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Obstacles Frequently Encountered When Establishing Liability in a Motorcycle Accident in California

Compared to nearly every other type of vehicle, motorcycles are exceptionally dangerous. Motorcycle riders are not only exposed to outside hazards, but they are also incredibly susceptible to wavering roadway conditions. Even the smallest motorcycle accident can have devastating consequences for the rider.

Accident Responsibility

In most cases, motorcycle accidents are caused by the carelessness of the other driver involved. Accidents can be caused through the following negligent actions: Distracted driving, Driving while under the influence, Failure to follow traffic laws, and Driving while sleep deprived.

When the accident has been caused by the other driver, establishing responsibility for the accident can be accomplished by a police report or through witness testimony. Unfortunately, establishing responsibility is not always that simple.

Third-Party Liability

It is not uncommon for a motorcycle accident to be caused by a third party. Some motorcycle accidents can be caused by a mechanical failure or as a result of a defective design. Mechanical failures can occur through any of the following: Defective brakes, Contaminated fuel lines, Defective or broken steering mechanisms, Broken throttle, Corroded battery connectors, Broken chain or slippage in the chain, or Defective tires.

Similarly, a mechanical failure can occur on behalf of the other party involved. Generally, mechanical failures in regular passenger vehicles will occur as a result of: Defective steering mechanisms, Faulty brakes, or Tire manufacturing defects.

Accidents Caused By Poor Road Conditions

It is worth noting that accidents can also be caused by poor road or highway conditions. Common examples of this can include: Potholes or cracks on the road’s surface, Missing, damaged, or obstructed road signs, Lack of rumble strips on the highway, Faded lane markings, Road debris, Drop-off on a road shoulder, Missing guardrails, or Poor traffic management around a construction zone.

What To Do After a Motorcycle Accident

Whether the motorcycle accident was caused by a negligent driver or a third-party, knowing what to do after the accident can help protect the right to compensation. The following steps can help establish a strong personal injury claim: Obtaining a medical evaluation immediately after the accident, Filing a police report, Obtaining the contact information of all drivers involved, Obtaining the contact information of witnesses, and Taking pictures and video of the property damage and scene

Beware of the State’s Statute of Limitations

Filing a personal injury claim is subject to California’s statute of limitations. To file a claim against a private party, the claim will need to be filed within two (2) years from the date of the accident. On the other hand, if the claim is being filed against a government agency, the claim must be filed within six (6) months from the date of the accident.

It is important to adhere to the deadlines when filing a claim. Failing to file a case on time will invalidate the claim and there will no longer be an opportunity to recover compensation for the injuries sustained in the accident.

Hire the Legal Support of a Well-Versed Personal Injury Law Firm

If you were injured in a motorcycle accident, there may be an opportunity to recover monetary compensation for the injuries sustained. Depending on the specifics of your case, establishing responsibility can be a complicated effort. Speak to a knowledgeable attorney who will investigate the case and help you obtain the compensation you deserve.

The personal injury litigators at  SANFORD A. KASSEL, A Professional Law Corporation are exceptionally experienced in handling complex motorcycle accident cases in California. After a motorcycle accident injury, obtain the legal advocacy of a qualified attorney; consider contacting the support of the attorneys at  SANFORD A. KASSEL, A Professional Law Corporation today.

SANFORD A. KASSEL, A Professional Law Corporation

Sanford A. Kassel is one of San Bernardino's preeminent trial lawyers. He has the resources, expertise and raw talent to handle even the most complex personal injury, medical malpractice, wrongful death, and employment law cases throughout Southern California. Sanford has maintained his offices in San Bernardino since he began practicing law in 1981. He is second generation of a multi-generational family of the Kassel/Katz Family of lawyers in the Inland Empire, whose experience spans over 50 years.

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