Many people are passionate about riding their motorcycles and the freedom that they feel while riding. However, other motorists often fail to pay attention to motorcycles, due to their size. This lack of attention or difficulty anticipating that a motorcycle may be in a space may lead to collisions. A motorcyclist has no protection against the force and weight of a larger vehicle. While the driver of a car or truck may walk away from an accident unscathed, motorcyclists face the possibility of devastating injuries, such as paralysis, brain trauma, or death. This means that enlisting an experienced personal injury attorney is critical to asserting your rights. Sacramento motorcycle accident lawyer Travis G. Black may be able to help you recover compensation.Establishing Liability for a Motorcycle Accident
Most motorcycle accidents result from a driver’s negligence. In order to establish that another driver was negligent, you will need to prove the driver's duty of care, a breach of duty, actual causation, proximate causation, and damages. These elements must be proven by a preponderance of the evidence, which means, broadly speaking, that it is more likely than not that the other driver's lack of reasonable care while driving caused you to suffer injuries.
Often, a driver's defense is that a motorcyclist was at fault. Sometimes insurers for a driver responsible for an accident contact a motorcyclist to try to obtain information that would harm their case. This is because California law includes an affirmative defense of comparative negligence. If the other driver can establish that you were partially or fully to blame for your injuries, your damages may be reduced by your proportion of fault. It is important not to speak to the other driver's insurer before you have a chance to consult your own attorney. The other driver's insurer owes you no loyalty and may try to use statements that you make as admissions to reduce the amount that it needs to pay you.
Sometimes multiple other people or entities are at fault for a motorcycle accident, such as when the road presents hazards that should have been fixed, and a driver of a larger vehicle also fails to use reasonable care. California follows the rule of joint and several liability with respect to economic damages but not noneconomic damages. This means that one defendant may be held responsible for 100% of the damages for tangible losses like medical costs, lost income, and household services, even if that defendant is only 50% at fault for the accident, when no other defendant has the ability to pay. However, each party is only severally responsible for noneconomic losses like pain and suffering, mental anguish, and loss of enjoyment of activities.Consult a Motorcycle Accident Lawyer in the Sacramento Area
Attorney Travis G. Black worked for the insurance industry and served as a police officer before establishing his own firm. He now uses the insights that he gained in these industries to serve accident victims. You should consult the Sacramento motorcycle accident attorneys at Travis G. Black & Associates if you have been hurt or lost a loved one because of a careless driver. Based in Folsom, our firm offers knowledgeable and comprehensive legal counsel. Contact us online or call Travis G. Black & Associates at 916-962-2896 for a free consultation with a motor vehicle collision attorney.