Causes of Accidents
Despite what the insurance company may claim, most motorcycle accidents are not caused by the negligence of the rider. Motorcyclists are vulnerable to a unique set of risks on the road, which means that even the most experienced riders can crash. Motorcycle accidents can be caused by several factors, such as:
- distracted drivers
- drivers failing to yield the right of way at intersections
- drivers changing lanes without yielding
- weather and road conditions
- construction zones or road hazards
With motorcycle accidents, a thorough investigation and accident reconstruction is often necessary to determine the cause of the accident and then prove who is at fault. Even if the motorcyclist may be partially at fault in an accident with another vehicle, an attorney familiar with motorcycle accidents can demonstrate that the motorcyclists responsibility for the accident is much smaller than the fault of the negligent driver of the other vehicle.
It is extremely important that all motorcyclists and their passengers use motorcycle safety equipment. The most important piece of protection that a motorcyclist wears is their helmet. If this is defective in anyway, it can strip the rider of their one line of defense. Wearing a helmet in good condition and one that fits properly is essential. A defective helmet may lose it’s protective abilities. A few common defects of a helmet include too thin or too rigid of a shell, too little proper padding, material that doesn’t absorb shock or a faulty chin strap.
If a rider is not wearing a helmet and sustains a traumatic brain injury the defense will attempt to argue that the lack of a helmet was the cause of the injury, and not the accident. In this case, they will attempt to prove that the injury would not have occurred if a helmet was worn. An experienced motorcycle accident attorney understands the importance of selecting the right experts to defeat this type of defense.
Dealing with the drivers insurance company can be a complicated process. Insurance companies have a knee-jerk response that the motorcyclist is either wholly or partially at fault for any motorcycle accident. When faced with this argument you will need to have an experienced motorcycle accident attorney to represent you interests. You will need an attorney who is not afraid to go to trial.
Our motorcycle injury lawyers can handle every aspect of your claim on your behalf. Our attorneys have tried jury trials in the Superior Courts in ten California counties from San Diego to Sacramento. To understand what happens before, during and after a lawsuit is filed, click here.
The motorcycle accident injury law firm Cheong, Denove, Rowell, Bennett & Hapuarachy provides legal services throughout Southern California including the cities and counties of Anaheim, Bakersfield, Beverly Hills, Chula Vista, Garden Grove, Glendale, Inglewood, Irvine, Long Beach, Los Angeles, Murrieta, Newport Beach, Oceanside, Oxnard, Rancho Cucamonga, Riverside, San Diego, Santa Barbara, Santa Monica, Santa Ana, Temecula, Van Nuys, Kern County, Imperial County, Orange County, Riverside County, San Bernardino County, San Diego County and Ventura County..
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