How to Prove Negligence After a California Motorcycle Accident
Motorcycle accidents can be physically, emotionally, and financially devastating for victims. While victims have the legal right to file an accident claim, they must prove that the other driver acted negligently to receive compensation for their losses. In other words, they must establish that the other party’s actions caused the accident and subsequent injuries.
Proving negligence following a collision can be legally complex. If you have suffered an injury in a motorcycle accident in California, it is essential to have a seasoned legal expert in your corner. Your attorney will work with you to understand every detail of your case to build the strongest claim possible on your behalf.
Proving Negligence After a Motorcycle Crash
In order for your claim to be successful, you must establish that the other driver violated the duty of care they owe to other drivers on the road. Since motorcycles are smaller and offer fewer safety features than other motor vehicles, an accident can result in severe injuries or fatalities. Some examples of negligent behavior in motorcycle accidents include:
- Texting while driving
- Driving under the influence of drugs or alcohol
- Aggressive driving or road rage
- Speeding, running red lights, and other traffic law violations
- Drowsy driving
- Illegal or unsafe lane changes
- Drivers failing to check their surroundings for motorcyclists
This is by no means an exhaustive list, and other elements of negligence may have been at play in your unique situation. In fact, sometimes accidents are caused by manufacturer negligence, which can cause your bike to malfunction. Collecting evidence from the accident scene can be essential for proving negligence. If you are able, take photos of your injuries, your motorcycle, the other vehicle, or anything you think may be relevant to the accident. Contact information from any witnesses to the accident can also be helpful as your lawyer builds your case.
What Is Comparative Negligence in California?
In California, you can still file an accident claim even if you were partially responsible for the accident. This is known as the rule of comparative negligence. California follows a pure comparative negligence standard, meaning you are eligible to file a claim for damages even if you were 99% responsible for the accident.
It is important to note that the percentage of fault will determine your claim’s value. For example, if the other driver was texting and driving and found 100% responsible for the accident, you will be able to recover 100% of the damages. However, if you saw the driver coming and did not avoid the accident, you may be found partially at fault. If you were 20% responsible for the accident for not avoiding it, you would only be able to recover 80% of the claim’s worth in damages.
The issue of negligence makes hiring an experienced motorcycle accident attorney absolutely critical. Your attorney will conduct a comprehensive investigation into your claim to ensure the negligent party is held fully accountable for the losses you have suffered.
Partner With a Trusted Motorcycle Accident Attorney Today
If you have been injured in a motorcycle crash, you should not be forced to foot the bill for your own recovery. At Eric Ratinoff Law Corp., our lawyers have nearly 30 years of experience helping clients like you achieve favorable outcomes for their claims. Attorney Eric Ratinoff has been named a Northern California Super Lawyer for over ten consecutive years and is featured on the list of Top 100 Lawyers in The National Trial Lawyers. Our firm works on a contingency fee basis, meaning we do not charge until you get the justice you deserve. Call us today at (916) 970-9100 or fill out our contact form today to schedule a free, no-obligation consultation with one of our seasoned legal professionals.