While driving a car is fun for some people, there are others who are fascinated with motorcycles, because of how effortless it is to drive one. However, with the ease and simplicity comes some level of unease. Unlike cars that have covers and seat belts, motorcycles have far fewer safety features. This is why many auto experts feel motorcycles are more dangerous than cars.
Not only are the riders exposed to the probability of accidents, but motorcycles in the hands of a bad driver can be a flight risk to pedestrians. To ensure that motorcycle accidents are reduced, drivers are required to be certified, and their motorcycles are expected to be in the best condition at all times. A lot of people worry about what will happen to them if they are hit by a motorcycle in California.
This article details the important things you should know about motorcycle accidents in California. It also provides you with the details on possible legal steps that can be taken, how to establish your case, and tips that can increase your chances of winning.
The Prevalence of Motorcycle Accidents in California
It is concerning that more motorcycle accidents are being reported in California than many years ago. In 2022, more than 10,597 motorcycle accidents were recorded. Not only are these accidents increasing, but more people are being injured, and others are dying in the process.
The National Highway Traffic Safety Administration (NHTSA), notes that about 80 percent of motorcycle accidents always result in serious injuries or fatalities, which is way above that of car accidents, which is at 20 percent. It is punitive and pressing with random road users at the time being victims as well.
How Can One Establish Rider Negligence in a Motorcycle Accident?
As a pedestrian hit by a motorcycle, one way to establish your case against the rider is to demonstrate that there was negligence on their part because California is a “tort” state. A personal injury case that does not indicate negligence is not permissible. To prove that the motorcyclist was negligent, you must show that they were riding carelessly, under the influence, or had their motorcycles in a poor state at the time of the accident.
Pictures and videos of the accident scene can be used to prove that their careless cycling was liable for the accident. Medical tests on the driver and expert analysis of the motorcycle are ways to establish the rider was either riding under the influence of a drug or alcohol or that their motorcycle lacked proper maintenance. When you have these details, you can use them to strengthen your personal injury case against the motorcycle owner.
What is Needed to Win Motorcycle Accident Cases in California?
When hit by a motorcycle, the goal is always to receive compensation for the damages suffered as a result of the crash. Considering how tricky cases of this nature can be, obtaining assistance from a personal injury attorney who specializes in motorcycle accidents may be imperative.
With an attorney knowledgeable of cases like this, you can have them negotiate for you if there is a request for an out-of-court settlement. Also, where the case proceeds to trial, they can help to present evidence in support of your claim and increase your chance of getting compensation that is proportionate to damages suffered.
Conclusion
While motorcycle accidents are increasing in California, few people are receiving the compensation they deserve for injuries and sometimes the death of a loved one. “There are motorcyclists who get away with these accidents because some victims were unable to provide evidence that exhibits negligence,” says motorcycle accident attorney Rusty Levin.
To avoid being a victim without getting the requisite compensation, understanding how motorcycle accident claims go is key, and you may want to speak to a lawyer to help you with that.
Don’t miss the latest updates and alerts visit: Internal Insider!
