Bakersfield Motorcycle Accident Lawyer
Dealing with a motorcycle accident can be more difficult than a car accident for multiple reasons. First, motorcyclists have less physical protection than drivers, so they are more likely to suffer serious injuries during a crash. Motorcyclists also face bias from those who assume that they are irresponsible and at fault for their accident. Working with our Bakersfield motorcycle accident lawyer can help overcome this bias and get the best possible outcome in your case. Reach out to our personal injury lawyer to discuss your legal options.
Who Is Liable for a Motorcycle Crash?
California uses an at-fault vehicle insurance system, which means the insurance policy of the driver who was responsible pays the medical bills and other expenses for anyone who was injured in the accident. Most motorcycle accident claims are settled between the injured motorcyclist and the other driver’s insurance company without going to court. However, this process often requires some negotiation, so hiring our motorcycle accident attorneys in Bakersfield is still helpful. If the insurance company does not provide a fair settlement, the motorcycle rider can opt to sue.
Courts in California use a pure comparative fault system for awarding damages. This means the court will determine how responsible each person involved in the accident was as a percentage. The injured person’s compensation would then be reduced by their percentage of liability. For example, if a driver was found to be 80% responsible and a motorcyclist to be 20% and the motorcyclist had $100,000 in damages, they would receive $80,000. There are no limits on how much responsibility a person could have while still receiving damages. In theory, a motorcyclist with 95% responsibility and $100,000 in damages could receive $5,000. This can become especially complicated when both parties are injured and potentially eligible for damages.
Compensation After a Motorcycle Accident
If the other driver is responsible for the accident, whether partially or fully, the injured motorcyclist could receive both economic and non-economic damages. Economic damages are intended to reimburse specific costs like medical bills or lost wages. If the accident caused a long-term disability, this could also include lost future wages and ongoing medical expenses. Non-economic damages are intended to compensate for more abstract losses like pain and suffering or emotional distress.
What Motorcycle Laws Could Affect an Accident Claim?
Legal responsibility for an accident is not always clear-cut, but looking at whether each driver involved was following the rules of the road can be a good place to start. The court and insurance companies might see compliance or non-compliance with motorcycle-specific laws as signs of whether a motorcyclist was at fault for an accident. For example, California requires all motorcyclists and their passengers to wear helmets. Riding without a helmet could make getting compensation after an accident more difficult.
Lane splitting, when a motorcyclist rides between two lanes of car traffic, is another issue that could come up. While lane splitting is legal as long as motorcycle riders do it cautiously, many people see it as a dangerous practice. This can make getting compensation after a lane splitting accident more difficult even if the motorcyclist was not at fault. Our Bakersfield attorney could fight against false accusations of a motorcyclist breaking the law before an accident.
Discuss Your Case With a Bakersfield Motorcycle Accident Attorney Now
A motorcycle accident can be overwhelming and leave you with major medical bills. Our Bakersfield motorcycle accident lawyers can help you navigate your options and increase the chance of a successful outcome. Discuss your case with Levin & Nalbandyan Trial Lawyers today.
