Motorcycle Accidents in San Luis Obispo
Nearly 3,000 riders die every year in motorcycle accidents and California riders share what some would consider to be a disproportionate percentage of those fatalities when compared to other states. In the vast majority of motorcycle accidents in San Luis Obispo, the motorcyclist was operating according to the rules of the road at the time of the accident.
San Luis Obispo Motorcycle Accident Liability
Negligence is defined as any action or inaction that results in avoidable damage to person or property. In cases involving motorcycle accidents, it is the injured party’s responsibility to show that their injury was the result of carelessness or thoughtlessness on the part of the defendant or defendants. In San Luis Obispo, California, if a driver of any motor vehicle is not exercising reasonable care and a motorcyclist becomes injured, the driver is likely to be found negligent and, likewise, liable in the accident.
Some actions that contribute to driver negligence in San Luis Obispo motorcycle accidents include:
- Violating traffic laws
- Failing to adhere to the rules of the road
- Failing to take appropriate steps to reduce risk
- Generally unsafe driving habits
- Aggressive driving
- Distracted Driving
- Road Rage
- Driving a vehicle in a known state of disrepair
Winning Your Motorcycle Accident Case
Proving negligence is typically a four-part process. As a plaintiff in a motorcycle accident case, you need to be able to show all of the following to secure a settlement or judgment in your favor.
First, you must be able to prove that the operator of the other vehicle had a duty of care toward you while operating. In most cases, there is little question as to whether this was so. Next, you must show that the driver failed in his or her duty of care. Then, you have to prove that it was the other operator who caused the injury. Finally, you must prove that you were the one injured as a result of the other driver’s negligence. The last is also almost never in dispute given available police reports, medical records, etc.
While it may sound simple, building a strong, winnable case is anything but. It is for this reason that you need an experienced attorney who will fight hard to prove your case and get you the compensation you deserve for your injury.
Only an experienced motorcycle accident attorney can accurately examine all the evidence, build a strong case, and collect the money you deserve. If you have been injured in a motorcycle accident and think you have a case, don’t delay. Call James McKiernan Lawyers right now and speak to an attorney with a proven track record of winning personal injury cases involving motorcycle accidents.
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Top 5 Summertime Accidents in Southern California
While we love summer and everything that comes with it, summertime accidents are unfortunately too common. Despite our best efforts, summer can come with dangers. Here are the top five summertime accidents in Southern California:
1. Bicycle injuries
Perhaps there’s nothing more fun for a child than hopping on a bicycle in the summer and enjoying a taste of freedom. However, safety hazards on roads and sidewalks can lead to bike injuries. Bicycle injuries are a problem for adults too. Too often, drivers don’t use the care that they should, and the results are tragic.
2. Vehicle accidents
Some of the most common summertime accidents are vehicle accidents. More time on the roads, younger drivers and more construction projects can all lead to an uptick in crashes in the summer months. The hot weather even leads to an increase in mechanical failures that can contribute to summertime crashes.
3. Swimming injuries
Too often, swimmers jump in head first in shallow water without thinking about the dangers. Diving into shallow water can cause head injuries that are often traumatic. Children and adults alike spend more time in the water during the hot, summer months, and this can lead to an increase in injuries from swimming and diving.
4. Unexpected falls
Summer is the time that we’re out and about. We’re jogging, using skateboards, hiking through the mountains and performing home maintenance on tall ladders. All of these activities can lead to summertime accidents. Too often, there are hazards or obstructions that people don’t see until it’s too late. Unexpected falls and trips can result in cuts, bruises, broken bones and concussions.
5. Amusement park injuries
It makes sense that more amusement park injuries happen in the summer because people go to amusement parks in much higher numbers during the summer. Bumps and bruises are common on amusement park rides, but people can suffer far more serious injuries. Young children are often able to wiggle out of restraints on amusement park rides, so it’s not just teenagers or adults who are at risk. Amusement park injuries can happen off the rides as well. Park owners need to keep their parks free from hazards and debris.
To speak with a personal injury attorney in Southern California, contact James Mckiernan Lawyers.