Before diving into the selection process, it’s essential to have a basic understanding of personal injury law and what these attorneys do in California. A personal injury attorney plays a multifaceted role in helping clients navigate the aftermath of an injury, offering both legal and emotional support. Their responsibilities encompass several key areas:
In short, attorneys are not just legal advisors; they are advocates, negotiators, investigators, and, often, a source of emotional support for individuals facing the challenging aftermath of an injury. Their role is to navigate the complex legal landscape on behalf of their clients, aiming to secure the best possible outcome in terms of compensation and justice. That’s why it’s so crucial to find the right attorney for your claim.
There are so many personal injury lawyers in California that finding the right one can seem overwhelming. However, understanding how to vet lawyers can help you find the perfect fit for your case. Here’s how to research and find an attorney who will advocate on your behalf.
The first step in choosing an attorney is to identify your needs clearly. Consider the specifics of your case – the nature of your injury, the complexity of the legal issues involved, and what you hope to achieve through litigation. Are you seeking compensation for medical bills, lost wages, pain and suffering, or punitive damages? Your objectives will shape the type of attorney best suited to your case.
Start your search by gathering referrals from friends, family, or other lawyers. Personal recommendations can provide valuable insights into an attorney’s approach and demeanor. However, don’t rely solely on referrals. Conduct thorough research online, examining attorney profiles, client reviews, and ratings on legal directories. Look for attorneys specializing in personal injury law and those with experience handling cases similar to yours.
When evaluating potential attorneys, consider their experience and expertise in law. Look for lawyers with a track record of success in cases like yours, and don’t hesitate to ask about their experience during your initial consultation. An attorney’s negotiation skills, trial experience, and understanding of California’s laws are critical factors in the success of your case.
Most personal injury attorneys in California offer free initial consultations. Use this opportunity to assess the attorney’s communication skills, empathy, and willingness to explain legal concepts in understandable terms. Ask about their approach to cases like yours, their fee structure, and their assessment of your case’s potential outcome.
Effective communication and a comfortable attorney-client relationship are vital. You want an attorney who is accessible, responsive, and willing to keep you informed throughout the legal process. Gauge their communication style during the initial consultation and consider whether it aligns with your preferences.
Verify the attorney’s credentials and reputation. Confirm that they are licensed to practice in California and have no history of disciplinary action. Additionally, look for memberships in legal associations, such as the California Bar Association or local trial lawyer associations, as these can indicate a commitment to ethical practice and ongoing education in their field.
Understanding the fee structure is crucial. Most personal injury attorneys in California work on a contingency fee basis, meaning their fee is a percentage of the settlement or court award. Ensure you understand the percentage, how it’s calculated, and any additional costs or expenses you might be responsible for.
After meeting with potential attorneys and considering their expertise, experience, communication style, and fee structure, trust your instincts. Choose the attorney who you believe has the best combination of skills, experience, and personal compatibility to handle your case effectively.
Choosing the right personal injury attorney in California is a critical decision that can significantly impact the outcome of your case. By understanding your needs, conducting thorough research, and assessing each attorney’s qualifications and compatibility with your case, you can find a legal representative who will advocate passionately on your behalf and strive for the best possible outcome. If you’re searching for an experienced, skilled attorney for your personal injury case, we encourage you to schedule your consultation with the professionals at the Law Office of Reuben J. Doing. We are dedicated to helping every client achieve justice and compensation for their injuries.
]]>If you or someone you love has been electrocuted, you may have the right to seek compensation for the harm you’ve suffered. Here’s what you need to know about the risks of electrocution and how the personal injury claims process works in California.
Electrocution injuries occur when an individual comes into direct contact with electrical energy, leading to an electrical current passing through the body. This contact can happen in various environments and under different circumstances. The primary ways through which electrocution injuries can occur include:
Building and electrical codes are intended to prevent the risk of electrocution as long as you’re taking reasonable precautions, such as avoiding flooded areas and using products and outlets as intended. If you take reasonable care and you’re electrocuted anyway, it is likely due to another party’s negligence, and they may be liable for your injuries.
