Maison Law represents motorcycle accident victims in Corcoran. If you or a loved one has been injured in a motorcycle accident, the personal injury attorneys at Maison Law can get you the compensation you need. Motorcycle accidents tend to be horrific collisions, resulting in life-altering injuries. To ensure you take the proper legal steps and receive the maximum amount of compensation for your damages, contact Maison Law today for a free consultation and case evaluation.
Do I Need a Corcoran Motorcycle Accident Lawyer?
Motorcycle accidents can be expensive for victims and their families. According to the Insurance Information Institute, motorcycle accidents have an average of around $16 billion in damages each year. For that reason, it is recommended to consult with an experienced Motorcycle Accident Lawyer to get the full extent of your damages. These damages include:
- Present and future medical expenses
- Loss of income, as well as a reduction in earning capacity
- Cost of living with an injury, such as making a home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to property during the accident
- Pain and suffering caused by injuries and loss of enjoyment of life
- Stress and anxiety due to the nature of the accident
Corcoran Motorcycle Accident Law
Other drivers on the road owe a “duty of care” to the other drivers around them, including motorcyclists. Duty of care isn’t just a suggestion for drivers in Corcoran, it is a law they must follow. According to Civil Code 1714, people are responsible for their actions and preventing their property from harming others. The statute states:
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.”
To establish the actions of a careless driver caused your motorcycle accident, you would need to prove the following:
- Duty of care: the other driver has a legal obligation to drive with caution and prevent any hazardous incidents that could injure someone
- Breach: the other driver failed to uphold their duty of care toward other drivers
- Cause: the other driver’s carelessness was a direct cause of the accident
- Damages: You suffered verifiable damages and incurred heavy losses due to the injuries sustained from the accident
Can You Sue the Government for a Motorcycle Accident
Yes, any city, state, or federal government in California can be held liable for a motorcycle accident if they are at fault. However, when it comes to suing the government, there are requirements that are different from those found in a typical motorcycle accident cases.
Before you can sue a public entity in California for causing a motorcycle accident, you must first file a claim with the government entity you intend to sue that meets the requirements of the California Tort Claims Act. This is covered in California Government Code 810-996.6. These laws apply specifically to public entities such as:
- State government
- County agencies and departments
- Local government agencies
- Government employees
If you are filing a wrongful death claim against a local government entity, you can file a claim directly with the governing board or clerk. Many local departments have their own claim form for you to fill out, accessible at their offices or online.
To file a claim against California state agencies or employees you will need to go to the California Department of General Services, Office of Risk Management. This site allows for any person to file a government claim to receive compensation for damages caused by the state of California.
Common Dangers that Cause Motorcycle Accidents in Corcoran
In 2017, according to Berkley University, nearly 22% of all motorcycle accidents were fatal or ended in severe injuries. These horrific accidents are common in California due to the lack of awareness from other motorists and the amount of risk involved with using a motorcycle in high traffic areas: The following dangers are the leading cause of fatal motorcycle accidents:
- Absence of barriers: motorcyclists are not protected by metal, airbags, or seat belts like a typical car. The only preventative barrier is their helmet.
- Reduced Stability: Motorcycles can travel at high speeds, but at the cost of stability, making them susceptible to other vehicles, harsh weather, and hazardous road conditions.
- Reduced Visibility: Motorcyclists are less noticeable to other vehicles, especially at night.
- Poor Road Conditions: debris and other objects on the road might be easy for a car to ride over, but a motorcyclist is at a much higher risk if the road surface has been compromised.
Most Common Causes of Motorcycle Accidents in Corcoran
In Corcoran’s Kings County, according to the Transportation Injury Mapping System, speeding is the result of over 33% of all motorcycle accidents in the county. The most common collisions resulting in fatal motorcycle accidents include:
- Distracted Driving: even momentary glances can cause devastating accidents. Distracted driving can be proven through camera footage, cell phone records, and collision investigations.
- Speeding: speeding only increases the severity of accidents and is a leading contributor to fatal motorcycle accidents every year in California. A driver’s CPU data can potentially reveal their speed before an accident.
- Moving violation: running red lights, illegal U-turns, or failing to yield can disrupt the flow of traffic, leading to major accidents. These illegal actions can typically be proven by traffic camera footage and eyewitnesses.
- Driving under the influence (DUI): this action is one of the leading causes of fatal motorcycle accidents in California.
- Lane-splitting: occurs when motorcyclists ride between lanes of traffic, which can lead to accidents if drivers are not aware of the motorcyclist
What Influences Settlement Value in a California Motorcycle Accident?
You may consider filing a personal injury claim if you’ve been injured in a motorcycle accident in California. Before filing, it is important to understand several factors that may influence the value of your settlement. The following factors include:
- Liability: the degree to which the defendant is found responsible for the injury can add value to your settlement. The more reckless the defendant’s actions usually result in a higher settlement.
- Insurance coverage: the defendant’s insurance policy limits can cap the maximum settlement amount. If the defendant has an insufficient insurance policy, then alternate means of compensation will have to be pursued.
- Legal representation: the expertise and negotiation skills of a personal injury attorney will impact the outcome of your case.
- Contributory negligence: California is a pure comparative negligence state, meaning both the plaintiff and defendant can be found at fault. If you’re found at partial fault, then your settlement will be reduced accordingly.
- Nature and extent of Injury: the cost of all reasonably necessary medical treatment and the estimated cost of future medical treatment are essential to the value of a case.
- Objective findings for physical pain: pain is a subjective thing, so, objective evidence is needed to support it in a personal injury case. This is usually presented in the form of X-rays and MRIs.
- Medical history of the victim: the prior medical history of the plaintiff comes into play if they were injured in the same area where they already have a medical history of issues. Under California, the negligent party is not responsible for prior injuries unless they were made worse by the incident.
- Plaintiff’s age: the age of the victim comes into play if the injury may have been a result of “degenerative changes” rather than the careless act, or hazardous condition.
- The occupation of the victim: the amount the injured victim was making and the amount they can no longer make due to their injuries plays a large role in determining their settlement.
Contact a Corcoran Motorcycle Accident Lawyer
If you or a loved one have been injured due to a motorcycle accident in Corcoran, the experienced motorcycle accident attorneys at Maison Law are here to help. We understand how to deal with the insurance company’s lawyers and protect your right to fair compensation, even if you were found partially at fault for the accident. Maison Law offers all motorcycle accident victims and their family members a free, no-risk consultation. No upfront money is required and we only get paid if we win your case. Contact Maison Law today for a free consultation and case evaluation.
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