Exploring Santa Rosa on a motorcycle is a thrilling experience. That excitement can quickly turn to horror, however, any time a motorcyclist is involved in a Santa Rosa car-motorcycle collision. Motorcyclists have very little chance of escaping these accidents free of injury. Injuries incurred in motorcycle accidents are not only life-altering and painful to recover from, they are also expensive to treat. What many motorcyclists do not understand is that there is often compensation available.
Any motorcyclist who wishes to seek compensation after an accident must speak to a Santa Rosa motorcycle accident lawyer who can help. These types of personal injury lawsuits are complex and can drag on for months, or even years. An attorney can help expedite the process, and give motorcyclists their best chance at receiving compensation.
Negligence and Negligence Per SeMotorcyclists are owed the same duty of care as any other driver on the road. This means that other motorists need to yield to motorcyclists when appropriate, watch out for bikers, and leave them plenty of room. When they fail to do any of these things, or they act in any other unsafe manner that puts motorcyclists at risk, they are acting negligently.
Negligence is the legal concept upon which most personal injury cases rest. When a person acts negligently, the courts consider him or her at fault for any accident that arises from the negligence. If the accident resulted in injuries to the biker or anyone else, the injured individual can file a lawsuit to hold them liable for paying any costs associated with that injury. This legal concept holds true for all auto accidents, including Santa Rosa car-motorcycle collision cases.
In many cases, the burden of proof lies with the motorcyclist after a crash. This means they must prove the driver was negligent. However, another legal concept, negligence per se, often means the biker does not have to prove this. Negligence per se applies to cases in which the driver violated a traffic law. Running a red light and speeding are two examples of negligence per se. When a biker is hit by a driver engaging in these behaviors, the biker only has to prove that the driver violated a traffic law.
Proving negligence is difficult, and sometimes proving negligence per se is, as well. Anyone involved in a motorcycle accident should speak to a lawyer who can help them obtain this proof.
When the Driver Assigns BlameDrivers do not want to accept blame for an accident. No one does. Drivers, just like anyone else, are also very stressed after an accident. They may leave their vehicle while screaming that the Santa Rosa car-motorcycle collision was all the biker’s fault. This is normal, but it is important that the biker does not feed into that emotion.
It is important bikers do not accept fault, or try to assign blame. This is not something to discuss in the moments after an accident. Liability is only established in a courtroom. The biker and the driver should only exchange information and then contact their attorneys. This is always the safest course of action after an accident.
Get the Right Santa Rosa Car-Motorcycle Collision LawyerThe moments after an accident are certainly confusing, but a motorcycle accident lawyer in Santa Rosa can help clear things up. An attorney will collect all information pertaining to the accident, including evidence gained from his or her own investigation. After reviewing all the facts, your attorney will begin building a strong case that shows the other driver was negligent and should be held liable for providing compensation. An attorney can do all of this, while injured individuals focus on their own recovery.
If you have been injured in a motorcycle accident, contact the Brod Law Firm at (800) 427-7020 as soon as possible. We know you may be eligible for compensation and we want to be the ones to help you get it. Do not try to deal with the aftermath of a motorcycle accident on your own. Call us today for your free consultation.