary ways you can prove which party was at fault:
- Witness statements: Eyewitnesses can provide firsthand information on how the accident happened, including the actions of the motorcyclist and other drivers.
- Police report: The responding officer’s assessment of the scene and any citations they issue are prominent factors in determining fault. The police report is often a pivotal document in motorcycle accident cases.
- Photographic evidence: Pictures of the accident scene, vehicle damage, and injuries may prove invaluable. If possible, take photos right after the crash.
- Camera footage: In some cases, dashcams and cameras at intersections or mounted on buildings capture the accident, providing clear proof of exactly what happened and who was at fault.
- Expert testimony: Accident reconstruction specialists may be called upon to analyze the scene and give their expert opinion on how the accident occurred.
Remember, you should never discuss fault with the other driver or your insurance adjuster. Admitting fault, even informally, can come back to haunt you. Let your motorcycle accident attorney handle the details of fault with insurance companies and in court.
Comparative Negligence in California Motorcycle Accidents
California follows a comparative negligence rule, meaning fault can be shared between parties. Under this system, each party involved in the accident is assigned a percentage of the blame. Don’t worry—even if you are partially responsible for the accident, you can still recover damages, though your compensation will be reduced by your percentage of fault.
For example, imagine a motorcyclist is found to be 20% at fault for speeding, while the other driver is 80% at fault for making an illegal turn. In this scenario, the motorcyclist’s total compensation would be reduced by 20%.
Examples of Shared Faults in Motorcycle Accidents
- Speeding: If both the motorcyclist and the other driver were speeding, they may share fault.
- Improper lane changes: If the motorcyclist was speeding while the other driver made an unsafe lane change, both could share responsibility.
- Not using turn signals: If a motorcyclist fails to signal and a car turns without checking, both may bear some fault.
- Ignoring traffic lights: If a motorcyclist runs a red light as a car makes an illegal turn, they are both partly responsible.
- Unsafe lane splitting: California is the only state where lane splitting is legal. However, strict rules apply. If a motorcyclist travels more than 10 mph faster than the surrounding traffic, and nearby vehicles are traveling over 30 mph, such recklessness could make them partly to blame.
How a Motorcycle Accident Lawyer Can Help
Navigating a motorcycle accident case can be complicated. A skilled motorcycle accident lawyer will help you through every step of the process. First, they thoroughly investigate the accident, collecting evidence like police reports, witness statements, and expert opinions. They handle all communications with insurance companies, develop a solid legal strategy, and represent you in court if the insurance company won’t settle. Having a legal expert by your side ensures you won’t make mistakes that could reduce your compensation, like admitting fault or miscalculating the value of your claim.
Contact Our Motorcycle Accident Law Firm
If you have sustained motorcycle accident injuries in California, turn to Bakerink, McCusker & Belden. We have over 35 years of experience helping accident victims in Tracy, CA, and the San Joaquin County area. Our dedicated legal team has consistently ranked among the “Best of Tracy” and holds a prestigious Martindale-Hubbell® BV Distinguished® rating for our expertise and ethical standards. Contact us today for a free, no-obligation consultation so we can begin building your motorcycle accident case.
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How does whiplash affect your neck?
Whiplash Injuries in Tracy, CA
See What Happens To Your Neck In A Whiplash Injury
Personal injury lawyers near Tracy and Manteca often work with car accident survivors who have sustained whiplash injuries. In these cases, a personal injury lawyer may consider the possibility of chronic pain. Long-term injuries may increase the total compensation that an accident attorney may seek on the victim’s behalf. When you watch this featured animation, you’ll see exactly what happens to the structures of the neck during a car accident.
As the head moves rapidly forward and backward, the ligaments, tendons, and muscles can overstretch and tear. The sensitive nerves in the area may become pinched, causing pain, numbness, and muscle weakness to extend from the neck through the shoulder and into the arm. Since whiplash injuries can cause a range of symptoms—from chronic headaches to dizziness—it’s a good idea to keep a written journal of your accident-related problems and losses. Your personal injury lawyer can use this record for your injury claim.
Getting a Better Understanding of Whiplash Injuries
If you consult an attorney in Tracy after an auto accident, one injury he or she will want to know if you are suffering from is whiplash. New research into whiplash has indicated that more people than expected suffer from chronic complications after whiplash, which could influence the amount of compensation your personal injury lawyer pursues on your behalf.
Watch this video to learn more about whiplash injuries and what new research is saying about chronic pain and other complications. Personal injury lawyers consider the chronic effects of injuries when determining how much compensation is appropriate after an accident. Your injury lawyer may ask you to consult with your doctor about your likelihood of having chronic problems to make the best plan for your case.
