Cypress Motorcycle Accident Lawyer
Heidari Law Group
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Motorcycle accidents often have catastrophic consequences for the motorcyclist. After all, a person riding a motorcycle has little protection from the outside elements, aside from a helmet and perhaps some pads. But this will not do much if a motorcycle is struck by a car or truck.
If an accident was the result of a motorist or other third-party negligence, the injured motorcyclist has the right to take legal action and demand compensation. A qualified Cypress motorcycle accident lawyer can provide invaluable legal advice and representation. At the Heidari Law Group, P.C., we represent motorcycle accident victims and their families who seek assistance in rebuilding their lives following a collision.
Motorcycle Accidents & Negligent Drivers
Motorcyclists have the same rights and responsibilities as any other vehicle on the road. Unfortunately, drivers of cars and trucks often do not see it that way. Many motorists fail to keep a proper lookout for motorcycles, which often leads to otherwise preventable accidents. In addition, various road hazards and even a defect in the motorcycle itself may lead to a potentially fatal accident.
In any personal injury case, the plaintiff must prove the defendant was negligent in violating some legal duty of care. With respect to motorcycle accidents, this includes driving in a manner that violates the traffic laws or otherwise endangers the safety of a motorcyclist who is following the rules of the road. For example, a person who makes an improper lane change in their car and strikes a motorcycle is negligent. So too is a driver who is speeding, drunk, or fails to obey a stop signal.
While traffic violations often lead to minor “fender benders” when two cars are involved, when a car or truck driver strikes a motorcycle it is often far more severe. Common injuries in motorcycle accidents include road rash, broken bones and joints, neck and spinal cord injuries, traumatic brain injuries, internal bleeding, permanent disfigurement, and in serious cases death. Even in non-fatal cases, the victim may require substantial medical treatment and rehabilitation.
All of these losses and more are classified as legal damages. And a negligent driver can be required to compensate a motorcyclist for such damages. In cases where a motorcyclist dies from their accident injuries, the family can also file a special type of personal injury claim known as a wrongful death lawsuit.
Motorcycle Accidents, Premises Liability & Product Liability
As previously noted, negligent drivers are not the only potential cause of a motorcycle accident. Many motorcyclists are injured or killed each year due to improperly maintained roads. The property owner–usually a city or county in the case of roads–can be held liable for such injuries under California’s premises liability laws. The injured motorcyclist needs to prove that the road was in a “dangerous condition” at the time of the accident that created a reasonably foreseeable risk of injury, and that the city or county took no action to correct the problem despite having actual or constructive notice of the problem.
And with respect to defects in the motorcycle itself, the companies that manufactured, designed, or sold a defective bike or any of its parts can be held responsible for an accident victim’s injuries under California’s product liability laws.
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It is always a good idea to speak with an attorney following a motorcycle accident. In many cases the actual cause of the accident is not clear and a lawyer can assist you with conducting a full investigation. For instance, an accident may not be the result of a negligent motorist but rather poor road conditions or a mechanical defect with the motorcycle itself. In these situations there may be other public or private entities who are liable for a motorcyclist’s injuries.