Perhaps one of the worst types of personal injury accidents innocent people can endure comes when riding a motorcycle. Even those with a great amount of riding experience can endure life-threatening injuries when one negligent driver sideswipes or slams into a motorcyclist. As an experienced motorcycle accident attorney, Howard Craig Kornberg has dealt with some horrific bike accidents.
Some drivers just don’t belong on the road. Statistics show a greater amount of motorcycle accidents happen when intoxicated drivers, or those that simply drive too aggressively, partake in California’s many highways and interstates. Many times these reckless drivers are caught until motorcyclists have either lost their lives or are injured too badly to work again.
Negligence in Motor Vehicle Accidents
Negligence is careless behavior that results in harm done to another person. When it comes to motorcycle accidents caused by other drivers, these types of accidents can be negligent when the driver engages in actions that he or she should not be doing behind the wheel of a vehicle.
Motor vehicle drivers can also be held negligent for failing to engage in an action that should have happened. For example, when a driver fails to turn on their signal before attempting to switch lanes or follows too closely behind a motorcyclist or another vehicle, both of these actions can be deemed negligent.
Motor Vehicle Drivers and Reasonable Care
Another element of negligence in a motor vehicle accident involves a driver’s failure to practice reasonable care while operating a vehicle. A driver has a responsibility to use reasonable care when operating a vehicle in order to avoid causing harm to motorcyclists, pedestrians, and other motorists on the road. When a driver does not practice reasonable care and someone is injured as a result, the driver can be held liable for the person’s injuries and other damages.
Elements of a Driver’s Negligence
In a personal injury lawsuit, there are four elements that must be proven in order to prove negligence on the part of the driver:
- The law requires that the driver practice reasonable care.
- The driver was not careful.
- The driver’s conduct caused the plaintiff’s injuries.
- The plaintiff suffered significant loss.
The first element can be proven by the law, which requires all drivers to practice reasonable care when operating vehicles. The second element can be proven by the driver’s actions, such as speeding or failing to stop for a pedestrian. The third element can be proven based on evidence of the plaintiff’s injuries or damages. The plaintiff’s injuries and damages can also serve as evidence of the fourth element.
Holding Drivers Liable is My Job
Once I’m retained by motorcycle accident victims or their families, there’s no stone left unturned or evidence left behind in my quest to hold negligent drivers accountable for causing motorcyclists this pain. But as with every personal injury investigation, there is a process that must be flawlessly executed before bringing claims to insurance companies to request compensation.
Prior to contacting an attorney, victims more than likely get medical attention or undergo an autopsy if they’ve passed away. After this process, victims or spouses will have their chosen Long Beach motorcycle accident attorney to discuss details and begin the process of getting the claim settled. These times are difficult for everyone, so I offer a no-pressure atmosphere during free consultations.
Examples of Reasonable Care for Motor Vehicle Drivers
Some examples of motor vehicle drivers practicing reasonable care include:
- Keeping a proper lookout. Drivers have a legal duty to remain alert and to stay on the constant lookout for other motorists and pedestrians.
- Driving at a reasonable speed. Drivers have a legal duty to operate a vehicle at a practical, safe speed considering other factors like the road, traffic, and weather conditions.
- Proper maintenance of the vehicle. Drivers have a legal duty to make sure that their vehicles receive the proper maintenance in order to continue working properly.
- Maintaining control of the vehicle. Drivers have the legal duty to maintain control of their vehicles at all times. When a driver loses control of their vehicle, they can be held liable for negligence.
Type of Evidence That Motorcyclists Need To Prove Liability and Damages
Motorcyclists who have been victims of motor vehicle accidents must present evidence of any injuries or damages sustained in the accident. Some types of evidence motorists can present in court include:
- Police reports
- Hospital bills
- Medical records
- Documents showing missed work
- Expert testimony from healthcare professionals about the motorist’s recovery
- Pictures of the accident scene, and injuries
Once I get the go-ahead to begin working on your case, I’ll embark on a fact-finding journey that will take me to law enforcement and quite possibly to the scene of the accident. Together with what victims and witnesses disclose happened during the accident, my case against the at-fault driver and insurer will grow progressively stronger. After a rock-solid case has been built, I’ll then approach the defendant’s counsel and the insurer to engage in pretrial settlement negotiations.
At this point, we’re all holding our breaths praying the insurance company cooperates and meets our demands. Should they opt against cooperation, my office will file the case in court where the insurance company can explain to a jury why they’re refusing compensation for an unnecessary motorcycle accident their policyholder caused. Once I’ve got the jury’s attention, you’d be surprised how quickly I’ll get the infamous ‘meeting on the courthouse steps.
Howard Helps Motorcyclists
Finding that perfect motorcycle crash lawyer community with fair fees and ferocious litigation of negligent drivers who injure motorcyclists.
Motorcycle injuries are some of the most terrifying tragedies across all personal injury accidents. Regardless of how much compensation we’re able to get for victims, nothing will be the same for the biker who was innocently rumbling down the interstate because, due to their injuries, they will never ride again. All because of negligence.
If you or someone you love has been victimized by another motorist while riding a motorcycle, schedule your free confidential case evaluation immediately.