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Mistakes to Avoid After an Auto Accident
Seasoned personal injury lawyers can help clients secure compensation for their losses after an auto accident. However, there are certain steps you should take and mistakes you should avoid in the wake of the crash. Avoiding these common mistakes can help your lawyer in Tracy or Livermore substantiate your claims and obtain a favorable outcome for you.
Making a “Gentleman’s Agreement”
Some negligent drivers may try to make an oral agreement with you regarding compensation for your losses. This is never a good idea, since it usually means that the other driver lacks insurance. You should always contact the local law enforcement agency and report the accident. Your lawyer will need a copy of the accident report.
Failing to Collect Evidence
It can be difficult to think clearly after someone has struck your vehicle. You’ll be preoccupied with getting the vehicle to a safe place off the road and checking on the welfare of your passengers. But after these steps are completed and you’ve called for emergency responders, it’s absolutely essential to collect certain information. Your injury lawyer will need basic information such as the other driver’s full name, contact information, license plate number, and make and model of the vehicle. However, you should also write down a list of all witnesses, including the passengers, and request a written statement and contact information from any bystanders. Take photographs of the crash site, the damaged vehicles, and the injuries, if applicable. Be sure to take pictures of traffic signs or lights, skid marks, and similar features. As soon as possible, write down your recollections about what happened before, during, and after the crash.
Delaying a Medical Evaluation
Another common mistake is failing to get medical attention promptly. Not all injuries from auto accidents are immediately apparent. The adrenaline from the crash can mask the symptoms of internal damage. Delaying medical care can affect the outcome of your recovery. Additionally, the other party can try to argue that your injuries could not have been serious or were not caused by the crash simply because you delayed medical care.
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The Dos and Don’ts of Auto Accident Claims
The process of filing an auto accident claim isn’t always as straightforward as it might appear. Unfortunately, it’s all too easy to make a simple mistake that can compromise your ability to obtain just compensation for your losses. It’s best to contact a personal injury lawyer near Tracy or Manteca as quickly as possible. Your personal injury lawyer will offer invaluable legal guidance and help you get the funds you need to get your life back on track.
Do Make Some Prompt Phone Calls
After a car crash, your first phone call should be to a 911 dispatcher. After the police clear you to leave the scene, you should go to the nearest medical center. Once you’ve been evaluated by a doctor, it’s time to call a personal injury lawyer. It’s advisable to speak with an injury lawyer before you contact the insurance company because your lawyer can guide you through the process of speaking with the claims representative without inadvertently saying something that might lead to negative consequences.
Don’t Forget Documentation
Even in simple accident cases, the insurance carrier may try to shift some of the blame to the victim to lower the amount of the settlement. Physical evidence and eyewitness testimony will help prove your case. Bring all relevant documents to your meeting with your personal injury attorney, such as a copy of the police report, your medical records, and car insurance policy. Your lawyer will need information about the other driver and a list of witnesses, such as passengers or passersby. It’s always a good idea to take photographs of the crash site, the damage to the vehicles, and any other relevant details. Your lawyer will use all of this evidence when he or she negotiates with the insurance carrier on your behalf.
Don’t Sign a Waiver
When you speak with the claims representative, it’s important that you avoid giving any recorded statements. Do not provide the insurance company with any written statements, or sign any waivers or releases until you speak with your attorney about these matters.
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Types of Damages in Auto Accident Cases
If you are injured in an auto accident that wasn’t your fault, there are several different kinds of damages you may be eligible to receive. Your personal injury attorney in Tracy will examine the nature of your claim in detail to decide what kinds of damages are appropriate for your situation. Here are some of the different types of damages your attorney will consider when preparing your auto injury case.
Medical Expenses
When you have medical bills that are the result of your accident, you may be awarded damages that compensate you for your expenses. These expenses include both acute and long-term care you may need, including ambulance fees, surgery, physical therapy, and healing accessories such as crutches. You may also be awarded compensation to pay for in-home care, cognitive therapy, and other types of medical care that persist long after the accident. For instance, if a judge determines that you will need in-home care for the rest of your life after an accident, you could be awarded compensation to cover these future costs.
Pain and Suffering
If your attorney can prove that you suffered emotional or physical pain as a result of your accident, you may receive damages to compensate you for your discomfort. To award pain and suffering damages, the court will consider the extent of your injuries, including if you were left with a permanent disability or scarring, and the impact the accident has had on your life, such as the inability to return to your previous occupation because of your injury.
Lost Wages
Lost wages are awarded as damages when you are unable to work for a period of time due to the injuries sustained in the accident. When awarding lost wages, the court may also consider your inability to do the same kind of work, resulting in receiving a lower wage, and the time you have to take off from work for physical therapy or other treatments related to the injuries from your accident.
