Do Other Motorists Have A Duty To Motorcyclists?
Drivers’ responsibilities are actually laid out in the California jury instructions and they say a person must use reasonable care in driving a vehicle and that they must keep a look out for pedestrians, obstacles, and other vehicles. Other vehicles include motorcycles. They must also control the speed and movement of their vehicle. Failure to use reasonable care in driving a vehicle is negligence. Even where the right of way is bearing in mind by statute, if the conditions so require avoiding injury to others, the right of way must be yielded. Drivers have a clear duty to avoid collision with a motorcycle.
How Do Motorcycle Accidents Differ From Automobile Only Accidents?
A motorcyclist has much less protection surrounding him or her than that someone has when they are in a closed vehicle. There is nothing between that biker and the car that hits them. There is also nothing between the biker and the asphalt or other objects. Because of this, the injuries that motorcyclists suffer can be catastrophic.
Another difference between car and motorcycle accidents is that there is a pervasive prejudice against motorcycle riders. People typically believe that bikers are careless and this affects how juries perceive the injured biker. It can sway how they address fault and how they compensate someone for their injuries. A lawyer who is experienced in handling motorcycle cases knows to address this issue head-on when talking to the jury and try to educate them, through testimony, to the fact that bikers are actually some of the safest, most cautious people on the road.
What Types of Injuries Do Motorcycle Riders Generally Sustain From Accidents?
Motorcycle riders can sustain all kinds of horrible internal and external injuries, which can include brain injuries and broken bones. Many times people break the occipital orbit, which is what holds your eye in place. Spinal injuries, amputations, paralysis, de-gloving, road rash, Post-Traumatic Stress Disorder, and death are all common.
What If My Motorcycle Accident Involves A Ticket? Do I Still Have A Case?
If you get a ticket it does not necessarily mean that, you do not have a case for your accident. It depends on what the ticket is for and how much of what you are being charged with contributed to your accident and your injuries. Depending on the case, a ticket can be addressed and explained. The other party may have some legal responsibility as well. Getting a ticket does not mean you are deemed 100% at fault. You still may have a good case.
For more information on Motorcycle Accidents in California, a free initial consultation with Sherman Oaks, CA auto/motorcycle accidents attorney is your next best step. Get the information and legal answers you are seeking by calling (818) 306-5799 today.
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