motorcycle accident make up
about 6 percent of vehicles. Despite this, motorcyclists have three
times the rate of serious injuries and deaths. It’s a statistic that
bikers should appreciate every time they go out.
Because of these serious and fatal injuries, these victims are
usually entitled to substantial compensation. Claims for damages in a
motorcycle accident usually include the cost of economic damages, such
as medical bills, and non-economic damages, such as pain and suffering.
With so much at stake, insurance company attorneys usually fight
these claims tooth and nail. They often rely on the legal loopholes
discussed below to reduce or deny compensation. So a victim needs a Los
Angeles motorcycle accident attorney. Otherwise, the victim will be forced to settle for less.
A sudden emergency
This theory often arises when a biker slows down or stops and a rider hits the bike. It has two basic components which are:
reasonable answer
A sudden emergency.
Most people respond reasonably to these situations. They stop, wait
for the emergency services to arrive and help the victims if possible.
However, in this context, things like stationary bikes are not
necessarily urgent. This tag applies to hood pops, earthquakes, and
other completely unexpected events
A motorcycle accident is not a sudden emergency. Defenses against claims of jaywalking pedestrians are more common.
comparison error
Most events in life, good or bad, have multiple causes. Therefore,
many SoCal judges are willing to accept the comparative error defense.
At least part of this theory is shifting
From the careless driver to the accident victim. For example, the
insurer may admit that the diver made an illegal turn and argue that the
motorcyclist’s excessive speed caused the accident.
Before we go any further, it is important to mention the affirmative
defenses of comparative fault, last clear opportunity, and sudden
emergency. The insurance company must admit that your driver was
negligent. Because the insurance company admits the underlying facts, a
Los Angeles personal injury attorney can easily win these cases.
Back to the illegal corner/speed example. Such situations are
especially common in left-side engine wrecks. The negligent driver does
not see the motorcyclist and turns left against the traffic. The
oncoming motorcycle cannot avoid the rake.
The insurance company bears the burden of proof and persuasion.
First, the insurer’s lawyers must convince the judge that the defense is
legally enforceable. They then have to convince the judges of the same.
So our team has two options to beat this defense down the field.
It is often the degree of infringement that matters. There is a big
difference between going 15 mph over the speed limit and going 5 mph
over the speed limit.
If the jury decides in favor of the defense, it must apportion
liability on a percentage basis. California is a pure comparative fault
state. Thus, even if the victim is 99 percent responsible for the
accident, the careless driver is still responsible for a proportionate
part of the damages.
Last clear chance
For left-wing motorcycle wrecks, this theory is like comparative
error on steroids. Generally, contributory negligence will reduce the
amount of compensation the victim receives. If valid, the last free
option eliminates compensation.
All drivers and motorcyclists have a duty to exercise due care. This
responsibility means that they must avoid accidents whenever possible.
When a car swerves in front of a motorcycle, insurance companies often
argue that the rider had the last chance to avoid the accident. And
since the driver did not change lanes, slow down, or do anything else,
the driver is not responsible for the wreck, but the driver.
However, there is a big difference between the final apparent option
and the potential option. Motorcycles are pretty inept. When riders turn
or stop suddenly, they often lose control of their bikes. Also, this
debris is usually generated so quickly that there is no time to react.
Adverse environmental conditions, such as wet roads, also play a role
here.
Helmet protection
The Golden State is one of the few states that recognizes helmet
protection. The use of motorcycle crash helmets is unacceptable for the
purpose of comparing faults. But it is acceptable due to damages. That’s
why insurance companies often invite doctors to the booth. These
doctors testified that the failure to wear a helmet, not the negligence
of the other driver, caused the victim’s injuries.
Again, the burden of proof and persuasion is on the insurance
company. So citing safety statistics and victim shaming is not enough.
The doctor must provide convincing, specifically correct medical
evidence.
The bottom line is that even if the victim was helmetless, significant compensation can still be awarded.
Motorcycle superstitions
This ultimate defense is not found in any law book or journal. Nevertheless, it is real and affects many areas of California.
Many judges believe that bikers are reckless thugs. Videos like this
reinforce this myth. Because of prejudice against motorcycles, many
judges are willing to accept comparative fault and other legal defenses.
To combat this prejudice, lawyers portray the victim as an exception.
We have all seen that it is very difficult to eliminate prejudice
against any group. It’s much easier to imagine Jack as the victim rather
than the leather-clad biker. Lawyers must refute legal defenses to
obtain maximum compensation for victims. For a free consultation with an
experienced Los Angeles personal injury attorney, contact the Law Offices of Eslamboli Hakim. Home and hospital visits are possible.
