Motorcycle Lawyer Sacramento | Motorcycle Attorney Sacramento

What is a Motorcycle Injury Case? (Part 1)

A motorcycle injury case arises when someone suffers a physical or mental injury as a result of someone else's negligence. Negligence is a legal term that means that someone's conduct fell bellow the standard of care for a reasonable person in a similar situation. The standard of care varies from situation to situation depending on who the injured party is and who the negligent person is. For instance, a professional driver (a motorcycle stuntman) would be expected to have a higher standard of driving then a nonprofessional driver would.

People are negligent when they do things that they shouldn't have done, or when they don't do something they should have done. For example, making a left hand turn directly in front of a motorcyclist who has the right of way is probably negligent.

Liability, or who is at fault, also changes from situation to situation. California State has numerous statutes and codes that determine the standard of care to which an individual is held. When driving, these are called the Rules of the Road. They establish who has the right of way in certain situations, who must yield to whom, and how drivers must interact with each other. A motorcycle is considered a motor vehicle and a rider must obey the rules of the road.

Determining the party who is at fault is dependent on the facts leading up to the accident. For instance, if a driver was running an errand for an employee at the time of the accident, the employee might be liable for the driver's actions. However, if the driver decided to make a personal detour while running the errand, then the employer may not be liable. The variations are endless. The question of liability is one of the first important considerations in a motorcycle injury case and often times is not "cut and dried' but requires technical analysis.

Liability just means whose fault the accident is. Unfortunately, liability, as with most parts of the law, is very complicated once people start arguing over something. Even cases that people think are "slam dunk" on liability sometimes aren't. This is an even bigger problem for motorcyclist, because insurance companies will almost always try to assign some blame to the person on the motorcycle because they believe that juries will think that someone on a motorcycle is aggressive and must have done something wrong. nsurance companies do not like to pay claims, because that takes cash out of their pockets. Therefore, in the interest of corporate profits, insurance companies carefully scrutinize each and every claim and try to pay as little as possible.

The insurance companies are NOT on your side. We know the law, our Sacramento motorcycle lawyers have extensive experience handling motorcycle accident injury cases throughout California. Call The Weinberger Law Firm and we will fight for your rights. Consultation is FREE. Call (916) 357-6767 today for a free consultation regarding your Sacramento motorcycle injury case.