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Wrongful Death Law in the News: The Paul Walker Case
If a loved one has died in an accident, you have the right to consult a personal injury lawyer near Tracy and Livermore to discuss whether you have the basis to file a wrongful death lawsuit . Meadow Rain Walker, the daughter of the late actor Paul Walker, did just that following the 2013 crash that claimed her father’s life. The young woman’s personal injury lawyer is demanding compensation on her behalf from the defendant automaker, Porsche. In her complaint, her attorneys have alleged that had it not been for certain design defects, Paul Walker may have survived the crash.
You can watch this video to learn more about this wrongful death lawsuit or consult an accident attorney to discuss filing your own lawsuit. This news clip explains that Meadow Walker’s lawyer alleges the model of Porsche that Paul’s friend had been driving trapped Paul in the passenger seat. Otherwise, Paul may have been able to escape the car, which quickly became engulfed in flames.
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Mistakes to Avoid When a Car Accident Happens
Following a car accident, you might have to deal with the consequences of missing work, fixing damage to your car, handling liability issues, and seeking treatment for related injuries. In addition, you may need to contact a personal injury lawyer in Tracy at Bakerink, McCusker & Belden to ensure you obtain the compensation you deserve. While it’s important to know what steps to take following a car accident, it is equally important to understand what mistakes to avoid.
Leaving the Scene
If you’re involved in a car accident where the damage appears minor, you should still stay at the scene. You are legally required to stop and check on the other people involved, regardless of how serious the accident initially appears. You should also exchange insurance information with the other driver so that you can provide this information to your lawyer and insurance company. In some states, driving away from an accident scene involving injuries can result in felony charges. Not only do you need to check on the scene, but if someone is injured, you must provide aid, transport him or her to the hospital, or wait for help to arrive.Forgetting Proper Documentation
Once you’ve called 911 to report the accident, you need to make sure you properly document the incident for the personal injury lawyers that could become involved in your case. As soon as possible following the accident, write down exactly what happened in the moments leading up to the incident and when the crash occurred. For example, you need to know what street you were on, what direction you were headed, and when the other driver came onto the scene. Not only will you want to provide this information to your attorney, but you will also need to give it to law enforcement and your insurance provider.Neglecting the Aftermath
Coping with the trauma of a car accident is difficult, but you still need to follow up on the aftermath by seeking medical treatment and consulting an accident attorney with Bakerink, McCusker & Belden. It’s especially important to get in touch with a lawyer if your resulting injuries will require extensive medical treatment. -
Common Types of Personal Injury Cases
A personal injury lawyer near Tracy can handle a broad range of cases, including auto accidents and attacks by dogs. If you’ve suffered an injury and you believe it may have been the fault of another party, you can consult a personal injury lawyer to discuss your legal options. For this type of case, your injury lawyer will need to prove that the defendant should be held liable for your injuries. Additionally, he or she will need to provide evidence of the nature and extent of your losses. Quite often, however, attorneys can negotiate a favorable settlement for plaintiffs before the case goes to trial.
Auto Accidents
The majority of personal injury cases in the U.S. result from car accidents, truck accidents, and motorcycle collisions. Bicycle accidents and cases in which pedestrians are struck also form the basis for many personal injury lawsuits. Often, a lawyer can assist the victim of a crash by negotiating for a fair settlement from the auto insurance company. At other times; however, a personal injury lawsuit is necessary to justly compensate the victim. A lawyer can also represent the family members of an auto accident victim. In the event that a victim lost his or her life in the crash, the lawyer can file a wrongful death lawsuit on behalf of the surviving family members. Compensation from a jury award or settlement deal can pay funeral expenses and medical expenses.
Dog Bites
Even a well-trained, mild-mannered dog can bite. Dogs often attack because they feel threatened, because they’re hurt, or because they’re trying to protect something or someone. Dog bite cases are complex and often hinge upon where the attack took place, such as whether it was on the owner’s property or in a kennel. If you’ve been attacked by a dog, it’s imperative to work with an attorney who has experience handling these types of cases.
Slip and Fall Accidents
Slip and fall cases can also be complicated. An individual may slip or trip and fall on a public sidewalk, inside a private building, or inside a retail establishment. A personal injury lawyer can investigate the case thoroughly to determine which parties may be held liable for the accident. This may include property managers or building owners, for example.
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The Importance of Legal Help after an Accident
If you have been injured in an accident, it’s essential that you take immediate action to protect yourself and your rights. One of your first steps should be to contact a personal injury lawyer near Tracy to set up a consultation. During that initial meeting, your attorney can help you determine whether you have a case and who should be held responsible for the harm you have suffered. Your attorney can also inform you of how much compensation you may be entitled to for your injuries, which will help you decide whether your case is worth pursuing. Bringing a legal case can be a complex process, and a seasoned attorney will have the expertise and knowledge of California law that is necessary to navigate the legal system and bring your case to a satisfactory conclusion. No matter what kind of accident you have been involved in, an experienced accident attorney can help you.
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