Due to driving in the open air, motorcyclists are susceptible to more accidents than drivers in enclosed vehicles. Often, these accidents can be catastrophic and fatal. 80 percent of motorcycle accidents result in injuries to the biker. Estimates indicate that approximately 50,000 bikers and their passengers are injured annually in the United States—not counting overseas. Out of these 50,000, 3,000 will perish. Moreover, those that do survive may incur crippling injuries.
If your loved one or you have endured serious injury or death due to a motorcycle mishap, it is wise to seek compensation with the help of a qualified motorcycle accident attorney. We at Ledger and Associates are one such law firm who specialize in such incidents. Key to your case is proving that the other individual was at fault and was responsible for causing the crash.
For example, the burden of proof that we will pursue involves inculcating the other driver for speeding, drunk driving, recklessness, neglect of road conditions and signs, and acting negligent in general. We, as your attorneys, will try to prove the other party liable so you can collect compensation.
Be aware, however, of California law before you pursue your case. Before you attempt to prove the other person liable, you should know that all motorcyclists must wear helmets. That is the absolute law. It must be a helmet approved by a government agency who establishes that it meets safety standard. Although it is beyond the scope of this article, be prudent when buying your helmet. Novelty helmets will not fill the bill. They must be official.
In addition, although it is not recommended, lane sharing is legal according to California law. This means that bikers are allowed to ride in between lanes in order to pass cars and trucks. In the past, stipulations existed discriminating what was safe and unsafe lane sharing in the CHP guide, but that section has since been removed. Now, they state that you merely must share lanes an a safe and prudent manner. This means that if you are not riding faster than 35 miles per hour, you should not be riding 15-20 miles an hour faster than the traffic you are attempting to pass. The Advocate Law Group argues against the fact that line sharing is not safe. It claims it is simpler for a motorcyclist to get through a traffic jam by lane sharing than just sitting there at a standstill. It continues to state that because of the vulnerability of the open air motorcycle, he or she is more liable to get rear-ended remaining in traffic rather than forging ahead by lane sharing.
Although the fatality statistics are daunting, motorcyclist enthusiasts abound. There is an attraction of the open road and the wind whipping by you. There is a sense of freedom that you feel. However, note that motorcycle accidents commonly result in serious injury and death. Motorcycle accidents casualties are, for instance, 26 more times likely to perish in an accident than drivers of other vehicles. After all, it is you and the road and you are hard to see by other drivers. In addition, drivers are not educated and are unaware of how to drive when encountering a motorcycle. They tend to be negligent. And when they are negligent, you may collect on your accident and injuries.
Not only other drivers, but highway officials may also be found negligent if unsafe road conditions exist. Also, when a defective part caused the accident, the motorcycle manufacturer or auto manufacturer may be liable. We at Ledger and Associates take all the above into account when we take on your case. Call us at 1-800-300-0001 for a free consultation.
