Motorcyclists nearby are often very competent and a lot more conscientious than other motorists. However, a motorcycle’s lack of protection still means that they have a high risk of seriously being injured in an accident. You may benefit from obtaining assistance from a Modesto motorcycle accident attorney near you if you or a loved one was injured in a motorcycle accident. Your lawyer will understand the circumstances of your accident and the unique aspects of motorcycle accident law, and will stop at nothing to obtain you the compensation you deserve for your injuries. Our Modesto personal injury lawyers are here to help.
Why You Should Hire A Modesto Motorcycle Accident Lawyer
You may be eligible for financial compensation if you or a loved one was injured in a motorcycle accident which was caused by another driver’s reckless or careless actions, or if faulty maintenance or defective parts caused your motorcycle to malfunction and crash. You may experience difficult financial burdens because of personal injury, lost wages, property damage, pain and suffering and other factors. You can alleviate these burdens by pursuing a financial recovery from those responsible for your injuries and damaged property with the help of an experienced Modesto motorcycle accident lawyer. Your lawyer can assist you in pursuing a wrongful death claim if you have lost a loved one in a motorcycle accident. Call Nadrich Accident Injury Lawyers today for a free consultation with one of our experienced Modesto motorcycle accident attorneys.California Motorcycle Accident Law
Personal injury lawsuits involving motorcycle accidents will typically include a claim that the at-fault driver was negligent. Negligence means failing to act as carefully as a reasonable person would under the same or similar circumstances. California law contains five elements of a negligence claim. “Elements” are building blocks of legal claims. Plaintiffs must establish the following elements by a preponderance of evidence in a motorcycle accident claim:- Duty: Defendants are duty-bound to behave in a certain way towards an injured motorcyclist. The defendant in a motorcycle accident involving a commercial truck or passenger vehicle would be the driver at-fault for the accident. Passenger vehicle and commercial truck drivers almost always have a legal duty to exercise reasonable care towards motorcyclists.
- Breach of duty: The at-fault driver must breach their duty to exercise reasonable care. California courts might assume a driver breached their duty of care if they break a traffic law and collide with a motorcyclist. This theory is known as “negligence per se.”
- Cause-in-fact: Injured motorcyclists need to prove the at-fault driver actually caused their injuries and other damages. This is sometimes known as “but-for” causation since injured motorcyclists need to show that but for the actions of the at-fault driver, the motorcyclist would not have sustained their injuries and other damages.
- Proximate cause: At-fault drivers in motorcycle accidents are only legally and financially liable for harm the motorcyclist suffered which was foreseeable as a result of the accident. Injuries are considered foreseeable consequences of negligent driving in most California motorcycle accident lawsuits.
- Damages: Injured motorcyclists need to demonstrate their accident caused them to suffer legally recognized harm. This harm is usually in the form of injury, damage to the motorcycle or financial losses.