Since California is a “tort” or “at-fault” state, you are required to prove negligence if you want to file a personal injury lawsuit and recover a settlement.
Most of us are aware of the fact that motorcyclists put themselves in serious danger whenever they take to the road. But what most people don’t realize is that pedestrians are also in danger when these vehicles take to the road. Someone walking across a crosswalk can easily be struck by a motorcycle, and these accidents can lead to serious injuries. In some cases, these accidents can be fatal. Although motorcycles are smaller than cars, they are still quite heavy. When you combine this with high speeds, they become seriously dangerous. But how can you work with your lawyers to sue motorcyclists for these accidents?
Pedestrians Are Frequently Struck by Motorcycles in California
If you think that a pedestrian being struck by a motorcycle is a rare, freak occurrence, think again. There are many examples of these accidents within the past few months and years in California. In October of 2022, it was reported that a pedestrian had suffered life-threatening injuries after being hit by a motorcycle in San Diego. Police stress that the pedestrian was crossing outside of a crosswalk and that the motorcyclist had a green light. The pedestrian suffered broken bones and lacerations, and he was quickly transported to a nearby hospital where he fought for his life.
Also in October, Modesto police reported that a pedestrian had been struck and killed by a street-racing motorcyclist. The motorcyclist lost control of his vehicle after approaching slow-moving traffic. He veered onto the sidewalk and struck a 66-year-old pedestrian. This motorcyclist was allegedly racing with a white BMW at the time of the crash.
Proving Negligence in a Motorcycle Pedestrian Accident
Since California is a “tort” or “at-fault” state, you are required to prove negligence if you want to file a personal injury lawsuit and recover a settlement. This means that you will need to show that the motorcyclist was acting in a negligent manner prior to the crash. Your own actions may also be taken into account. For example, in the first story we mentioned, the pedestrian was hit while crossing the road outside of a crosswalk. Technically, this means that he was jaywalking.
Busy pedestrian intersection; image by Ernest Ojeh, via Unsplash.com.In other words, his family may encounter legal hurdles when attempting to sue the motorcyclist for damages (if they decide to sue). However, California’s “pure” comparative negligence system allows plaintiffs to sue even if they were partly responsible for their own injuries. For example, this victim’s family could receive a partial settlement even though he was jaywalking at the time of the crash. In the second example, the motorcyclist would be held 100% liable for the crash. Not only was he street racing at the time of the crash, but he also veered onto the sidewalk.
Where Can You Find Motorcycle Accident Lawyers in Sacramento?
If you’ve been searching for Sacramento motorcycle accident lawyers, rest assured that there are many legal professionals who can assist you. Once you book a consultation with these California motorcycle accident lawyers, you can immediately get started with an effective action plan. From there, you work with motorcycle accident lawyers to hold negligent motorcyclists accountable and pursue a fair settlement. Reach out to qualified accident lawyers today.
Sources:
https://www.sandiegouniontribune.com/news/public-safety/story/2022-10-20/pedestrian-suffers-life-threatening-injuries-after-being-hit-by-motorcycle-in-egger-highlands
https://www.abc10.com/article/news/local/modesto-police-man-dies-from-injuries-after-street-racing-accident/103-b278754c-99b8-4dc7-af65-05805e775969
If you have further questions about this article or legal concerns call 800-672-3103.
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