Anyone who owns a motorcycle anticipates that first day of Spring when the weather is just right and the skies are clear blue. For most states, late Fall and Winter require you to hang up your helmet and toss aside your keys.
That is, unless you reside in San Diego where the weather is always sunny and the sky is always bright enough for you to ride your motorcycle. Though motorcycles are often secondary vehicles for most people, they make the weekend that much more important.
But what happens when a person’s joy for riding leaves them with injuries or results in a fatality due to a motorcycle accident?
The Numbers Behind the Motorcycle
California has long had a driving culture and one of the highest rates of accidents reported in the United States. For most motorcyclists it is not a matter of “if” you are going to be in an accident, but rather a matter of “when.”
A KPCC analysis of statewide crash data found overall motorcycle collisions and fatalities increased 23 percent from 2003 to 2012. Though safe riding techniques such as proper equipment are utilized, motorcyclists are more prone to accidents because they are not protected like they are in an automobile.
The Insurance Information Institute reported in 2013, that 4,668 people died in motorcycle crashes and 88,000 motorcyclists were injured. They also reported that motorcyclists are about 26 times more likely than a passenger car occupant to die in a crash per vehicle mile traveled and five times more likely to be injured.
Around the country, motorcyclists make up four percent of all people injured, 18 percent of all occupant fatalities, and four percent of all occupants injured. So you see, legal representation for motorcycle accidents are at a high because of the number of accidents that often occur due to motorcycle usage.
What Recourse Do You Have if Injured in a Motorcycle Accident?
Often times, when one is in a motorcycle accident it is because of the negligence of another driver. For those who sustain injuries, insurance companies are the first people that are contacted. However, insurance companies may be difficult to deal with and often times victims do not cover the extent of their medical injuries.
Although this is the case, you may be able to be compensated for your medical expenses, pain and suffering, emotional distress, lost income, as well as wrongful death if your loved one died due to someone else’s negligence.
What one will have to prove often in a negligence case, is that the defendant was a substantial factor in causing the harm. A substantial factor in causing harm is a factor that a reasonable person would consider to have contributed to the harm and though it is does not have to be the only cause of harm, it must be a substantial factor based on CACI Sec 430.
If this can be proven as well as the defendant’s negligence resulted in damages to you then you may have a case to recover for the amount of damages that you sustained.
Have You or a Loved One Been Injured?
Motorcycle accidents are different than car accidents and require an attorney knowledgeable in dealing with these kind of cases. You need someone who is willing to seek justice on your behalf. If you are a loved one have been injured in a motorcycle accident, please do not hesitate to contact a San Diego Motorcycle Accident Attorney to help you move forward in your case. We are here for you!
Injury Trial Lawyers, APC
1230 Columbia Street #560
San Diego, CA 92101