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Negligence Acts toward Motorcycle Riders in California

By Edited Feb 10, 2014 0 0

Every year, thousands of motorcycle accidents happen in the State of California; this is because of certain factors including alcohol intoxication, speeding, violation of traffic rules, and others. However, there are times wherein the motorcyclist is not at fault in an accident. There are some instances when the motorcycle rider is the victim of negligent actions of other motor vehicle drivers.

Negligent actions done by vehicle drivers to riders

The following are some of the situations that make the vehicle driver at fault in a motorcycle accident:

•    The driver did not notice the rider because he is impaired with alcohol.
•    The driver did not notice the rider because he is distracted by using his cell phone or other electronic device.
•    The driver failed to give the rider the right-of-way.
•    The driver beat the red light and did not have time to react to incoming motorcycle.
•    The driver unsafely swerves and crashes into a motorcycle.

Under the personal injury law, when a vehicle driver hits another motorist like a motorcycle rider, he or she should be held liable for his or actions. The liability usually includes providing compensations to the victim. Recoverable payments may include hospitalization and medication expenses, loss of income, loss of consortium, and pain and suffering damages.

Proving the negligence of the vehicle driver

Recovering for injury compensations from the liable vehicle driver is not easy because the victim needs to first establish certain factors. The injured motorcyclist must prove that the other driver is at fault during the accident; otherwise, he or she would not win his or her claim.

Under the law, a person may be considered the negligent party in an accident if his or her negligent action led to the mishap. In the legal sense, all drivers have the duty of care to other motorists and pedestrians; hence, if a driver’s negligent action resulted in an accident, he or she breaks that duty of care.

Importance of hiring a personal injury lawyer

Establishing negligence of the liable party is not easy as claiming details of the accident, which is why it is imperative for the accident victim to get legal assistance from an experienced injury lawyer. In California, motorcycle accident victims are advised to get help from a Los Angeles accident attorney to successfully establish the negligence of the liable driver involved.

Additionally, a personal injury lawyer can help motorcycle accident victims in negotiating with the insurance company of the liable party; thus, allowing them to receive adequate compensations and damages awards.

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