Garden Grove Motorcycle Accident Lawyer

The aftermath of a motorcycle accident can be stressful for both the accident victim and their family. A motorcycle accident can leave the victim injured with broken bones, fractures, head, neck and spine trauma, and severe bruising, among other physical and psychological damages. This can mean mounting medical bills, missed time at work and lost wages, and lost time with family and friends.

If you were injured due to another party’s negligence, you may be entitled to compensation. During your recovery, though, you should not have to deal with the stress of filing documents and negotiating with multiple parties to get compensation. Instead, a Garden Grove motorcycle accident attorney is available to help. If retained, your personal injury attorney could discuss the facts surrounding your accident and determine how much compensation you could receive.

Common Causes of Motorcycle Accidents

Some common causes of accidents involving motorcycles include but are not limited to:

  • Distracted driving
  • Using cell phones
  • Driving under the influence of drugs or alcohol
  • Speeding or aggressive driving
  • Failing to check for motorcyclists before changing lanes
  • Disobeying traffic laws such as failing to yield a right of way or stop

Failure to pay attention to road and traffic laws while driving and causing an accident, as a result, could be grounds for negligence in a personal injury lawsuit.

Negligence Laws

In order to prove negligence, the party bringing the claim generally must show that:

  • They were owed a duty of care
  • The duty of care was breached
  • The breach of the duty was the direct cause of damages or harm

When operating a vehicle, a driver has a duty of care to other drivers, including motorcyclists, pedestrians, cyclists, and any others on the road. Their duty of care is to operate the vehicle in a manner to avoid foreseeable harm to others.

A motorcyclist who was injured in a motorcycle accident because another driver failed to act dutifully could file a legal claim for negligence. If it is proven that the driver failed to provide their duty of care by acting recklessly or carelessly, the motorcyclist may be entitled to compensation.

Pure Comparative Negligence

For civil negligence cases, California law adheres to a pure comparative negligence theory. This means if a court or jury finds an individual partially at fault for causing an accident for which they are now seeking damages, they may still recover compensation. However, any damage award they received would be reduced by the percentage they were found to be at fault.

Unlike other states that recognize limited comparative negligence, California’s laws allow recovery regardless of what percentage of fault was attributed to the claimant. For instance, a person found to be 90 percent at fault for an accident could still recover 10 percent of their damage award.

The Role of a Garden Grove Motorcycle Accident Attorney

After a motorcycle accident, figuring out how to navigate the legal system and deal with insurance companies may be overwhelming. Fortunately, an experienced Garden Grove motorcycle accident lawyer is available to help you move through the claims process and pursue compensation for your injuries. If you are suffering from the consequences of being in a motorcycle accident, call today for professional legal help.