Anaheim Motorcycle Accident Lawyer

Riding a motorcycle is an exhilarating experience. Not only does it provide a sense of freedom on the road, but with the Los Angeles area’s heavy traffic, it can be a far quicker way to get to where you are going.Unfortunately, bikers place themselves in a vulnerable position. The very nature of riding a bike takes away the steel cage that usually protects other drivers in an accident.

As a result, bikers who are involved in collisions are prone to suffer severe injuries. But just as the law protects drivers of cars and SUVs, motorcyclists are also protected against other people’s carelessness.

Anaheim motorcycle accident lawyers understand the potential injuries that can result from other people’s negligence. An adept personal injury attorney can fight to protect your rights and can fight to obtain fair compensation for you.

California Laws Governing Motorcycles

There is no statute in California that specifically states that a person injured in a motorcycle accident has any rights against the at-fault party. Instead, attorneys must turn to the common law. The common law is a collection of court decisions that are combined to form the body of law. By examining these decisions, a Anaheim motorcycle accident lawyer can gain an understanding of the law. Courts have identified the common law tort of negligence to allow people injured in accidents to sue the at-fault party for damages.

How Does Negligence Factor into a Claim?

In short, negligence is when a person has a legal responsibility to protect another person. When a person fails in that responsibility, and the protected person is injured, the person carrying the responsibility is legally liable. All drivers of all vehicles have a responsibility, or duty, to care for the well-being of others.

This extends to other drivers, passengers, and yes, motorcyclists. Even though bikers choose to place themselves into a vulnerable position, it is still the responsibility of the other drivers to avoid causing them harm.

Breach of Duty of Care

This responsibility can be broken by taking an action. Speeding, tail-gaiting, or texting while driving are all examples of actions that a driver can take that would breach the duty of care. Alternatively, a breach can occur when a driver fails to do something. Examples here are failing to stop at a red light, or not signaling before changing lanes. When this breach of the duty of care results in injuries, the at-fault driver is responsible to pay for all damages. These can include medical bills and ambulance trips, but also lost wages and mental anguish.

Is There a Time Limit to File?

People should also be aware that there is a limited time after the accident to file a claim. CA Code of Civil Procedure 335.1 states that all plaintiffs in cases alleging negligence must begin their court case no more than two years after the date of the accident. This is known as the statute of limitations, and if this rule is broken, the plaintiff will have no way to recover any damages from the defendant. An Anaheim motorcycle accident attorney can help individuals file their claims within the allotted time frame.

 Role of An Anaheim Motorcycle Accident Attorney

Being involved in a motorcycle accident can result in severe injuries for the rider. It is not uncommon for the rider to be thrown from the bike, resulting in harsh road burns, broken bones, or dislocated joints.

While a person’s focus should be on making a recovery, the defendant’s insurance company is asking for mountains of paperwork and signed statements in an attempt to pass the blame onto the biker or to minimize the rider’s injuries.

An Anaheim motorcycle accident lawyer can work to protect your interests against aggressive insurance companies. Your attorney can handle all of the required paperwork, gather all of the evidence, and submit detailed demand packages to negotiate from a position of strength. Using this method, most cases settle for fair amounts without having to go to trial. Take a positive step to protect your rights as a motorcyclist, contact a lawyer today.