Riding a motorcycle on Northern California’s roads is an amazing experience. However, many passionate bikers living in the Milpitas area know that tragedy could strike in a heartbeat, no matter how much they emphasize safety.
Sadly, a motorcycle accident can cause you horrific injuries. Therefore, when another party’s negligence contributes to the crash, they should pay for your damages. Unfortunately, lingering prejudice against motorcyclists makes obtaining a fair settlement from the responsible driver’s insurance company complex.
Do not try to handle your motorcycle accident claim without help from an experienced personal injury attorney. Instead, let a Milpitas motorcycle accident lawyer help you get the settlement you deserve.
What Causes a Motorcycle Accident?
Although people often think of motorcyclists as risk-takers or daredevils, the reality is that motorcyclists understand the risks associated with riding and take precautions to mitigate these dangers. That said, car drivers usually are at fault in collisions involving motorcycles.
A scientific phenomenon called inattentive blindness could cause a driver concentrating on the road or other vehicles to miss a motorcycle, even when the biker is in their line of vision. Unfortunately, many passenger vehicles like SUVs contribute to the problem. These vehicles often have large blind spots, preventing a driver from seeing a motorcyclist in an adjacent lane or immediately in front of them. A Milpitas attorney can review the evidence to determine the cause of a motorcycle crash and hold the responsible parties accountable.
Local Motorcycle Laws in Milpitas
California Vehicle Code 27803 establishes a universal helmet requirement for motorcyclists. Under this law, everyone riding a motorcycle must wear an approved helmet regardless of age and experience.
Lane splitting or lane sharing is legal in California. Likewise, a motorcyclist can ride between cars in an adjacent traffic lane. However, The Department of Public Safety recommends that riders travel no more than 10 miles per hour over the speed limit when sharing lanes and avoid lane splitting at speeds exceeding 30 miles per hour.
When a motorcyclist violates a law and causes a crash, the rider could be partially liable for their injuries. Unfortunately, if the injured motorcyclist is 20 percent at fault for the accident, they can collect only 80 percent of their damages. A seasoned lawyer will work to ensure the rider receives the maximum compensation possible after a collision.
Potentially Responsible Parties Following Motorcycle Accidents
A motorcycle accident can cause severe injuries requiring extensive treatment. Often, the rider cannot return to work, either temporarily or permanently. In these cases, the person’s recoverable damages could be substantial.
Unfortunately, a driver with minimum insurance policies might lack the coverage to compensate the injured biker for their losses. Fortunately, a dedicated attorney in Milpitas can investigate the motorcycle wreck to identify other potential sources of coverage. For instance, poor road maintenance could lead to a bike accident since potholes or loose road surfaces could cause a motorcyclist to lose control of their vehicle. The local government responsible for road maintenance might be liable in this case. Sometimes, a mechanical failure due to faulty parts on a bike or the other vehicle involved could also lead to a crash, making the manufacturer liable for subsequent injuries.
Contact a Milpitas Attorney to Pursue a Motorcycle Crash Claim
Your motorcycle accident injuries might require extensive rehabilitation, requiring you to take time off work. Medical bills can pile up quickly, and you might be tempted to accept the first settlement amount the insurance company offers. However, you could sell yourself short accepting this compensation.
A Milpitas motorcycle accident lawyer knows what your claim is worth and can negotiate with the insurance company until they agree to pay what you deserve. Call now to discuss your case with a capable and energetic attorney.
