- January 20, 2023
- In motorcycle Accident
Each year, between 400-600 motorcycle riders die on California roads. Thousands more are injured in crashes in any given month. Given that California has more than 800,000 registered motorcycles (far more than any other state in the nation), these crash statistics may appear relatively insignificant. The truth, though, is that not a single one of the riders affected by an injurious crash is merely a statistic. Each individual is loved, and unique, and deserves to understand their rights and options under the law. The same is true for the riders who died as a result of their injuries, whose loved ones deserve to understand their rights and options.
If you or a loved one has recently been injured in a motorcycle crash, reach out to The Law Offices of Samer Habbas & Associates, PC, for a free legal consultation today. You can call (888) 848-5084 or contact us online to set up your risk-free appointment. Once we understand the unique nature of your situation, we’ll be able to help you make informed choices about whether to pursue legal action at this time.
Causation And Fault
The question of who is at fault for a motorcycle accident wholly depends upon the circumstances surrounding any particular crash. No two motorcycle accidents ever unfold under the same conditions. As a result, every crash must be investigated thoroughly and objectively before drawing any conclusions about causation and fault.
Generally speaking, anyone who is engaged in reckless, negligent, or intentionally dangerous conduct at the time of a crash could be held liable for harm caused by the wreck. However, there are other entities who weren’t on the road that day that may share some responsibility for the facts of the crash. Companies such as manufacturers of defective auto parts or government agencies tasked with ensuring road safety may also be held partially or totally liable for a crash due to choices made well in advance of a motorcycle crash. This is one of the many reasons why even bikers who have been injured in single-vehicle accidents should explore their legal options.
The state of California honors a legal theory called “pure comparative negligence.” This means that, along with a handful of other states, California extends generous opportunities for compensation to motorcycle accident injury victims and the families of those who have died due to their injuries. Many other states prohibit injury victims from pursuing compensation if they contributed at all to the causation of their accident. Some states impose a partial liability ceiling of 50% so that anyone who is fifty percent or more to blame can’t recover compensation for their injuries. Under these models, if a victim is 49%, 50%, or more than 50% responsible for their harm, they can’t hold anyone else accountable for their contributions to the causes of the crash in question.
California law allows accident injury victims to pursue compensation even if they are 99% at fault for what happened to them. The practical consequence of being partially liable for one’s harm isn’t a lack of access to the justice system. It is simply that the value of one’s compensation is reduced in proportion to the percentage of fault assigned to the victim. Say that a biker is assigned 75% of the blame for their harm, and their case is valued at $800,000. They will remain free to pursue up to $200,000 (25% of the total value of their injuries) from those responsible for the remaining 25% of the fault allocated in the crash.
It is for this reason that if you or your loved one may have been partially responsible for the harm in question, you should still explore your legal options promptly. Depending upon your circumstances, you may be entitled to significant compensation.
Contact an Experienced Motorcycle Accident Attorney
If you or someone you care about has been injured in a motorcycle crash, you may be eligible for compensation. The Law Offices of Samer Habbas & Associates, an experienced team of motorcycle accident lawyers, specialize in motorcycle accident injury claims.
Our lawyers can help you recover lost wages, medical expenses, and other costs associated with your crash injury. To receive a free case review with a motorcycle accident attorney in Orange County, call 949-727-9300 today.
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