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If you have been injured in a motorcycle collision in Carlsbad, contact an experienced Carlsbad accident lawyer to have your case evaluated. A Carlsbad motorcycle accident attorney is necessary to ensure that you are aware of the burden of proof and of the deadlines that must be met in motorcycle accident cases.
Comparative Negligence
California courts follow the contributory comparative negligence standard in personal injury cases, which extends to motorcycle accident cases. Under the pure contributory negligence standard, motorcycle accident victims can recover for injuries that they sustained as a result of negligence caused by another person. However, the victim is not barred from recovering damages when they may have some fault in causing the accident or in worsening the injuries from the accident.
When the injured victim has some fault in the accident or injuries, the damage award is reduced by the percentage of fault that is attributable to them. This standard is only applicable in cases that are decided by a judge or jury in court.
Thus, if the parties reach an agreement outside of court, there is not a legal requirement that the settlement award be reduced by the percentage of fault that is attributable to the victim.
California Motorcycle Laws
Often, the amount of fault that is attributed to the victim and the at-fault party is heavily weighted by the findings of the police that investigate the accident immediately after it occurs. Both parties are free to present any evidence that contradicts the report; however, the details of the report can determine how willing the other party is to negotiate as well as the jury’s impressions, all of which may impact the outcome of the case.
Motorcyclists are required to follow traffic laws, just like drivers. To increase a rider’s likelihood of safety, California requires that motorcyclist be licensed before they are able to operate a motorcycle. Obtaining a license requires successfully completing a driver’s education class and motorcycle training.
Motorcyclists are also required to use front and rear turn signals, unless they have a vintage bike that is not equipped with those features. If the features are not available, California motorcyclists must be aware of and use hand signals when turning or changing lanes.
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Recovery
Failing to comply with road rules can lead to the motorcyclist being cited and, in the event of an accident, can impact a rider’s ability to recover. Thus, a motorcyclist that is injured in an accident because they failed to stop at a stop sign may be deemed at fault and unable to recover. To better understand fault in an accident, Carlsbad motorcycle accident lawyers should be contacted.
A motorcyclist that was injured because they failed to signal a lane change may not be at fault for the accident, but may be deemed to have contributed to the accident, which could impact their damage award.
How a Carlsbad Motorcycle Accident Attorney Can Help
Motorcycle accidents can result in serious and sometimes catastrophic injuries that may have a lifelong impact on the victim. As such, working with a knowledgeable motorcycle accident attorney is important to ensure that someone, with experience in evaluating claims, can provide the victim with reasonable expectations.
If you have been injured in a motorcycle accident in Carlsbad, contact an experienced motorcycle accident lawyer now.
Carlsbad Motorcycle Accident FAQs
What is the average motorcycle accident settlement amount in Carlsbad, California?
The average motorcycle accident settlement amount in Carlsbad is highly variable and depends entirely on the severity of your injuries and the available insurance policy limits. Less severe cases might result in modest settlements, while cases involving catastrophic injuries can lead to very substantial recoveries. Settlement value is based on documented losses, not general averages.
If my Carlsbad motorcycle accident happened while lane splitting, can I still seek compensation for my damages?
Yes, you can still seek compensation. Lane splitting is legal in California, provided it is done in a safe and prudent manner. An insurer may argue it contributed to the crash, but your claim will be evaluated under the pure comparative negligence rule.
Can I recover compensation for damage to my motorcycle and expensive riding gear?
Yes, you can recover compensation for property damage. This includes the cost to repair or replace your damaged motorcycle (or its fair market value if totaled) and your expensive riding gear (helmet, leathers, etc.). A Sargent Law attorney in Carlsbad will fight to include all property losses in your claim.
How do I prove my pain and suffering damages from road rash or a spinal cord injury?
Proving pain and suffering in a Carlsbad case requires extensive documentation. For road rash and spinal cord injuries, this includes medical records, treatment notes, prescription history, psychological evaluations, and testimony from family or experts regarding how the injury has affected your daily life and emotional state.
