Establishing Fault in California Motorcycle Accidents
In California, motorcyclists have the same rights and responsibilities as other vehicle drivers. Despite this, some laws differ for riders versus drivers. California law acknowledges that motorcycles are much smaller than most motor vehicles and are therefore more vulnerable. Consequently, the law allows riders to drive in ways most drivers cannot, such as lane splitting and lane sharing. Sadly, these driving practices can lead to catastrophic consequences. If you or a loved one was harmed in a motorcycle traffic accident, seek the guidance of a qualified attorney who can help you obtain the necessary compensation. The dedicated Inland Empire attorneys at the Knez Law Group, LLP can provide the legal assistance you need.
With over five decades of collective legal experience, the personal injury litigators at the Knez Law Group, LLP have successfully represented motorcycle accident victims. Motorcycle accident cases are some of the most difficult cases to pursue after a traffic accident, particularly because riders often face stereotypes and bias. Aware of these challenges, the personal injury litigators at the Knez Law Group, LLP are aggressive in their representation, ensuring their clients receive maximum compensation for their injuries. To schedule a free consultation with the firm, consider calling (951) 742-7681 or fill out the confidential contact form here.
Comparative Fault in Motorcycle Accident Cases
In California, when riders are injured in an accident, they can pursue recovery from the responsible party through a motorcycle accident claim. In most claims, however, all parties involved share responsibility for the accident. For instance, if the motorcyclist made an unlawful left turn when the accident occurred, but the other driver was under the influence, both drivers will share blame for the accident. In these cases, the court will assign a percentage of fault to each party. This is formally referred to as comparative fault.
Based on California’s Civil Code §1431-1431.5, accident victims can recover damages even when found partially liable for the accident. Instead of recovering a full damages award, however, the damages award will be reduced by the percentage the motorcyclist is found to be responsible.
Percentage of Fault in Motorcycle Accident Cases
California courts will take fault into consideration when deciding who is liable for the accident. Therefore, riders have the same burden of proof as other drivers in personal injury claims. Because of the inherent dangers of operating a motorcycle, however, riders may face additional challenges in court. Practices such as lane sharing or riding without the use of a helmet can work against riders in court. Even when riders act within traffic laws, the court can find them partially accountable for the accident. Whether riders were operating their vehicle in a “safe and prudent” manner is a matter that is open to interpretation by court judges and police officers.
Obtain the Legal Guidance and Representation of a Skilled Motorcycle Accident Attorney
California’s motorcycle laws and percentage of fault rules make it critically important for riders to seek an experienced motorcycle accident attorney. Proving that the other driver was more at fault for the accident may be the only way to obtain the compensation needed to cover medical care costs, loss of wages, and other monetary losses associated with the accident. A skilled personal injury attorney can demonstrate in a court that the other driver was more responsible for the accident.
The dedicated accident litigators at the Knez Law Group, LLP are exceptionally qualified in handling challenging motorcycle accident cases. For more than five decades, the firm has advocated for those harmed as a result of another’s wrongdoings, including motorcycle accidents. If you or a loved one was harmed in a motorcycle traffic accident, you can receive a complimentary case evaluation today by dialing (951) 742-7681.
Matthew J. Knez graduated from the University of Redlands in California where he earned a Bachelor of Arts degree in Creative Writing. He went on to pursue his Law Degree at the University of LaVerne, College of Law in Ontario, California. While pursuing his law degree he earned various awards, including CALI Award in Torts and he was on the Dean’s List. Mr. Knez was also a member of the Justice and Immigration Clinic where he worked with people seeking asylum into the United States from countries where they had experienced persecution or threat of persecution. Additionally, Mr. Knez was a member of Law Review where he was an Associate Editor and published a Law Review article on California family custody move-away cases.