California has the unfortunate distinction for being one of the leaders in motorcycle-related accidents, injuries, and fatalities in the country. The combination of year-round good weather and expensive gasoline prices are factors in increased motorcycle ridership and consequently motorcycle accidents. If you are involved in a motorcycle accident and have suffered injuries it is important that you seek out experienced, capable, and loyal attorneys to represent your legal interests. The personal injury attorneys at Custodio & Dubey have a demonstrated track record of success working for their clients in cases of motorcycle accidents. They work diligently to get the best results possible in an effective manner.
Motorcycle accidents tend to be some of the worst and most devastating types of vehicular accidents on the road. A motorcycle rider is incredibly exposed and extremely exposed to serious injury. Unlike a rider in a car, there is no restraints, no steel to protect, no seat belts to hold a rider in place. Motorcycles on the road travel at very high speeds, are relatively lightweight in comparison to cars and trucks on the road, and to top it all off are very difficult to see on the road. All these factors combined are a recipe for disaster that is exactly what occurs in most motorcycle accidents- disaster.
The National Highway Traffic Safety Administration statistics indicate that a motorcycle rider is ten times more likely to suffer injury and almost 40 times more likely to die in an accident compared to a passenger in a car. Furthermore in all motorcycle accidents, an astounding 98% result in injuries to the motorcycle rider. The types of injuries associated with motorcycle accidents are in large percentage catastrophic. Broken bones, spinal cord injuries, brain trauma, loss of limbs, as well as death are all associated with motorcycle crashes. The nature of these injuries requires that you have the best legal representation to handle your or your loved one’s personal injury claims.
If you sustained injuries in a motorcycle accident, the law of negligence requires you to prove that the crash was the fault of another driver or entity. A skilled legal team will conduct a thorough and timely investigation of a motorcycle accident. Almost 70% of motorcycle accidents with more than two vehicles are caused by drivers who violate a motorcyclist’s right of way. Another driver’s failure to check blind spots, misjudging the speed of a motorcycle, and tailgating can also cause a collision with a motorcycle. Depending on the circumstances, not only will the driver be responsible for his negligence, the owner of the vehicle, and the employer can be held liable. Competent representation must explore all these avenues for compensation.
The doctrine of comparative negligence dictates that the liability of the accident be spread accordingly based on the level of culpability. Many times bikers are held partly liable for a motorcycle crash based on arguments that of excessive speeding or reckless maneuvering. Insurance companies and opposing counsel depend on these arguments to reduce your pay out, a skilled attorney will anticipate and be ready to refute these allegations and protect your award. Comparative negligence on the part of the motorcycle rider can result in a reduced award. If the motorcyclist is found to be 20% liable for the accident, then his recovery is reduced by 20%. If he is 50% at fault, damages are consequently cut in half. A vigilant personal injury lawyer like those at Custodio & Dubey will protect their client’s interests by making every effort to negate any comparative negligence arguments.
Your lawyers must establish another driver’s fault or find another cause for the motorcycle crash, such as defect in the design or manufacture of the bike or a dangerous road condition. When accidents occur in intersections it is important to investigate the proper function of traffic lights and signals. Signs indicating dangerous curves or conditions, improperly maintained highways including potholes and lose gravel can all factor into the equation. Another issue is the proper function of the bike itself, not to mention the safety equipment. Your attorney needs to make sure all responsible entities are subject to liability for your injuries and damages and have the ability to investigate and address these legal bases of liability.
The personal injury attorneys at Custodio & Dubey with their extensive skill and experience in all kinds of vehicular accidents, including motorcycle collisions, is available should you need them. Getting the best result possible for their clients is their number one priority. Call toll free at (213) 785-2909 for a free consultation of your case anytime. You can also fill out our online consultation form and an attorney will contact you as soon as possible.