Motorcycle Accident Attorney Explains Negligence

By January 8, 2011 January 10th, 2018 Motorcycle Accident Lawyer

California is one of the most beautiful states in America for bikers. Whether you live near the ocean or nestled in some of the state’s scenic mountains you are never without the perfect place to ride. Additionally, with warm temperatures most of the year riding a motorcycle can be the perfect way to commute without paying a fortune for gas. Being an avid biker, however, has its disadvantages as well – primarily the chance of being involved in an accident and the likelihood of suffering a serious injury if you are involved in an accident. Although motorcycles in California only represent about two percent of all registered vehicles, they are involved in almost six percent of all accidents. The reason for this remains the same as it was twenty years ago despite efforts to educate other motorists about the presence of motorcycles – other motorists simply are not looking for motorcycles and therefore often do not see them until it is too late to prevent a collision. If you have been involved in a motorcycle accident in California, you may be entitled to compensation for your injuries if the other driver (or drivers) was negligent.

So how do I know if the other driver was negligent? Negligence is a legal term that is roughly the equivalent of fault, blame or responsibility. Negligence requires you to prove four basic elements – duty of care, breach of duty, causation and damages. Again, those are legal terms. The duty of care basically requires that you prove that the defendant (other driver) was required to use reasonable care to prevent injury to you under the circumstances. As a rule, courts have determined that ANY driver on the road has a duty of care to other drivers on the road.

The breach of the duty of care may be the most important element in a motorcycle accident. As the victim, you must prove that the defendant did not use the required care to prevent injuries. Simply showing that you were injured does not prove the breach element. By the same token the defendant’s claim that he “didn’t see you” will not release him from the duty of care. In fact, if the defendant admits that he didn’t see you then he may have breached the duty of care simply by his lack of observation. Causation, as the name implies requires you to prove that the defendant’s breach was the cause of your injuries. Damages is another legal term that refers to injuries. You must prove that you were injured as a result of the defendant’s negligence.

Only a trained and experienced California motorcycle accident attorney can evaluate your case and tell you whether your circumstances meet all the elements required to prove negligence. If your case does have all the elements then you may be entitled to compensation for the injuries you have suffered.

Please contact the motorcycle accident attorneys at Ledger & Associates for a free and detailed evaluation of your potential motorcycle accident injury case at 1-800-300-0001 or visit the firm’s website for more information at www.ledgerlaw.com.