What If They Claim the Collision Was My Fault?
Our law firm sees that many motorcyclists wipe out because drivers forced them to take evasive maneuvers. What may look like “a single-vehicle collision” on the outside really needs to be investigated. As we assess your claim, we will look at its strengths and weaknesses and devise the best strategy possible. But you should know that even if you are found partially to blame for the accident, that's no reason not to file a lawsuit. California works on a standard known as “comparative negligence,” which means if the driver was 90% responsible for your stay in the hospital, he is on the hook to pay 90% of all your related bills!
Bikers are acutely conscious of the dangers they face, and less likely to make risky maneuvers. Car occupants in their steel cages don't tend to be as watchful. Most crashes in Orange County are caused by:
Another thing we should mention is lane-splitting. It is perfectly legal in California, so the fact that you were lane-splitting cannot be held against you in an accident. Tourist drivers cannot use “I didn’t know” as a defense.
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Lane splitting refers to when a motorcycle drives through lanes of traffic, rather than staying in one lane. Currently, California is the only state where lane splitting is legal. With the Californian population constantly growing, and thus our traffic becoming more and more dense, it is no wonder that lane splitting is so common amongst bikers.
However, many car drivers don’t bother looking before they switch lanes. This leaves motorcyclists at risk of severe injury. Often times, even in clear cases of driver negligence, the biker is blamed for the ensuing accident.
This isn’t fair, and you shouldn’t be liable for someone else’s poor decision making. When lane splitting, be sure to drive under the speed limit, don’t cut off cars, and avoid weaving through traffic as much as possible. If you follow the law and stay alert, the driver responsible for the accident will have no way to pin the blame on you.
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The Compensation You Deserve
To preserve your net recovery after paying for your bills, fees, and long hospital stays, it’s important to pay attention to your medical management. Your health insurer or the hospital will seek reimbursement from any money you recover from the motorcycle accident case. Our experienced Orange County car accident attorneys will negotiate this reimbursement to preserve the maximum amount for you.
The pain and suffering a motorcycle accident victim suffers may go far beyond physical problems. We know to ask for compensation for:
- Diminished cognitive abilities
- Inability to return to one's previous job or need to obtain new employment
- Changes in personality
- Severe financial pressure caused by multiple doctors' visits, multiple surgeries, prescription medications, and physical rehabilitation, among other issues
We don't just ask for it; we know how to get it. If you've been injured in a motorcycle accident in Costa Mesa or Orange County as a result of someone else's negligence, we urge you to contact us immediately, so that you can get the compensation you deserve. Allen, Flatt, Ballidis & Leslie has won hundreds of millions in verdicts and settlements for our clients since 1974. We will do our best for you as well. Call (949) 752-7474 to schedule your case evaluation.
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