Motorcycle Rollover Accidents
Motorcycle rollovers may be caused by external forces, such as running over a rough patch of road or colliding with a passenger car, or they may happen because of the vehicle design. If you have been injured in a motorcycle rollover, it is important to retain an experienced Los Angeles motorcycle accident lawyer. At Sharifi Firm, we understand motorcycle culture, the mechanics of riding, and the possible reasons for a rollover, and we may be able to help you recover compensation for your accident.Pursuing Compensation for a Motorcycle Rollover Accident
Motorcycle rollovers may be catastrophic or fatal. Nothing stands between the rider and the pavement, and even when the rider wears a helmet, this may be insufficient to protect against head contusions, brain trauma, or paralysis. Many factors may lead to a motorcycle rollover.
In some cases, the accident is relatively straightforward. A driver of a larger vehicle strikes the motorcycle, and the motorcycle rolls over. In such cases, you will probably need to establish negligence. This means that you will need to prove by a preponderance of the evidence the duty of the other driver, their breach of duty, causation, and damages.
Often, the other driver's insurer will look for reasons that you may have been at fault as a motorcyclist. California follows the doctrine of comparative negligence, which means that the jury will evaluate the total damages and assign a percentage of fault to each party determined to be at fault.
In some cases, part or all of the reason for the rollover is the motorcycle itself. In California, you may bring a product liability lawsuit against a motorcycle manufacturer if a defect in the motorcycle was the cause of your rollover. Usually, the defect in this type of case is either a design defect or a manufacturing defect in the motorcycle or a component of the motorcycle. You may recover compensation under a theory of strict liability if you can establish that you used the motorcycle in a reasonably foreseeable way, the motorcycle was defective when it left the defendant's possession, and the defect caused your injuries. In most cases, your lawyer would need to retain experts to testify as to the existence of the defect and explain how the defect was the cause of the accident and your injuries. The manufacturer may try to argue that you misused the motorcycle.
If a loved one died in a motorcycle rollover accident, it may be considered a wrongful death. This is a loss of life that is a result of someone else's neglect or wrongful act. In California, only certain survivors may bring a wrongful death lawsuit: a surviving spouse, a surviving domestic partner, or a surviving child. When there is no survivor in the line of descent, anyone who is entitled to the decedent's property through the laws of intestacy, such as their parents, may bring the case.Explore Your Options with a Los Angeles Lawyer After a Motorcycle Accident
Although safety devices may reduce the risk of head trauma or death in most cases, a motorcycle rollover accident may be devastating. The injuries may be permanent, and in some cases, they are so severe that they lead to death. At Sharifi Firm, PLC, our Los Angeles motorcycle accident attorneys may be able to help you recover compensation for your injuries. Call us at 1-866-422-7222 or complete our online form to schedule a free consultation. Our firm also represents people who need a motor vehicle collision attorney in Temecula, Rancho Cucamonga, Glendale, Covina, San Bernardino, and Riverside, among other Southern California cities.