Motorcyclists are often very competent and a lot more conscientious than other motorists. However, a motorcycle’s lack of protection still means that they have a high risk of seriously being injured in an accident. You may benefit from obtaining assistance from a Modesto motorcycle accident attorney if you or a loved one was injured in a motorcycle accident. Your lawyer will understand the circumstances of your accident and the unique aspects of motorcycle accident law, and will stop at nothing to obtain you the compensation you deserve for your injuries.
There are not nearly as many safety features available for motorcycles as there are for other vehicles due to the design of motorcycles. Motorcycles are the smallest vehicles on the road and do not do well in collisions with semi trucks, SUVs, pickup trucks or even compact passenger cars. Motorcyclists are often thrown from their bike or pinned underneath their bike. California law mandates that motorcycle drivers and passengers wear helmets, but helmets are often not enough to prevent serious injuries in motorcycle accidents, especially the more serious ones. Contact a Modesto motorcycle accident lawyer today if you would like more information about filing a motorcycle accident injury claim.
Why You Should Hire Motorcycle Accident Lawyers
You may be eligible for financial compensation if you or a loved one was injured in a motorcycle accident which was caused by another driver’s reckless or careless actions, or if faulty maintenance or defective parts caused your motorcycle to malfunction and crash. You may experience difficult financial burdens because of personal injury, lost wages, property damage, pain and suffering and other factors. You can alleviate these burdens by pursuing a financial recovery from those responsible for your injuries and damaged property with the help of an experienced Modesto motorcycle accident lawyer. Your lawyer can assist you in pursuing a wrongful death claim if you have lost a loved one in a motorcycle accident. Call Nadrich & Cohen today for a free consultation with one of our experienced Modesto motorcycle accident attorneys.
California Motorcycle Accident Law
Personal injury lawsuits involving motorcycle accidents will typically include a claim that the at-fault driver was negligent. Negligence means failing to act as carefully as a reasonable person would under the same or similar circumstances. California law contains five elements of a negligence claim. “Elements” are building blocks of legal claims. Plaintiffs must establish the following elements by a preponderance of evidence in a motorcycle accident claim:
- Duty: Defendants are duty-bound to behave in a certain way towards an injured motorcyclist. The defendant in a motorcycle accident involving a commercial truck or passenger vehicle would be the driver at-fault for the accident. Passenger vehicle and commercial truck drivers almost always have a legal duty to exercise reasonable care towards motorcyclists.
- Breach of duty: The at-fault driver must breach their duty to exercise reasonable care. California courts might assume a driver breached their duty of care if they break a traffic law and collide with a motorcyclist. This theory is known as “negligence per se.”
- Cause-in-fact: Injured motorcyclists need to prove the at-fault driver actually caused their injuries and other damages. This is sometimes known as “but-for” causation since injured motorcyclists need to show that but for the actions of the at-fault driver, the motorcyclist would not have sustained their injuries and other damages.
- Proximate cause: At-fault drivers in motorcycle accidents are only legally and financially liable for harm the motorcyclist suffered which was foreseeable as a result of the accident. Injuries are considered foreseeable consequences of negligent driving in most California motorcycle accident lawsuits.
- Damages: Injured motorcyclists need to demonstrate their accident caused them to suffer legally recognized harm. This harm is usually in the form of injury, damage to the motorcycle or financial losses.
Experienced motorcycle accident attorneys like the lawyers at Nadrich & Cohen gather evidence from those involved in the accident, medical care providers, law enforcement and other experts to build your case and establish the at-fault driver’s negligence.
Those involved in California motorcycle accidents may be eligible for a financial recovery which covers the following types of damages:
- Past and future medical treatment costs: You will receive full compensation for the cost of any past and future medical treatment necessitated by injuries sustained in your motorcycle accident if your lawsuit is successful. This compensation includes the cost of time spent in medical treatment, medical co-payments, prescription drug and medical supply costs and physical therapy and/or long-term care costs.
- Pain and suffering: You may receive financial compensation for pain and suffering if your injuries were severe and caused extreme pain and emotional suffering. An experienced motorcycle accident lawyer will assist you in determining whether pursuing this kind of damage is appropriate.
- Lost wages: Victims of motorcycle accidents often need to take time off from their job to recover from their injuries. Many can’t work for a long time or become permanently disabled. You can be compensated for your financial loss if you lose wages or become unable to work because of your accident.
- Property damage: You can receive compensation for the fair market value of your motorcycle and any property you were riding with if they were damaged by the accident.
Modesto Motorcycle Accident Lawsuit
The aggressive, experienced lawyers at Nadrich & Cohen are ready to fight for you in a motorcycle accident lawsuit. We’ve been representing motorcycle accident victims since 1990 and our lawyers’ 70+ years of combined legal experience mean they have the experience and know-how to obtain you the largest possible financial recovery.
We are contingency fee lawyers. This means we only charge you a percentage of your recovery and only if we obtain a recovery for you. You will never owe us any money for our services.
Call us today at (209) 232-2933 for a free consultation if you or a loved one was injured or killed in a motorcycle accident. You can also fill out the free “Do I Have A Case?” form, email us at firstname.lastname@example.org or chat with our live chat.