All too often, motorists fail to properly “share the road” with bikers and motorcyclists. When motorcycle crashes occur, the biker involved is rarely 100 percent to blame for their own injuries. Most of the time, even if the biker is partially responsible for their injurious circumstances, others are also partially to blame. It is, therefore, important for injured bikers to explore their legal options so that they are not saddled with financial consequences resulting from their accident when others should be held – partially or totally – liable for what happened.
When Are Motorcycle Accidents Legally Actionable?
As an experienced motorcycle accident lawyer – including those who practice at Cohen & Cohen – can confirm, not all motorcycle accidents are legally actionable. Say that lightning strikes immediately in front of where a biker is traveling. If the biker skids out to avoid the strike, no one can be held accountable for the resulting harm because no one engaged in conduct that forced the crash to occur.
However, most motorcycle accidents are legally actionable to one extent or another. For a motorcycle accident lawsuit to be successful, the biker named as the plaintiff in the lawsuit must prove that any defendant named in the lawsuit owed them a legal duty of care and breach that duty by engaging in negligent, reckless, or intentionally dangerous conduct. The biker must also prove that their injuries resulted directly from the defendant’s conduct and that they suffered financial losses, such as medical expenses or lost income, as a result of their harm.
Issues of Partial Liability
All too often, motorcycle accident victims shy away from filing action in civil court because they believe that if they were partially responsible for their circumstances, they cannot collect any compensation. In reality, the vast majority of states allow injury victims to collect compensation from others whose conduct contributed to the source of their harm, even when the injury victims themselves were partially to blame. For example, in California, injury victims may hold others accountable for their portion of fault even if the injury victims themselves were 99% responsible for what happened to them. This is one of the many reasons why It is important to speak with an attorney before committing to a legal plan of action or dismissing any opportunities for compensation outright.
Connect with an Experienced Personal Injury Attorney to Learn More
If you have recently been hurt as a result of a motorcycle accident and you were unsure of whether you can sue those who have contributed to the causes of your harm, connect with a personal injury attorney who has experience with motorcycle accident cases. By having your case assessed objectively and thoroughly, you’ll be empowered to make informed decisions about your legal situation. Don’t settle for less than you are owed.
If another’s conduct contributed to your harm, hold them responsible so that your family’s finances don’t have to be affected negatively as a result of your crash. Call an attorney today to learn more about your rights and options under the law.