The number of licensed motorcycle drivers in California increased by 45.6% between 1998 and 2008. Over that ten year period, there has been a staggering rise in fatalities and injuries to motorcycle drivers – a 164.5% increase in the number of motorcyclists who were killed, and an 85.8% increase in the number of motorcyclists who were injured. A majority of the fatal or serious injuries sustained by motorcyclists were to their head or neck.
When another driver’s negligence causes injury to a motorcyclist, the driver and/or owner is responsible for your damages. If you have been injured in a motorcycle accident, you need a personal injury lawyer. At the Law Offices of Kroger-Diamond & Campos, we will contact the at fault driver’s insurance company for you, file your claim, make the necessary reports to the Department of Motor Vehicles, and aggressively pursue your claim to settlement or trial.
More than half of collisions between motorcycles and other vehicles are caused by drivers who fail to yield the right of way to the motorcyclist; for example, drivers who make left turns in front of you, or cars that pull into your lane from side streets or driveways. While there is more potential for this to occur at an intersection, drivers can also violate your right of way when you are passing parked cars along the roadway, such as when a driver pulls away from a curb without looking, when a car door is opened into your traffic lane, or especially when a driver makes a U-turn in front of you. You are also at risk for sideswipe while you are being passed on a roadway, or a rear end collision if you are being followed too closely.
Roadway conditions can also pose a threat to motorcyclists. Defects such as potholes or uneven pavement, malfunctioning traffic signals, road signs that are not visibly placed, or poor design or construction of the roadway can all contribute to a motorcycle crash. When this happens, the entity responsible for designing, building, or maintaining the roadway can be held liable for your injuries. Keep in mind that in many instances, at least one of the responsible parties will be a government entity, such as the state, county, or city. The deadline for filing claims against government entities is very limited, usually only six months. You should consult a personal injury attorney as soon as possible to protect your rights.
If poor design, manufacture, or assembly of your motorcycle caused or was a contributing factor in your crash, you may have a claim against the manufacturer. Also, if a failure of your safety equipment, such as your helmet or protective clothing, contributes to the severity of your injuries, the manufacturer or seller of the equipment may be held liable.
The experienced attorneys at the Law Offices of Kroger-Diamond & Campos know the law and how it applies to motorcycle accidents. Call us today to discuss how we can help.
Get A Free Case Evaluation
We are here to help you with law questions