Fatal Motorcycle Accidents
Motorcycles are one of America’s favorite hobbies and easiest modes of transportation. Thousands of people use a motorcycle as their primary mode of transit, especially in the Bay Area where traffic can be notoriously bad. For the same reasons that motorcycles offer a fun and uninhibited experience on the road, they also pose severe dangers to their riders. Motorists often fail to see motorcyclists on the road, leading to major accidents. Since riders lack the same structural protections as people in a vehicle, they are more likely to suffer injuries during a collision. Motorcycle accident lawyer Stephen M. Fuerch has provided legal counsel to injured Fremont residents and other individuals for over 35 years.Establishing Liability in a Motorcycle Accident Case
In most personal injury actions, a plaintiff must prove that the defendant acted negligently and that the defendant’s negligence was a direct cause of the victim’s harm. In order to show negligence, the plaintiff must first prove the level of care that the defendant owed to the plaintiff at the time of the accident. The law generally requires each of us to exercise the same ordinary care and skill that a reasonably prudent person would use in a similar situation. This standard takes into consideration the factors and circumstances at play during the time of the collision. In motor vehicle accidents, for example, the duty of care requires all drivers to obey traffic laws, operate their vehicles safely according to current weather conditions, and check for pedestrians, bicyclists, and motorcyclists when navigating the roadways. A failure to meet this standard of care constitutes a breach, which means that the defendant acted negligently.
After showing that the defendant was negligent, the plaintiff has to show that the negligent action was the direct cause of his or her injuries. In situations where the defendant’s negligence is based on a violation of a traffic law, it is relatively easy to show causation because the duty of care requires all motorists to obey applicable traffic laws. For example, if the motorist failed to use a turn signal when changing lanes, resulting in a collision with a motorcycle traveling in the adjacent lane, the motorcyclist could show that he or she would not have been injured had the driver used his or her turn signal as required by law.
The last step to recovering damages in a personal injury action involves providing documentary and testimonial evidence of the damages that you have suffered. One of the most common categories of damages in a motorcycle accident case is medical expenses. Physical therapy, out-of-pocket expenses, and lost wages due to time spent away from work are also typical items of compensation that a plaintiff can seek at trial. Motorcycle accidents unfortunately involve a high number of traumatic brain injuries, spinal cord traumas, and even death. If a rider tragically loses his or her life as a result of the crash, his or her loved ones can potentially bring a wrongful death claim seeking compensation for the loss of their family member.Enlist a Fremont Lawyer to Seek Compensation for Your Injuries
If you or someone you know has suffered injuries in a motorcycle accident, there is no need to go through the legal process alone. At The Law Office of Stephen M. Fuerch, we know just how difficult this time can be for you and your family. Injury attorney Stephen M. Fuerch fights for the rights of accident victims in Fremont and elsewhere in the Bay Area. We have served many individuals in Pleasanton, Dublin, and Contra Costa, among other communities. Call 1-925-463-1073 or contact us online to set up a free consultation today.