Motorcycle Accidents in San Luis Obispo
Author: James McKiernan Lawyers
June 21st, 2017
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.