San Diego Motorcycle Accident and Your Rights

By admin

Because of the increased susceptibility of an open air motorcycle, motorcyclists experience catastrophic accidents. 80 per cent of all victims suffer an injury. Estimates cite about 50,000 people are hurt annually in motorcycle accidents in the United States alone. Of these 50,000, 3,000 will die. For those who survive, they may endure crippling injuries.

If you or a loved one has experienced serious injury or death during a motorcycle accident, it is advisable to seek compensation with the assistance of a qualified motorcycle accident attorney. Your case rests on proving that it was the other person’s fault that caused the accident.

For example, your attorney will attempt to prove the other driver was speeding, was under the influence of drugs and/or alcohol, was reckless, not paying attention to signs and road conditions, and acting wrongfully or negligently. Your attorney will attempt to prove their liability.

 It is important, however, to know the law in California regarding motorcycles before you can prove the other person liable. First, all motorcyclists must wear a helmet. It is the law.

Secondly, lane sharing is legal in California. This signifies that cyclists can ride in between lanes in order to pass vehicles. There used to be stipulations about what was safe and unsafe lane sharing in the California Highway Patrol handbook, but that part has been deleted. Now they state, that you lane share in any safe and prudent manner. This means that you are not going faster than 35 miles per hour and you should not be driving 15-20 miles an hour faster than the traffic you are passing. Claude Wyle, member of the Advocate Law Group, disputed the fact that lane sharing is not safe. “It is much easier for a motorcyclist to get through a traffic jam by lane sharing than it is to be sitting there stuck in between cars. A motorcyclist has a better potential for getting rear ended than a car because he’s more difficult to see. There’s only one taillight. There’s just a body of a human instead of a body of a car and it’s better for that motorcyclist to get out of trouble as long as they do it safely and prudently.”

Motorcycle accidents commonly result in serious injury and death. Motorcycle accident victims are, in fact, 26 more times likely to die in an accident than their motor vehicle counterparts. This is due to the open nature of the vehicle, as well as its size. It’s hard to see motorcycles on the road. In addition, drivers are unaware of how to drive close to a motorcycle and their negligence can be deadly.

In addition to other drivers being liable, highway officials may be found negligent if there are unsafe road conditions. If the accident was due to a faulty or defective part, the motorcycle manufacturer or auto manufacturer may be liable. Be aware of a statute of limitations during which you can sue.  Call us today for a free consultation of your motorcycle accident case.