Motorcycle collisions often boil down to the disparity in size between a motorcycle and a larger vehicle such as a passenger car. Because of its smaller size, larger drivers may miscalculate speed and distance at intersections and in other situations. A motorcyclist may sustain much greater injuries in an intersection collision than the driver of a passenger car because minimal or no barriers exist between the motorcyclist and the striking vehicle. Even if the force of the vehicle striking the motorcycle does not cause catastrophic injuries, a motorcyclist hitting the pavement due to the impact of a vehicle may suffer severe injuries. If you are a motorcyclist injured in an intersection collision, the experienced Los Angeles attorneys of Sharifi Firm, APC can help you obtain the compensation to which you are entitled.Intersection Collisions in Southern California
Motorcyclists and drivers of larger vehicles may remember intersection collisions differently. It is not uncommon for the driver of a larger vehicle to say that the motorcyclist came out of nowhere, or assert that he or she had the right of way. In cases of hard spills, a motorcyclist may suffer a concussion or memory loss. Experienced attorneys may retain knowledgeable accident reconstruction specialists to determine what happened, and what caused the accident.
A motorcyclist suing for damages will need to show (1) the driver's duty, (2) breach of that duty, (3) actual and proximate causation and (4) damages. All drivers owe a duty to motorcyclists to use reasonable care under the circumstances. Drivers cannot make the excuse that they didn't see a motorcyclist approaching the intersection or already waiting at the intersection. In California, whichever vehicle arrived first at an intersection has right of way. When vehicles arrive at the same time, drivers must allow the driver to the left (including motorcyclists) to go first.
In some cases, a motorcyclist may be partially at fault for an accident. California follows the rule of pure comparative negligence. This means that the jury will look at the motorcyclist plaintiff's total damages and then evaluate the percentage of all parties alleged to be at fault. The total damages will be reduced by the motorcyclist's own degree of fault. For example, in a case where the jury determines that the motorcyclist's damages are $100,000 and that the motorcyclist is 25% at fault, another driver is 25% at fault, and a property owner whose shrubbery was hanging over the stop sign was 50% at fault, the motorcyclist can recover $25,000 from the other driver and $50,000 from the property owner. The motorcyclist will be responsible for $25,000 of his own damages.Consult a Motorcycle Accident Lawyer in San Bernardino
Intersection collisions can be straightforward or complex cases, but it is important to retain an attorney who understands not only the law, but also how to strategically handle a case and bring in all parties so that the greatest recovery of damages can be made. The skillful San Bernardino motorcycle accident attorneys of Sharifi Firm, APC have experience handling intersection collision cases on behalf of injured motorcyclists. We also represent motorcycle accident victims trying to recover their damages in Riverside, Rancho Cucamonga, and Temecula. Contact us at 1-866-422-7222 or via our online form for a free, no-obligation consultation.