City of Upland Motorcycle Accident Attorneys
Motorcycle Accident Lawyer serving Upland, California
Riding a motorcycle is a favored method of transportation for many Californians. Motorcycles not only provide an economic form of transportation, but they also provide an exhilarating experience to those who ride them. Like all other methods of transportation, however, motorcycles are not protected from traffic accidents. In fact, as a result of their inherent design, motorcycles are prone to serious accidents that can have devastating consequences to those who operate them.
According to the National Highway Traffic Safety Administration, there were 4,985 motorcycle accident fatalities in 2018 throughout the United States. On a local level, the California Office of Traffic Safety reported that of the same year, 488 riders in the state lost their lives in motorcycle collisions. Sadly, the reported figures are not representative of the total destruction motorcycle accidents can cause. Although not every motorcycle accident will result in a fatality, a majority of accidents will have catastrophic consequences, often leaving riders engulfed in a lifetime of despair and anguish.
Defend Your Rights As an Injured Motorcycle Rider
While there are infinite causes of motorcycle accidents, when the accident has been caused by another’s careless actions, the ability to recover compensation may be possible. Based on the state’s personal injury laws, motorcycle accident victims can pursue a claim against the party that caused the accident for monetary damages. Depending on the case, this endeavor may not be entirely straightforward. After an accident, discuss your legal options with a skilled personal injury attorney.
The Law Offices of Attorney Justin H. King is strikingly experienced in the field of motorcycle accident cases. For more than a decade, the firm has specialized in defending the rights of those who have been injured as a result of another’s negligence. Through their unwavering passion, the attorneys at the Law Offices of Attorney Justin H. King have successfully represented hundreds of motorcycle victims, victoriously helping them secure the compensation they deserved. If you were injured in a motorcycle accident, allow an accomplished law firm to advocate on your behalf. Consider scheduling a free consultation with the attorneys at the Law Offices of Attorney King today.
Motorcycle Accidents – Common Causes
There are many potential causes of motorcycle accidents, including reasons why these types of collisions lead to a high probability of serious injury or death. Common causes of motorcycle accidents can include the following: Defective motorcycle parts, An ill-designed road, An unmaintained or deteriorated road, Roads that are under construction, Loose gravel placed on the road, Metal plates that have been placed on the ground, Tailgating the motorcyclist, Road rage or aggressive driving, Vehicles that merge into the lane without first checking for cyclists, or a collision with an ill-placed object on the road, such as a posted street sign or curb.
Injuries Typically Suffered By Motorcycle Accident Victims
Motorcycle riders run the risk of injuries that are quite often unique to motorcycle accidents. Riders are not usually equipped with sufficient bodily protection and when an accident happens, they can easily sustain very serious injuries. Some of these injuries may include: Broken bones, Road rash, Neck injuries, Traumatic head injuries, Joint breakage, particularly in the pelvis, shoulder, hip, elbow, fingers, or wrists, Nerve damage, Spinal cord injuries, Scarring, Facial disfigurement, Internal bleeding, Organ damage, and/or amputations or loss of limbs.
Damages Available in a Motorcycle Accident Claim
The monetary damages available in a motorcycle accident can include out-of-pocket expenses accumulated by the victim but they can also include intangible damages, such the physical and emotional trauma. Furthermore, additional damages may be available to the victim’s representatives in the event that the victim perished as a result of the accident.
In a majority of motorcycle accident claims, the victim can pursue compensation for the following damages: Past and present medical expenses, such as hospital bills, medical supplies, and medication; The cost of physical therapy or rehabilitation; The loss of wages while in recovery; In case of a permanent disability, the loss of earning capacity; When the victim has passed, the loss of companionship; Loss of limbs or permanent disfigurement; Scarring; Emotions distress and/or trauma; Pain and suffering, If the victim is deceased, funeral and burial expenses.
Establishing Liability in a Motorcycle Accident
Based on the state’s personal injury laws, when a careless party causes an accident through negligent actions, the at-fault party can be held financially accountable for the injuries caused by the accident. To have a successful motorcycle accident claim, the following elements establishing negligence must be demonstrated:
- The at-fault driver had a responsibility to obey traffic laws and operate the vehicle in a reasonably safe manner;
- By committing negligent actions, the at-fault driver failed to adhere to his or her duty to drive safely; and
- The actions committed were a substantial factor in causing the victim’s damages.
California’s Pure Comparative Negligence Law
Motorcyclists are particularly vulnerable to facing blame for causing the accident even when the accusations are made without merit. This is because riders generally have a bad reputation in causing trouble on the road. When filing a case against a careless driver, the at-fault driver has a greater incentive to rebut the claims made against him or her as a result of California’s pure comparative negligence law.
In theory, all parties involved in the accident share responsibility for causing the accident. If the at-fault driver holds most of the responsibility in causing the accident, he or she can significantly reduce the amount of damages awarded to the injured party by demonstrating that the injured party is also to blame for the accident. Ultimately, it is up to the jury in the case to apportion liability and damages. If the victim has been found partially at-fault for the accident, his or her compensation will be reduced by the amount found to be liable.
Third-Party Liability in Motorcycle Accidents
Not all motorcycle accidents are caused by other drivers. Instead, some accidents can be caused by inherent defects in the motorcycle. Based on California’s products liability laws, those who have manufactured, sold, or designed the defective motorcycle part can be held accountable for the victim’s damages.
In a products liability case, the injured victim will be tasked with establishing the following:
- The at-fault party designed, distributed, manufactured, or sold the defective product;
- The product was defective when it left the party’s possession;
- The victim utilized the defective product in a foreseeable manner;
- Finally, the victim suffered damages as a consequence of the product defect.
Motorcycle accident cases based on product defects can include custom parts, custom motorcycles, mass-market products, and aftermarket parts. When a part was not specifically designed for a motorcycle, the manufacturer can still be held accountable for failing to warn users of the potential risks of using the part.
Motorcycle Accident Injuries Require Fair Compensation – Speak to a Qualified Attorney Today
Even with their inherent risks, motorcycles continue to be a favored method of transportation for many Californians. Today, the State of California is among the top states in the nation with the highest number of registered riders. Sadly, as popular as they are, motorcycles often lead to devastating injuries when involved in a traffic accident.
When a motorcyclist suffers an accident, the injuries he or she sustains can lead to long-lasting physical pain, trauma, and financial difficulty. Consequently, when the accident has been caused as a result of the negligence of another party, it is critically important that the victim seek the monetary compensation deserved. Following a motorcycle accident, speak to a well-versed attorney who will defend your right to a maximum compensation.
The proficient litigators at the Law Offices of Attorney Justin H. King are well-versed in complex motorcycle accidents. The firm has an established reputation of successfully helping injured victims secure the compensation they need to get their lives back on track. If you or have been injured in a motorcycle accident, obtaining the legal support of an exceptionally qualified law firm can help you secure the monetary compensation you truly deserve. Consider scheduling a free, no-obligation consultation with the Law Offices of Attorney Justin H. King today.