Electrocution can cause a wide range of injuries, varying in severity from minor to life-threatening, depending on factors such as the amount of electrical current, the path of the current through the body, the duration of contact, and the voltage. The most common types of injuries caused by electrocution include:
The extent and combination of these injuries depend on the specifics of the electrocution incident, making immediate and sometimes long-term medical treatment necessary to address both the physical and psychological effects. The costs of essential medical care after being electrocuted are often substantial, which is why identifying the responsible party and holding them financially accountable is so important.
If you’ve been electrocuted because of someone else’s negligence, you may have the right to take legal action and pursue compensation. Identifying and holding the responsible party liable involves several steps:
The legal process for any injury claim can be complicated and time-consuming. It’s in your best interest to work with an experienced personal injury attorney to ensure your electrocution lawsuit has the best possible chance of success.
Electrocution injuries carry significant health risks and can have profound impacts on victims’ lives. The legal system provides mechanisms for seeking compensation, but navigating these claims requires a thorough understanding of liability, negligence, and the specific laws applicable to the case. Consulting with legal professionals can help ensure that victims receive the compensation they deserve for their injuries, losses, and suffering. At the Law Office of Reuben J. Donig, we’re dedicated to helping clients like you pursue justice for their injuries. Get in contact with our San Carlos personal injury lawyers today to learn how we can support you with your electrocution injury claim.
]]>The concept of negligence is central to these claims. Understanding how negligence works in a fall claim can help clarify the process of seeking compensation and moving on with your life. Let’s break down how negligence is defined in California, examples of negligence that can cause falls, and what you should do after getting hurt in a fall.
Two fundamental concepts play a pivotal role in determining fault for a fall. First, there’s the “duty of care.”
Property owners or occupiers in California have a legal duty to keep their premises reasonably safe. This includes regularly inspecting the property and fixing or warning about known hazards. The level of care expected can vary depending on the circumstances, such as the type of property and the foreseeability of the accident.
For example, a hotel with a tiled lobby can reasonably foresee that it will get slippery after getting wet, so it must either keep the floor dry or provide plenty of warning to visitors about the potential to slip and get hurt. In contrast, a business in San Carlos, California, cannot foresee a freak ice storm that makes its parking lot slippery, so it is unlikely to have a duty of care to have salt on hand to de-ice the pavement and prevent falls.
The other concept that is necessary to identify negligence is the breach of duty. This refers to a failure to act with the level of care that someone of ordinary prudence would have exercised under the same circumstances. In the context of slip and fall accidents, it implies that a property owner or occupier did not take reasonable care to fulfill its duty to protect visitors. This can look like not cleaning up a spill in a timely manner, not repairing a broken step, or failing to put up warning signs around a hazard.
When someone has a duty of care and breaches that duty, they are being negligent. If that negligence directly causes your accident, the party who breached their duty could be liable for the harm you suffered.
In the context of slip and fall accidents, negligence can manifest in various ways. Some of the most common examples include issues such as:
Each of these issues can be directly responsible for your fall and injuries, leaving the property owner or occupier at fault.
There’s one other factor that can affect fault in California injury claims. California follows a pure comparative negligence system in determining fault. Under this system, if the injured party is partially at fault for their injuries, their compensation can be reduced by their percentage of fault. For instance, if a court finds that the injured party was 20% at fault and the property owner 80%, the compensation awarded to the injured party will be reduced by 20%.
Examples of when you may be partially at fault for your accident include:
However, even if you are primarily at fault for your accident, the pure comparative negligence system may still let you hold the property owner accountable for its percentage of liability. For instance, even if you’re found 75% at fault for your fall if the premises owner is 25% liable, you can still pursue them for 25% of the costs associated with your injury.
Proving Fault in a Slip and Fall Accident
Proving premises liability requires evidence that the property owner knew or should have known about the hazard and failed to rectify it. As a claimant, you need to establish:
To accomplish this, collecting evidence is crucial. If possible, after your accident, gather information like:
You should also seek medical attention as soon as possible – your health is paramount. Additionally, medical records serve as vital evidence in your claim. Keep your medical records alongside a detailed record of the incident, your injuries, and any related expenses.
