Drivers of motorcycles are at a higher risk of injury and death than those of passenger vehicles.
They must take extra care and precautions to ensure that they are visible to other motorists.
More often than not, motorcycle accidents happen when the driver of another vehicle does not recognize the motorcyclist as an oncoming vehicle. The vast majority of accidents between a motorcycle and another vehicle happen when the motor vehicle pulls out into the motorcyclist’s path.
The extent of injury is oftentimes very extensive and may require the victim to undergo expensive medical procedures for years to come. In order to receive any compensation, the motorcyclist must be able to prove that he or she was not responsible for the accident.
So, who is at fault? California law implements a fault-based system when it comes to traffic accidents.
Bottom line – the party who is at fault for causing the accident is usually a driver who runs a red light, or doesn’t stop at a stop sign, or is texting while driving. It could be the driver who fails to see an oncoming motorcycle and give it the right-of-way. How about the driver who pulls out onto a road or merges into a lane directly in front of a motorcycle?
This driver will most probably be held legally accountable for paying financial compensation to anyone injured in the accident.
The majority of motorcycle accidents can be attributed to driver negligence.
Take a look:
- The other driver – a driver who doesn’t act with proper caution or care
- Motorcycle manufacturer – a defective part, tire or brake failure may cause a collision making the manufacturer, distributor and/or the retailer the party to be held accountable
- Municipality – defective or dangerous roads can cause an accident – making the municipality or government agency responsible
- The motorcyclist – may be held responsible if partially to blame
The task of proving that a motorist was simply not paying enough attention or was distracted while driving when they collided with a motorcycle is extremely difficult.
If you or a loved one was involved in a motorcycle accident in the San Bernardino area, you may be wondering who is to blame. Whatever you think is the cause of the accident, you should use an experienced personal injury attorney to pursue your case.
At the personal injury law offices of Welebir | Tierney, we can discuss your accident and consider your options for a claim against who you think is responsible.