Comparative Negligence in Motorcycle Accident Cases
The National Highway Traffic Safety Administration has recently reported that the State of California is among the top states to have registered motorcycle drivers. Unfortunately, motorcycle accidents are common and these can usually have catastrophic consequences. The agency also reports that motorcycle casualties are approximately 27 times more likely to occur than deaths in all other forms of automobile accidents.
Motorcyclists often endure a widespread danger while on the road. Riders usually face careless drivers, defective roads, and defective motorcycle parts, all of which can lead to a serious accident. Nonetheless, motorcycle riders are often portrayed as careless drivers and when an accident occurs, comparative negligence is usually alleged.
If you were injured while riding a motorcycle, and you are being completely or partially blamed for the accident, you need to contact the legal support of a law firm who understands the challenges and difficulties that could arise from a comparative negligence case.
Understanding Comparative Negligence in the State of California
The State of California follows the pure comparative negligence theory, which states that all parties involved in an accident can be found responsible in causing the accident. The theory is flexible, and allows a jury to consider and evaluate the facts of each case in order to determine responsibility. The goal is to ensure that the allocation of damages is properly appointed.
In most motorcycle accidents, comparative negligence is usually an issue because of the unfounded negative stereotypes that are commonly associated with motorcycle riders. Many people tend to believe that motorcyclists tend to take unnecessary risks, and a result, will be at-fault for an accident. Regrettably, a majority of insurance companies will use these unfair stereotypes to limit motorcycle accident liability claims.
The Importance of Obtaining a Full Restitution Following a Motorcycle Accident
Motorcyclists are not equipped with the same shields and safeguards that other drivers depend on when involved in an accident. When a motorcyclists is involved in an accident, even the simplest accident can lead to: A spinal cord injury, Traumatic brain injury, Paralysis, Crushed limbs, Amputations, Serious burns, Deep cuts and abrasions, Internal bleeding, Organ damage, or Death.
The Centers for Disease Control and Prevention has stated that a motorcyclist can drastically prevent serious head injuries by wearing a properly fitted helmet. Even so, a motorcyclist is exposed to a great deal of injury when involved in an accident.
Any injury can lead to a lifetime of medical treatment. Motorcyclists who have experienced an injury as a result of an accident caused by another’s negligence should not have to worry about paying their medical expenses. Even when found partially responsible for the accident through comparative negligence, an injured rider may still be able to recover a percentage of the amount of compensation owed.
Following a Motorcycle Accident, Seek a Full Recovery for Your Injuries
The medical expenses associated with motorcycle accidents can be staggering. If you were involved in an accident while riding your motorcycle, you will need the support of a skilled personal injury attorney who will defend your case and help you obtain the maximum amount of compensation available. When it comes to motorcycle accidents, time is of the essence. Contact the support of a knowledgeable law firm before the statute of limitations on your case has expired.
The attorneys at the Knez Law Group, LLP have built a strong reputation for vigorously defending the rights of motorcycle riders who have been involved in a traffic accident. If you have been injured in an accident, you have a right to pursue legal action against the at-fault party. Obtain the support of a qualified law firm that can help you obtain the compensation you are owed. Consider contacting the attorneys at the Knez Law Group, LLP today.
For over forty-three years, Fred Knez has been representing individuals and corporations in serious personal injury and business litigation, both as a plaintiff and defendant. Following his service in the Army during the Vietnam War as a medic and medical laboratory technician, Fred attended the University of Colorado. He then worked as an insurance adjuster for Allstate Insurance and as a private investigator before graduating from law school. Fred was admitted to practice law in California in 1980, the U.S. District Court in 1981, the Ninth Circuit U.S. Court of Appeals in 1983, and the U.S. Supreme Court in 1984. Learn more here.