Does Personal Injury Law Also Cover Motorcycle Accident Victims?
Everyone knows that motorcyclists endanger themselves by taking to the road, but not everyone knows how much danger pedestrians face. Pedestrians are easy victims of motorcycle accidents, as someone walking along a crosswalk can easily be struck. Although less heavy and smaller, motorcycles also inflict serious, sometimes even fatal, injuries when they crash into pedestrians.
Therefore, does personal injury law make provisions for motorcycle accident victims, or is it only for big cars? Keep reading this article to find out how you can navigate your motorcycle accident experience to get the best outcome.
The Frequency of Motorcycle-Pedestrian Collisions
Most people think it is not often that a pedestrian is hit by a motorcycle, but they could not be more wrong. There have been thousands of cases of these accidents in each state, including California. For example, in San Diego, a report showed that a pedestrian was hit by a motorcycle and suffered life-threatening injuries.
According to the police, the motorcyclist had a green light, and the pedestrian was outside a crosswalk. The pedestrian suffered major injuries, including lacerations and broken bones, and was rushed to a nearby hospital. In an accident many may envision as “not that serious,” this pedestrian was left fighting for his life.
Furthermore, in Modesto, the police reported that a street-racing motorcyclist hit and killed a pedestrian. The driver had lost control of his vehicle, entered the sidewalk, and crashed into a 66-year-old pedestrian. The official reports showed that the motorcyclist was racing with a white BMW when the collision occurred.
While they may not make the front page of papers and news outlets like other accidents, motorcycle accidents are also common. They also leave victims fighting for their lives with huge medical bills to deal with, among other difficulties.
What Does the Law Say Concerning Motorcycle Accidents?
Motorcycle accidents fall under personal injury law, meaning victims can also file a detailed claim against the at-fault party for compensation. “The victim of a motorcycle accident must establish that the driver was negligent in filing a claim and getting the desired compensation. That is, the victim must show that the motorcyclist acted negligently and this negligent action led to the crash,” states attorney Felix Gonzalez.
Depending on your jurisdiction, the case proceedings may also consider your actions. California, for example, is an at-fault state, meaning the victim’s actions also matter in a motorcycle accident case. In the case of pedestrians walking outside a crosswalk (jaywalking), for example, they broke the rules of the road.
As such, they may face certain legal hurdles if they sue the motorcycle for damages. California works strictly with the pure comparative negligence rule, which allows plaintiffs to sue even if they share blame for the accident. This means the pedestrian’s family could receive a partial settlement since they were partially responsible for the accident.
The racing motorcyclists are at fault because they broke two traffic rules: racing and veering onto the sidewalk. Their actions made them 100 percent liable for the accident; therefore, they will pay the victim the full compensation.
How legal professionals can help
If you were involved in a motorcycle accident, you might want to hire a motorcycle accident legal professional. They can help you navigate the complexities of the legal system and rules governing motorcycle accident cases. Also, they can help you prove that the at-fault party was negligent and liable for the accident, ergo, your injuries.
Conclusion
Book a consultation and discuss with a motorcycle accident attorney at any reputable law firm to commence your case. Then, hire a competent lawyer whom you will work with to hold the motorcyclist accountable and obtain fair compensation.