Motorcycle riders in the Oakland area enjoy the same rights and protections as all other travelers. Other motorists must yield to them when appropriate and follow all the other relevant rules of the road. However, when drivers fail to follow these laws and cause significant injuries to motorcyclists, they must compensate victims for their losses.
A dedicated Oakland motorcycle accident lawyer can help injured bikers pursue a case for fair compensation. In doing so, a skilled injury attorney will investigate the cause of the crash, determine how it has affected your life, and demand that the at-fault driver and their insurance company provide the payments necessary to help you get back on your feet.
When is a Driver Liable for a Motorcycle Crash?
The law in Oakland is clear: travelers must protect everyone they encounter while behind the wheel. This legal duty extends to people in full-size cars and those on motorcycles and other smaller forms of transportation. This means that if a driver causes an injury to those people, they are liable for all resulting damage.
Even with this concept in mind, the responsibility to prove fault for a wreck lies with the injured rider. Fortunately, a hardworking attorney in Oakland can help with this process by thoroughly investigating the cause of the motorcycle crash and placing blame on the negligent driver. The cause might result from a failure to follow a street law or the failure to check a blind spot before changing lanes.
A legal representative will also strive to understand how the incident has impacted the victim’s life, accounting for the plaintiff’s medical bills, emotional traumas, and economic losses into account. Combining these factors allows a legal team member to present a case to the insurance company or jury and demand fair payments from the negligent motorist.
Possible Limiting Factors on Motorcycle Accident Cases
Even if liability is reasonably clear following a motorcycle collision, certain aspects of the law make it difficult to collect full compensation.
The Statute of Limitations on Personal Injury Cases
Every case that goes to court in Oakland is subject to the state’s statute of limitations, which is a time limit following an injury within which a person must file a civil demand for payment. According to California Code of Civil Procedure § 335.1, this time limit is two years from the date of the collision. Meeting this time limit is an essential part of any case.
The Concept of Shared Fault
Not every motorcycle wreck is a defendant’s sole fault. In fact, the comparative negligence legal theory says that the court must evaluate the victim and defendant’s actions and behavior at the same time. Under California Civil Code §1714, the court will reduce its award at trial by the percentage of blame it attributes to the victim. As a result, it is crucial to prove that the defendant driver was entirely to blame for the collision. During a consultation, a determined lawyer in Oakland can provide more information about the potential limitations of motorcycle crash cases.
Speak with a Motorcycle Accident Attorney in Oakland Now to Obtain the Assistance You Need
Motorcycle crashes are traumatic events that can negatively impact your physical health, mental well-being, and finances. When another driver’s actions were the cause of your losses, they have a legal obligation to provide you with fair compensation. Even so, obtaining these payments from insurance companies is never as simple as it seems.
Reach out to an Oakland motorcycle crash lawyer today. These professionals can explain your legal rights, review the crash details, measure your losses, and demand fair payments through insurance settlements or lawsuits. Call now to set up a meeting.