Who Is Liable In A Motorcycle Accident?
You see those gangs of older men who ride Harley Davidson motorcycles all the time. They often show their manliness and surliness by not wearing helmets. These motorcyclists may look invincible and buff, but the fact is they are not. Motorcycle accidents are unfortunately very commonplace, especially in California. If you are ever involved in an accident with a motorist, hire a good personal injury lawyer to help represent you in court. It would also help if you know the information discussed in this article.
What risks do motorcyclists pose on the road?
Personal injury lawyers in Porterville know that motorcyclists are among the riskiest motorists on the road. They have represented far too many of them (motorcyclists) in the past. Motorcyclists are more likely to get into bad accidents than regular drivers because the vehicles that they drive are smaller and flimsier. Some road hazards present deadly risks to motorcyclists. These include road debris, rough surfaces, and wet surfaces. In fact, the following road conditions are the leading causes of motorcycle accidents:
● Rough road surfaces like potholes
● Edge breaks in the road
● Swerving to avoid hitting animals
● Slick surfaces
● Rainwater and standing water
Overestimating skills and ability
Motorcyclists have to be better skilled at and better able to drive than the average motorist because of the risky nature of the vehicles that they drive. This can give them overconfidence that can cause them to underestimate their real skills and abilities in warding off adverse road conditions. This also causes motorcyclists to engage in reckless and even risky driving.
How motorcyclists can stay safe
Your personal injury lawyer will tell you that motorcyclists who engage in the following behaviors run much less of a risk of being involved in dangerous or fatal road accidents:
● Completing professional training courses
● Being aware of and heeding road hazards
● Regularly and properly maintaining their motorcycles
● Carefully sharing lanes
● Holding the appropriate motorcycle license
● Wearing protective clothing and a helmet
Personal injury lawyers know that California uses negligence to determine the guilty party. Generally, the person driving the car (4 wheels) is guilty. However, the state can use comparative negligence if both parties are found to be at fault! Of course, the amount the motorcyclist can receive in damages will be reduced by his or her percentage of fault.
Be careful when sharing the road with motorcyclists. You can indeed win a case in court against a motorcyclist if he or she was at fault. This is especially true, if you hire good legal counsel. However, if you are aware of the information discussed in an article, your risk of being involved in an accident with a motorcyclist is greatly reduced!