Once you’ve gotten appropriate medical care, your next step should be to consult a personal injury attorney as soon as possible. An experienced lawyer can guide you through the complexities of your claim, negotiate with insurance companies, and represent you in court if necessary.
Determining fault in slip and fall accidents in California hinges on proving negligence. By understanding the elements of negligence and taking the right steps post-accident, you can effectively pursue a claim against the negligent party.
Consulting with a knowledgeable personal injury lawyer can significantly enhance your chances of proving fault. At the Law Office of Reuben J. Donig, we have years of experience helping people like you hold negligent businesses and property owners accountable for causing falls and injuries. Schedule your consultation today to learn how we can help you prove negligence in your California personal injury claim.
]]>The winter holiday season can make driving more dangerous due to a combination of environmental, behavioral, and situational factors.
In combination, the roads can be substantially more dangerous, especially on the busiest driving days around holiday weekends.
While it may be more dangerous, driving during the holidays is still a necessity. Here are some of the most important precautions you can take to stay safe on the road:
By following these tips, you can significantly reduce the risk of accidents and ensure a safer driving experience during the holiday season.
Responding to a car accident during the holidays, or at any time, requires a calm and practical approach to ensure safety and proper handling of the situation:
In the festive flurry of the holiday season, car accidents present a particular challenge in terms of liability and legal proceedings. Consulting with a lawyer offers not only a professional assessment of the situation but also ensures that your rights are protected and that you receive the compensation you are entitled to. If you’ve been hurt in a holiday car accident, reach out to the Law Office of Reuben J. Donig today. We are dedicated to helping you achieve fair compensation for your car accident injuries.
]]>Year-over-year, motorcycle accident fatalities have risen dramatically annually since 2018, according to the National Safety Council (NSC). At their lowest, there were 5,038 motorcycle fatalities nationally. In 2021, there were 5,932 deaths, making up more than 14% of all traffic fatalities despite motorcyclists making up a tiny fraction of all vehicle miles traveled. This is the highest fatality rate since 2000.
This increase should concern anyone who rides regularly. Let’s explore the statistics around motorcycle accidents, why they are becoming more dangerous, and how to keep yourself safe and respond after crashes.
Statistics don’t lie. According to most metrics, riding your motorcycle is becoming steadily more dangerous.
According to the most current available data, motorcyclists are substantially more likely to suffer severe injuries or death in a crash than other road users. The National Highway Traffic Safety Administration (NHTSA) found that motorcyclists were 24 times more likely to die in a crash than passenger occupants per mile traveled. Furthermore, they were four times more likely to be injured.
This is part of a greater trend. Overall, motorcycle fatalities have been rising since 1998, the earliest year for which the NHTSA has information online. In 1998, there were 2,294 motorbike deaths nationally, for a fatality rate of 22.31 deaths per 100 million vehicle miles traveled (VMT). In 2021, the 5,932 deaths led to a fatality rate of 30.05 per 100 million VMT.
The problem is particularly bad in California. The state is second in the nation for motorcycle accidents annually, just behind Florida. In 2021, 565 riders died during crashes in California alone; that’s nearly 10% of the entire national death toll. In other words, motorcyclists are crashing more often and facing more serious consequences for each crash.
But why are accidents becoming so much more dangerous? Many factors might contribute. According to a 2016 analysis performed by the National Transportation Safety Board (NTSB) on California crashes, the biggest factors putting motorcyclists at risk include:
In short, roads are crowded, drivers are more distracted, and more likely to break the law. Combined, this is a perfect recipe for putting motorcyclists’ lives at risk.
While you cannot control other drivers’ behavior, you can take measures to keep yourself safe. Some of the best ways to avoid accidents and reduce the risk of injuries include:
You can be the safest rider in the world, but it won’t make a difference if someone sideswipes your bike or runs a red light in front of you. If you’ve been hurt in a motorcycle accident, you should get help from an experienced personal injury attorney. You’re likely eligible to pursue damages for your injuries, medical bills, and pain and suffering. At the Law Office of Reuben J. Donig, we can help. Our skilled team has years of experience representing motorcycle accident victims in California. Schedule your consultation today to discuss your accident and discover how we can help you seek justice for your injuries.
