Proving Liability in a California Motorcycle Accident
Riding a motorcycle is inherently dangerous. Despite this, millions of Californians enjoy riding their bikes every day. Sadly, thousands of motorcyclists are injured each day in accidents that could have been prevented. Many of these accidents are caused by defective parts or defective motorcycle designs. When serious injuries or death is caused by defective motorcycles, the party responsible for the defect can be held liable for the victim’s damages. When injured in such an accident, contact the support of a well-versed personal injury attorney. The proficient attorneys at the Knez Law Group, LLP can provide you the representation you deserve.
Establishing Fault After an Accident
Proving fault in motorcycle accidents, as well as auto-accidents, considers the drivers and other vehicles involved, and requires the victim to establish that one or more of the other drivers failed to exercise reasonable care in driving the vehicle, keeping a look out for pedestrians, obstacles, and other vehicles. People must control the speed and movement of their vehicle. The failure to use reasonable care in the operation of the vehicle is negligence. Even if a minor is lawfully driving a vehicle, the age of the minor will not excuse a failure to exercise reasonable care. Even drivers with disabilities are required to use reasonable care. The duty of a person to use reasonable care does not only extend to other drivers, but to pedestrians as well. To establish that another driver was negligent, the victim will have to demonstrate that the other driver failed to use reasonable care, and that such failure was a substantial factor in causing the accident. Evidence will typically include pictures of the vehicles and scene, traffic camera videos, testimony of the party’s and witnesses, collision reports, medical records, expert accident reconstruction and expert testimony. In multi-vehicle accidents, there could be multiple drivers that contributed to the accident.
Though motorcycle accidents can be caused by motorist negligence, they can also be caused by defective parts on the motorcycle. In such a case, there may be additional claims based on product and/or design defect. Defects in the motorcycles can be in the motorcycle’s design, at the manufacturing stage, including the manufacturing of parts, or during the assembly. When a defect occurs in a vehicle, the defect can increase the risk of a serious accident. Usually, defective motorcycles are recalled for their poor design. When the defect occurs when the bike is being assembled, this usually means that the manufacturing company used low-quality material to assemble the motorcycle. These defects can typically lead to a malfunction in the motorcycles, which may lead to an accident.
When a defective motorcycle part or design has caused an accident, establishing fault can be very difficult. This is in great part due to the fact that there may be multiple parties at fault. Establishing fault after a motorcycle accident will require a complete investigation in order to fully understand the circumstances that led to the accident. This can involve reviewing video surveillance footage, interviewing witnesses, reviewing police reports, and determining if there was more than one party responsible for the accident. When investigating a motorcycle accident caused by a defect, it is also very important to review any recall lists that could help determine whether the manufacturing company knew about the defects and if the company took steps to repair these defects. When investigating the defect claim, an expert will need to conduct an examination of the vehicle and certain testing.
Schedule a Complimentary Case Evaluation Today
If you were recently involved in a motorcycle accident and have reason to believe that it was caused by another driver or a defect in the bike’s design or vehicle part, it is important to have legal representation right away. The Knez Law Group, LLP proudly serves injured clients throughout Southern California. The firm understands that these accidents can be very serious, and they usually result in a lifetime of hardships. Motorcycle accidents frequently result in catastrophic injuries that can lead to a lifetime of medical costs, pain and suffering, disability, and economic hardship for the victim and the families. Consider scheduling a no-obligation consultation with the law firm today.
To schedule a free case evaluation with the firm, consider calling (951) 742-7681 today.
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.