Here in the state of California, if you are involved in a single-bike motorcycle accident, that is, an accident that was not caused by another motorist’s negligence, can you be compensated for your injuries?
Is there anyone you can sue, any party that will compensate you? If you ride a motorcycle in California, or if you love someone who does, keep reading, because motorcyclists face a multitude of dangers.
Motorcyclists already know that, and they also know that motorcycling requires extra safety measures.
While you can’t stop automobile and truck drivers from driving dangerously or negligently, at least if a motorcyclist is injured by a negligent driver, that negligent driver is a flesh-and-blood person who can be found liable.
But what can a motorcyclist do if he or she crashes, gets injured, and no one else is directly involved in the crash?
If you are a motorcyclist in California, and if you are injured in a single-bike motorcycle crash, discuss your accident and injuries with an experienced Fresno personal injury attorney.
As you review what happened with an attorney, you may be able to identify parties who contributed to the accident and injury – parties who are liable and who owe you compensation.
WHO MIGHT BE LIABLE IN A SINGLE-BIKE MOTORCYCLE ACCIDENT?
Who those parties might be will hinge on a number of considerations, because every motorcycle crash has different causes and circumstances.
However, in single-bike motorcycle accidents, crash victims and their personal injury attorneys need to scrutinize and investigate these three possibilities:
– Defective equipment caused the crash, and the manufacturer has liability.
– The roadway itself caused the crash, so a government agency or contractor has liability.
– Another person contributed to the accident and has liability.
If you are injured in a single-bike motorcycle crash and your safety equipment or any part of the bike failed, your attorney should review the warranty on the motorcycle, tires, and helmet, along with any paperwork or receipts from a dealer or mechanic who may have worked on the bike.
Potential defendants in these types of cases include the bike, helmet, and parts manufacturers, the dealership, and any mechanic whose work on the bike may have been performed negligently.
WHAT IF THE ROAD ITSELF CAUSES A MOTORCYCLE CRASH?
If you are injured in a single-bike motorcycle crash because of potholes or debris in the road, large puddles of water in the road, or a poor road design, a government agency may be liable.
Government agencies are obligated to maintain safe streets and highways and safe conditions on those streets and highways. Every party involved in the design, construction and maintenance of a road is obligated to ensure that roadway’s safety under normal conditions.
In most circumstances, under a legal principle called “sovereign immunity,” local, state, and federal government entities and agencies cannot be sued for monetary damages.
The law in California, however, spells out several specific exceptions to sovereign immunity, and if you are injured because a road or highway in this state was poorly designed or maintained, the governing agency or entity has liability, and you have the right to bring a legal action.
Naturally, suing the government is more complicated than suing a private business or individual.
A California government body or state or local government agency may only be sued for damages if the entity or agency is notified in writing of the victim’s intention to sue within six months of the date of the injury.
The written notification allows the government to investigate your claim, and it also gives the government a chance to offer you an out-of-court settlement.
HOW CAN A FRESNO PERSONAL INJURY ATTORNEY HELP?
If a government agency contributed in any way to your injury in a single-bike motorcycle accident, an experienced Fresno personal injury attorney can help you draft the written notification.
If you are not offered an acceptable settlement amount, your attorney can take the government to trial and ask a jury of your peers to find the government liable for your injury and to compensate you for your damages.
Sometimes, a single-bike motorcycle crash can be caused by a private individual. If you crash into a pile of debris abandoned by someone on the road, that person can be sued. If an automobile driver deliberately forces you off the road, injuring you, and leaves the scene, that person can be sued.
Obviously, the problem is these circumstances is identifying the guilty party. But if that party is identifiable and has contributed to your accident and injury, he or she is liable.
Motorcycle crashes that are not fatal are often catastrophic. The nature of motorcycling exposes motorcyclists to dangers that do not pose a threat to motorists and passengers in the interiors of cars and trucks.
In recent decades, seat belts, airbags, advanced braking systems, video, and other advances are making trucks and autos safer, but the basic motorcycle safety equipment has remained unchanged: leather gloves, leather jackets, boots, and helmets.
After any collision, protecting your health, your rights, and your future must be your top priorities.
If you or someone you love is injured in California in a single-bike motorcycle accident, a Fresno personal injury attorney can help you determine if another party contributed to your accident and injury, and if so, your attorney can hold that party accountable.
HOW CAN VICTIMS OF NEGLIGENCE BE COMPENSATED IN CALIFORNIA?
If you have been injured in a motorcycle accident because of a manufacturer’s negligence, a government agency’s negligence, or the negligence of another individual, you are entitled under California law to complete compensation for your medical expenses, lost wages, pain, suffering, and more. You are also entitled to justice.
After a single-bike motorcycle crash in California, a personal injury lawyer will closely scrutinize all of the parties who may have contributed to your accident and injuries.
Your attorney will work diligently to ensure that you receive the full compensation you are entitled to from anyone who is liable for your accident and injuries.
A California personal injury attorney can often help those who are injured in single-bike motorcycle accidents, but it is the accident victim who must decide to take the first step and obtain legal counsel.
Do not place your health or your future at risk. After a motorcycle crash, get the legal help – and the justice – you really need.