Newport Beach Motorcycle Accident Lawyer

California’s numerous roadways provide a variety of environments for riders to get outside and enjoy their bikes. One problem that has consistently plagued motorcyclists, however, is just how exposed and unprotected they are while riding.

Anything from a low-speed collision to a high-speed accident has the likely potential to result in severe physical and psychological damage for a rider. If you were injured in an accident, you should consult with a Newport Beach motorcycle accident lawyer. Depending on your case, you may have legal rights which a personal injury attorney could help you pursue against the driver who harmed you.

At-Fault Laws

Typically, a state has one of two statutory schemes set up when it comes to motor vehicle accidents. These two systems are referred to as a “no-fault” or “at-fault”. In a no-fault state, the two drivers in an accident will seek compensation from their damages from their own insurance companies. In an at-fault state, there needs to be a determination as to which motorist was responsible for the accident, and then that driver and their insurance company can be sued for the other party’s damages.

California is an at-fault state, meaning that a Newport Beach motorcycle accident attorney would have to prove the other driver’s fault for the plaintiff to recover financial compensation.

Determining Negligence

Under California Civil Code §1714, the law establishes that every person is responsible not just for their willful acts, but also for injuries caused to another due to their lack of ordinary skill or care in the management of their property or person. This claim is referred to as negligence, and typically, it is the allegation a motorcyclist raises against the defendant to try and prove they were responsible for the incident.

In a typical negligence claim, a motorcycle accident lawyer from Newport Beach could work to show the court that these four elements were present:

  • The defendant had a duty to the plaintiff
  • The defendant breached this duty
  • The breach caused the injury
  • The plaintiff suffered actual damages as a result

Lane Splitting Laws

A significant number of states in the United States expressly outlaw what is referred to as lane splitting. Lane splitting is when motorcyclists ride their bike between lanes of slow or stopped traffic. Because so many states did not permit this type of driving, this was a popular defense for defendants to raise to try and prove they were not at-fault.

For many years, California was one of the few states that had laws that permitted riders to do this maneuver. Today, California no longer expressly permits this type of riding; however, it has not forbidden it either. According to the State of California Department of Motor Vehicles, lane splitting is neither allowed or permitted. Because these rules are likely to cause more uncertainty than previously existed, a plaintiff whose case involves lane splitting should consult with a Newport Beach motorcycle accident attorney because this could impact any monetary award they stand to receive.

Call a Newport Beach Motorcycle Accident Attorney Today

If you are injured from a bike collision, you may have gone to the emergency room or are continuing to undergo medical treatments and rehabilitation. All these medical expenditures quickly add up.

Depending on your case, after consulting with a Newport Beach motorcycle accident lawyer, you may be able to file a lawsuit to pursue your damages. So, call today and see how you may achieve a favorable resolution to your situation.