]]>There are two fundamental reasons why these crashes have made the news more. The first is simple: derailments and other train accidents have been on people’s minds after the East Palestine disaster, so news outlets are more likely to report on them. The second reason is more of a problem: the rate of train accident injuries and deaths has dramatically risen in California over the past several years, according to the Federal Railroad Administration (FRA). In fact, the accident rate in California increased by 27.3 percent in 2020 and a further 9.9% in 2021.
That’s bad news for anyone who takes trains, travels near railroads, or lives near trains. Here’s what you need to know about the current risks of train crashes and how to hold transit companies accountable for the harm they cause.
The first reason train accidents now seem so common is that the severity of derailments has increased significantly over the past year. Derailments have always occurred semi-regularly. In fact, according to the New York Times, there are more than a thousand derailments every year in the US. However, the cost of these accidents to property and human health has increased significantly over the past seven years. So, what changed?
The answer is regulation. Several years ago, the laws surrounding train safety and the safe transport of hazardous waste were cut significantly. Complying with these regulations cost companies money, so they shed the safety protocols as soon as they were permitted to do so.
Unfortunately, those safety regulations were key for mitigating the potential health risks posed by accidents. For example, the East Palestine train derailment likely occurred due to overheated wheel bearings. The crash would likely not have happened if the transportation company had been required to update its trains to have modern pneumatic brakes.
As a result, train derailments that normally would have been, at most, a local news event are now becoming significant health hazards and environmental tragedies reported nationwide. Overall, train accidents in general have become much more visible.
The increasing awareness of train accidents and derailments comes at an important time. Deaths and injuries in California due to train accidents are on the rise, but the trend may not have received the necessary attention without more high-profile crashes. However, it will take time for new legislation and safety regulations to be implemented. Until then, the best thing you can do to keep yourself safe is to understand the causes of train crashes:
Just one of these factors can lead to serious and even fatal railway accidents. If two or more are present, the risk to the public skyrockets.
Railway companies are often liable for the harm that results when train accidents happen. If you have been injured in a railway accident, you can file a claim to seek damages and compensation for losses like:
Even if you were partially responsible for the accident, California’s strict comparative negligence laws permit you to recover damages based on the other parties’ negligence. For example, you might be found 30% responsible for a crash because you stopped your car too close to the tracks. However, the transit companies may be 70% liable for failing to provide adequate warnings around the tracks. In that case, you could be awarded damages equal to 70% of your losses.
However, filing a claim is more complicated than you might expect. These crashes often require significant investigation to identify all potentially liable parties and determine the factors that led to the incident. Depending on the situation, responsible parties could include:
The most effective way to hold the correct parties accountable is by working with an experienced personal injury attorney like those at the Law Office of Reuben J. Donig. Our skilled train accident lawyers can help you identify who might be liable for your injuries and help you file a claim. Schedule your consultation with our San Carlos personal injury law firm today to discuss the next steps in your case.
]]>Why are pedestrian deaths so much more likely now when every other type of accidental fatality is falling? That’s a good question. A new report by the Governors Highway Safety Association (GHSA) has identified several reasons for the rise in fatal accidents. Here’s what you need to know about why pedestrians are in more danger than ever and what you can do if you’ve lost a loved one in a pedestrian accident.
Numbers don’t lie. According to the most recent report by the GHSA, a well-known safety nonprofit, pedestrian fatalities have risen from just 4,302 in 2010 to an estimated 7,508 in 2022, the highest number since 1981. As numbers are finalized, the 2022 fatality rate may climb even higher.
That’s an increase of 77% in just twelve years, when the US population has grown only 8% over the same time. The increase is particularly shocking because, before 2010, deaths had been falling slowly but steadily for decades.
In contrast, while traffic deaths are also rising, they have not increased nearly as sharply. All other traffic fatalities have increased by 25% since 2010, less than a third as quickly as pedestrian deaths. Something is putting people who choose to walk and bike at greater risk of death – but what is it?
