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An out-of-control Acura caused a multi-vehicle collision which killed one person and seriously injured two others.
The wreck happened on State Highway 85 near Blossom Hill Road. According to investigators, a 26-year-old Los Banos man lost control of his Acura for unknown reasons. He sideswiped a 21-year-old motorcycle rider in the adjacent lane. As a result, the rider fell off his bike and onto the cement. The Acura careened across the road and slammed into a guardrail. Both operators and a 26-year-old woman inside the Acura sustained major injuries.
The motorcycle rider did not survive.
Statistically, motorcycle riders are almost thirty times more likely to die in collisions than the occupants of four-wheel vehicles. Some of these serious injuries include:
Injuries like these usually mean tens of thousands of dollars in medical bills. Normally, health insurance companies refuse to pay these costs. Unless a San Jose personal injury lawyer sends a letter of protection to a medical provider, the victim could be stuck paying these expenses out of pocket.
These medical bills eventually come due. So, victims do not just need time to heal. They also need financial compensation. To obtain it, an attorney must prove negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
Most motorcycle accidents are not “accidents.” Driver impairment or an operational error usually causes these incidents. Examples of driver impairment include substance use, fatigue, and distraction. Operational errors include speeding and making an illegal turn.
Impairment and operational errors are both a breach of the duty of reasonable care. This duty requires drivers to be in top physical and mental condition before they get behind the wheel. This responsibility also requires operators to drive defensively and obey the rules of the road.
Once victim/plaintiffs establish negligence cases, insurance company lawyers may employ some defenses to try and reduce or deny compensation.
Comparative fault might be the most common insurance company defense in negligence claims. This legal loophole shifts blame for the accident from the tortfeasor (negligent driver) to the victim. For example, the insurance company might admit its insured driver ran a red light, then blame the wreck on the victim’s excessive speed.
California is a pure comparative fault state. Therefore, even if the victim was 99 percent responsible for the wreck, the tortfeasor is liable for a proportionate share of damages.
These damages usually include compensation for economic losses, such as the aforementioned medical bills, and non-economic losses, such as pain and suffering.
Motorcycle wrecks often cause serious injuries. For a free consultation with an experienced San Jose motorcycle accident lawyer, contact Solution Now Law Firm. We do not charge upfront legal fees in these matters.
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