About 3 percent of the registered motor vehicles in California are motorcycles. Yet these vehicles are involved in about a sixth of the fatal wrecks in the Golden State. Furthermore, the fatality rate is significantly higher in motorcycle wrecks. The fatally-injured victim is almost always a motorcycle rider or passenger. These individuals have little or no protection from oncoming cars.
As outlined below, the non-rider is almost always responsible for these wrecks. So, a San Jose motorcycle accident attorney can normally obtain substantial compensation for these victims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are sometimes available as well.
Many four-wheel vehicle operators do not aggressively look out for motorcycles. Additionally, California roads are often crowded with large vehicles, like pickups and SUVs, which are not easy to see around. So, it’s not surprising that left turn/head-on wrecks may account for as many as half of all motorcycle accidents.
Here’s how these wrecks typically happen. Usually, a tortfeasor (negligent driver) is waiting to make an unprotected left turn against traffic. The tortfeasor does not see an approaching motorcycle, and then turns directly into the rider’s path. At that point, a collision is basically inevitable. If the rider tries to avoid the collision, the rider usually causes another wreck. More on that below.
After these wrecks, many tortfeasors say something like “I never saw her” or “He came out of nowhere.” These statements are essentially admissions of liability, and specifically the failure to maintain a proper lookout.
This substance slows reflexes and impairs judgment. Therefore, impaired or intoxicated motorists are unable to adjust to changing circumstances and take unnecessary chances. This combination makes it very dangerous to operate heavy machinery, like a car or truck.
There’s a difference between impairment and intoxication. Most people are intoxicated after about three drinks. But alcohol’s impairing effects begin at the first drink.
There’s also a difference in terms of liability. If the driver was impaired, victims may normally use the ordinary negligence doctrine to obtain compensation for their injuries. Ordinary negligence is basically a lack of reasonable care. If the tortfeasor was legally intoxicated, the negligence per se shortcut usually applies. These individuals could be responsible for damages as a matter of law.
When riders crash into fixed objects, like telephone poles or parked cars, it’s usually not because they were riding recklessly. Instead, it’s usually because they were trying to avoid a wreck with an intoxicated/impaired motorist or a tortfeasor who was not keeping a proper lookout.
Four-wheel vehicles are quite stable, especially since they have advanced computer controls. But two-wheel motorcycles are very insatiable, especially if the road is not perfectly clear and dry. A sudden lane change or stop often causes riders to lose control of their bikes.
There is usually not as much force in a fixed-object crash. But there is still more than enough force to cause a serious injury.
Motorcycle crashes happen in several different ways. For a free consultation with an experienced personal injury attorney in San Jose, contact Solution Now Law Firm. Home, virtual, and after-hours visits are available.
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