When a trend changes so quickly and dramatically, there’s often more than one factor at play. This is certainly the case for the rising pedestrian death rate. The GHSA report identifies three well-known factors that play important roles in the increasing death rates:
In short, deaths are rising because the roads are filled with bigger vehicles driven by more distracted people, and infrastructure projects have failed to give pedestrians safer ways to travel.
As fatality rates rise, it is increasingly likely that you will lose a loved one to an avoidable traffic accident. While you may be unable to prevent the crash, you can hold the driver accountable for your loved one’s death. The best way to accomplish this is by filing a wrongful death claim on their behalf.
In California, only certain people have standing to file a wrongful death claim. This is intended to limit lawsuits to those directly impacted by the death. You can file a lawsuit if you were one of the following to the deceased:
You can also file if you otherwise had the right to inherit from the deceased.
If you have standing to make a claim, you must determine who is likely liable for the loss of your loved one. This is most commonly the driver who hit them, but other parties could share responsibility, such as:
Including all potentially liable parties in your claim is important to maximize the likelihood that you receive full compensation for your losses.
Once you have determined who may be at fault for your loved one’s death, you can prepare to file your claim. The first step is discussing your case with an experienced wrongful death attorney. Your lawyer will advise you on whether you have a strong case and represent you to insurance companies and in court.
With your attorney’s help, you will submit your claim and notify the potentially liable parties that you are filing a lawsuit. From there, you may negotiate a settlement with one or more parties or go to trial to have them held accountable for your loved one’s death. Should your case succeed, you may receive damages to compensate you for your loved one’s medical and funeral expenses, lost income, lost support, and your own pain and suffering.
More people are going through the nightmare of losing loved ones to pedestrian accidents than any year since 1981. If you’ve experienced this pain, you can seek justice for their death with help from the pedestrian accident lawyers at Law Office of Reuben J. Donig. Reach out to our San Carlos, California, wrongful death law firm to discuss your case and begin your claim.
]]>The world is full of dangerous “attractive nuisances” that act as magnets for young children. These hazards can cause children serious injuries if the owner is not careful. For example, an artificial pond with steep, slick sides and no ladder could be considered an attractive hazard because it is likely to appeal to kids but could cause them to drown if they fall in.
As a parent, you must know the risks of attractive nuisances in your neighborhood. If your child is hurt by one, you may be able to file a premises liability claim to hold the owner accountable. But first, you should understand what constitutes an attractive hazard and how California law regulates them.
Attractive nuisances are features of a property that are dangerous but encourage children to trespass. There are many kinds of appealing hazards, but some of the most common include:
All of these conditions put children at risk of serious injuries. If a child is hurt due to an attractive hazard, they may have grounds for a personal injury claim against the property’s owner.
Historically, California had a specific doctrine regulating attractive nuisances, but it was removed in 1970. Now, property owners have a general duty to keep their properties in a reasonably safe condition for all foreseeable visitors, including trespassers and children. Failing to fulfill this duty may constitute negligence and provide grounds for a premises liability claim.
This duty to reasonable care includes the responsibility to regularly inspect the property and rectify or warn visitors about unsafe conditions. Owners may be liable for any injuries that happen on their property if:
All of these conditions need to be met for a premises liability claim to succeed. Owners are unlikely to be liable for injuries if:
It is important to note that California law no longer differentiates between types of visitors on a property. It does not matter whether someone was invited onto the property or if they were trespassing. All that matters is whether the owner knew or could foresee that someone may visit and whether they kept the property reasonably safe in accordance with that knowledge.
Additionally, California applies “comparative negligence” to many personal injury cases. Accident victims may share responsibility for their injuries if they can reasonably predict something could hurt them. For instance, an adult who climbs up a rickety playground ladder and gets hurt when they fall would likely be considered partially liable for their injuries.
So, what does this mean for children and attractive nuisances? While the doctrine is no longer part of California law, the current premises liability regulations lead to similar results.
A property condition that meets the attractive hazard definition violates premises liability standards in two ways. First, it puts guests at risk, particularly if there are no warnings about the danger. Second, it increases the likelihood that a visitor would be on the property by appealing to children. Owners of appealing hazards must keep their properties safe or prevent access by young trespassers to meet the reasonable care standard.
