This is Part Four in a series of blog articles on California Personal Injury (PI) law.
California Vehicle Code (CVC) Section 27803 essentially states that it is unlawful for any driver, operator, or passenger to ride on a motorcycle, motor-driven cycle, or motorized bicycle without wearing a safety helmet that meets the requirements of CVC Section 27802. Despite the safety laws, and other personal protective equipment such as leathers and reinforced boots that are available to riders, accidents involving motorcycles can be some of the most catastrophic motor vehicle accidents to take place on our highways. The National Highway Traffic Safety Administration (NHTSA) estimated that 4,985 deaths were incurred by motorcyclist in the United States in 2018, as a result of motorcycle related crashes. In 2018, NHTSA also estimated that motorcyclist were 27 times more likely than occupants of a passenger car, to die in a vehicle accident.
There are a number of potential circumstances which can cause a motorcycle (MC) accident. These include, but are not limited to the following: weather conditions, unsafe road conditions, operators of a passenger car turning into or cutting off a motorcycle in an adjacent lane, mechanical malfunctions, and striking a stationary object such as a highway sign. It is important to seek medical attention as soon as possible, as the types of injuries (e.g. brain, spinal column, neck, internal bleeding) can be catastrophic and devastating that might be suffered by a motorcyclist.
To the extent possible, try and obtain as much information as you can regarding the following:
1) Identity of other drivers;
2) Make and model of other
vehicles;
3) Insurance information;
4) Any eye witnesses (including bystanders and passengers);
5) Responding medical, law enforcement, and fire agencies involved;
6) Road conditions;
7) Weather conditions;
8) Highway signage;
9) Date, time and location of the incident;
10) Presence of alcohol or any drugs (including over the counter or prescription medicines) at the scene;
Any official accident and medical reports generated by the responding agencies can and should be obtained once those reports become available. Medical records can and should also be obtained from any and all treating medical facilities, physicians, and rehabilitation centers once they become available. Ideally, you should have a competent personal injury (PI) attorney coordinate the gathering of these reports and records in your behalf.
Determining who is at fault and how much liability can be attributed to each person or entity, is something that is best established during the pre-trial discovery phase of a lawsuit (when the parties, through their attorney’s offices, exchange information they have gathered about the case with each other). The discovery phase of a lawsuit is regulated by California’s Code of Civil Procedure. The types of damages (monetary awards) that may be available to a victim of a motorcycle accident – like in most PI lawsuits – fall into two (2) general categories: economic and non-economic damages. Economic damages can include an award for medical expenses, medicine, lost wages, and physical disfigurement, as examples. Non-economic damages would typically include an award for pain & suffering.
Since everyone's case is unique to that individual and the specific circumstances, you should consult with a competent Motorcycle Accident attorney, to determine your best course of action. Our office has expertise in this area of the law, and we encourage you to reach out for a free consultation. Attorney Felicia Yates has been practicing law for over 35 years in California and may be contacted at (702) 817-4661, via e-mail at attorneyfeliciayates@gmail.com, or via website at https://www.attyfeliciayates.com.
Comments
Post a Comment