Furthermore, minors are not subject to comparative liability the same way adults are. Young children do not have the same knowledge and experience as adults, so most courts consider them unable to reasonably foresee that they may be injured. As a result, property owners are more likely to be found 100% liable for dangerous conditions that hurt kids.
Children love to explore. That can put them in dangerous situations if a property owner does not take reasonable care of their premises. If someone else’s dangerous property has injured your child, you may be able to hold them accountable for their negligence. The first step is to talk to an experienced premises liability attorney like those at the Law Office of Reuben J. Donig. Our expert team will listen to your case and help you seek compensation for your child’s injuries. Talk to us today to learn how we can help you with your child’s claim.
]]>If you’re unsure whether you have been hurt badly enough to file a claim, you don’t need to make that decision alone. Instead, you can consider the legal definitions of serious injury.
There are two primary definitions of “serious” injuries according to California state law. They are found in separate parts of the code and apply in different circumstances.
According to the California Labor Code LAB § 6302, a serious injury is one that requires an immediate report to Cal/OSHA. These injuries include:
This section of the code applies to businesses and safe working conditions for workers.
In contrast, in the California Penal Code § 243(f)(4), a serious bodily injury is defined as “a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.” This law is used to define criminal punishments for assault and battery.
These two definitions share significant similarities. Both reference loss of body functions or organs, substantial medical treatment, and disfigurement. However, neither directly applies to personal injury claims. The Labor Code definition only applies to claims eligible for workers’ compensation, while the Penal Code dictates criminal penalties.
There is no single definition of what constitutes a serious injury in civil law. Instead, terms of art like “catastrophic” are used instead. While these do not have a fixed definition, they draw upon the other extant definitions. You have likely suffered a serious injury if it required hospitalization or caused disfigurement or the loss of bodily function.
Serious or catastrophic injuries are not the only reason you may file a personal injury claim. According to California law, you can file a civil lawsuit against another party if their action causes you a financial loss. Regardless of whether your injury meets any of the above definitions, you may still be able to file a personal injury claim if you suffered economic damages because of the incident.
So why do serious injuries matter? It’s a question of scale. The more severe the injury, the greater its impact on your life.
Suppose someone tripped you and you twisted your ankle. While you could potentially file a claim, the damages would likely be low because the injury requires little medical care or time off work.
In contrast, breaking your ankle would lead to significant medical bills. In addition, it could have life-long consequences and may even prevent you from continuing a career if your job requires walking or standing. If you choose to file a claim for that injury, the economic damages would be significantly higher to cover your financial losses.
Additionally, severe injuries often lead to non-economic damages like pain and suffering. If you were formerly a very active person and your broken ankle prevents you from walking without a cane, your quality of life may significantly decrease. In that case, you could pursue damages to compensate you for the pain and suffering you experience because of your new limitations.
When you file a personal injury claim, you are responsible for proving several things:
For instance, suppose you’re hit by another driver who runs a red light, and you break your collarbone. In that case, they had the duty to follow traffic laws and stop at the red light. By running it, they violated that duty. You were harmed by their actions and suffered economic losses, including your medical bills and wages you could not earn because of your injury. If you can prove all these factors according to the preponderance of the evidence, your claim will likely be successful.
The severity of your injuries matters for two reasons. First, they must be significant enough to have caused you an economic loss, or you have no legal basis for your claim. Beyond that, severity dictates the amount and type of damages you’re eligible for.
Depending on the circumstances, proving that your injuries are severe may be more or less difficult. Some injuries are clearly life-changing. Few judges or juries would argue that paralysis, amputations, or visible disfigurement are not severe.
However, if your suffering is invisible, like a concussion, chronic pain, or PTSD, you may need to work with your attorney and expert witnesses to argue your case. You may bring in medical experts to explain what it will take to recover from the accident and what function you have lost forever. You may also have witnesses testify how your behavior and ability to work have changed since the accident to demonstrate how your quality of life has changed.
You do not have to figure out whether you have a personal injury case on your own. If you have been hurt in a California accident, you should contact the experienced, compassionate attorneys at the Law Office of Reuben J. Donig. Our team will work with you to determine whether you have a case and advocate on your behalf to help you receive the full compensation you’re owed. Learn more about how we can assist you by scheduling your appointment today.
]]>If you love riding your motorcycle, you should understand the potential risks you face. You should also understand how motorcycle accident liability works, whether you’ve already been in an accident or want to prepare for a possible future crash. Here’s what you need to know about motorcycle accidents in California, how liability is assigned, and how to ensure you receive fair compensation if you get hurt.
Motorcycles are unique among motor vehicles. They can be operated at highway speeds and used on any road, just like cars and trucks. However, they don’t provide the rider with built-in protection. There’s nothing between the motorcyclist and the road except for their safety gear. There are no airbags, crumple zones, or even basic barriers to keep motorcyclists safe if they’re hit by another driver or forced off the road.
Furthermore, motorcycles are significantly smaller than other vehicles operating on major roads. They are harder to see, which makes accidents more likely. Combined, these factors put motorcyclists at substantially higher risk than any other road user during routine trips.
This is backed up by statistics released in the 2019 Statewide Integrated Traffic Records System (SWITRS) report. This report includes data on all road accidents that led to injuries and deaths in the state for the year. According to the report, licensed motorcyclists are more than three times as likely to be involved in a fatal crash than other drivers. Furthermore, motorcyclists are about a third less likely to be involved in a collision that causes injuries. Why? Because the injuries a motorcyclist receives are more likely to be serious or fatal, while car and truck drivers are more likely to receive mild injuries.
Furthermore, according to the National Highway Traffic Safety Administration (NHTSA), motorcycle fatalities are rising. In 2020, riders constituted 14% of all traffic deaths nationwide, the highest percentage since records began in 1975. There has never been a time when motorcyclists were at greater comparative risk on the road.
Liability is the term used to describe who is at fault for a given accident. California is a comparative fault state, which means that more than one party can be found responsible for a car accident. This is crucial for motorcyclists because it allows riders to hold other drivers accountable for the harm they cause, even if the rider was found to have contributed to the accident.
The SWITRS report lists motorcyclists are being at-fault in about two-thirds of fatal crashes and just over half of all injurious accidents in which they are involved. However, this doesn’t give the whole picture. By their nature, motorcycles are involved in more dangerous single-vehicle accidents than other types of vehicles, which skews the statistics. When these single-vehicle crashes are removed from consideration, it’s clear that motorcycle riders are often not responsible for the accidents that hurt or kill them.
For example, according to the NHTSA, 42% of fatal motorcycle accidents involving another car were caused by the other driver pulling out in front of the rider. Typically, the car or truck was turning left in an intersection while the motorcycle was continuing straight, and the rider couldn’t stop before fatally hitting the side of the vehicle. In these accidents, the other driver will almost certainly be considered at least partially liable for the rider’s death.
This comparative fault determines how much of the calculated compensation the defendant is obligated to pay. For example, if a motorcycle accident victim is awarded $500,000 in damages and the other party is found to be 60% at fault, that party would be responsible for paying $300,000.
Many factors are considered when determining liability in motorcycle accidents, including:
The answers to these questions are often used to determine whether liability rests wholly with one party or if and how it should be split.
It’s clear that motorcyclist deaths and injuries remain all too common in California. If you were hurt in an accident, know you’re not alone. You can take action like thousands of others to hold the driver who injured you accountable and pursue compensation for your medical bills and other losses.
The first step is to discuss your case with an experienced motor vehicle accident attorney. Every case is different, and the best approach will vary depending on your circumstances. That’s where the team at the Law Office of Reuben J. Donig can help you.
Our firm prioritizes your needs from the moment you enter our office. If you have been injured or lost a loved one in a motorcycle crash, we understand what you’re going through. We are deeply familiar with the demands of determining liability in motorcycle accidents and the difference that a successful claim can make for your life. We are dedicated to helping you pursue the compensation you need for your motorcycle accident or wrongful death claim. Learn more about how we can help with motorcycle accident liability cases by reaching out to our San Carlos personal injury law firm today.
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