How to Prove Fault in a Motorcycle Accident in California?

How to Prove Fault in a Motorcycle Accident in California

The aftermath of any vehicle accident can be traumatic, but motorcycle accidents are more likely to result in severe injuries than most other vehicle accidents. You may need first responders to provide medical attention, and you may not be able to move.

If you are able to do so safely, call 911 to report the accident and wait for help to arrive. Knowing what to do after a motorcycle accident in California is essential for protecting your health and legal rights. After you receive medical treatment, you should consult a California motorcycle accident attorney right away.

The California Office of Traffic Safety reported 583 deaths from motorcycle crashes statewide in 2023, and while motorcycle accidents may be less common than passenger car accidents, the results are often far worse. If another party caused your recent accident, your California motorcycle accident attorney will know what evidence you need to prove fault for the accident. This evidence may include:

Photos of the scene of the crash. If you are able to do so safely while you wait for first responders to arrive, take photos of your injuries, the damage to your vehicle, and the surrounding area.
Vehicle black-box data. The event data stored in a vehicle’s onboard computer may show the speed at which a vehicle was traveling just before impact, steering angles, and brake application. This data could help prove which driver is responsible for the crash.
Cell phone data. Your attorney may try to secure the other driver’s cell phone records, which may prove that they were texting while driving just before the accident happened.
Witness statements. If anyone saw your accident happen firsthand, your attorney can take statements that may assist you with proving fault for the accident.
Traffic camera footage. Many busy roads and intersections in California have traffic cameras installed, and your attorney may seek copies of the footage captured around the time your accident happened if any footage is available. This video evidence may show exactly how the accident happened.

These are only a few examples of the types of evidence you may need to prove fault for a motorcycle accident in California. Beyond these forms of physical and digital evidence, an attorney may also attempt to secure expert witness testimony to help with your case. Engineers, accident reconstruction experts, and medical professionals are just a few of the expert witnesses who could contribute meaningful insights to a personal injury case in California.

Ultimately, no matter how your recent motorcycle accident happened, if you believe that another driver is to blame, you need to know how to establish fault so you can recover compensation for the damages you suffered. The team at Bentley & More LLP has years of proven experience handling these cases for clients throughout California, so reach out to our firm as soon as possible to learn how we can help with your case.

FAQs

What Are the Most Common Causes of Motorcycle Accidents in California?

A few of the most common causes of motorcycle accidents in California include distracted driving, speeding, and moving violations. Accidents most commonly result from driver negligence, but they may also result from illegal misconduct, such as drinking and driving. However your recent accident happened, if another driver caused it, you should hire a motorcycle accident lawyer right away so they can start gathering evidence to help your case.

Is California a No-Fault State for Motorcycle Accidents?

No, California is not a no-fault state for motorcycle accidents. All accidents involving multiple parties are resolved based on fault, and every driver in the state must have auto insurance. If two or more drivers are involved in an accident, whichever driver caused the crash is liable for the resulting damages, and multiple parties could share fault in some cases. It is also important to understand the differences of motorcycle accident vs car accident insurance claims during this process.

What Happens if I Share Fault for a Motorcycle Accident?

If you share fault for a motorcycle accident, you may still be able to recover compensation for your damages, but you face a reduced recovery under California’s pure comparative negligence law. In a personal injury case in which the plaintiff shares fault with the defendant, the percentage of fault assigned to the plaintiff is reduced from their total compensation. Consult an attorney right away if you are concerned about sharing fault for your recent accident.

What Damages Can I Claim in a Motorcycle Accident Case?

The damages you can claim in a motorcycle accident case include any economic losses you suffered, such as vehicle repair costs, medical bills, lost income, and lost future earning capacity. Additionally, the plaintiff in a personal injury case can claim pain and suffering compensation from the defendant. Your California motorcycle accident attorney can estimate the total potential value of your case and help you resolve the case efficiently.

Why Should I Hire a Motorcycle Accident Lawyer?

You should hire a motorcycle accident lawyer because proving fault for your accident is likely to be more difficult than you expect. The evidence you need to prove fault will be difficult for you to obtain on your own, and you do not want to make an already challenging situation worse by attempting to handle your case alone. Hire a motorcycle accident lawyer to help you prove fault and pursue compensation for your damages.

Have Questions? We’re Here to Help

The attorneys at Bentley & More LLP have years of proven experience handling many types of accident claims for clients throughout California, including motorcycle accident cases. If you are unsure how to prove fault in a motorcycle accident case in California, we are ready to assist you. Contact us today to schedule your free consultation with a California motorcycle accident attorney.

About the author: Greg Bentley

Co-Founder & Trial Lawyer at Bentley & More LLP

Greg Bentley is Co-Founder of Bentley & More LLP in Newport Beach, California. With 36 years of experience, he represents plaintiffs in personal injury, wrongful death, product liability, insurance bad faith, dangerous road and property conditions, and construction-site failure cases. Admitted to the State Bar of California, Greg earned his J.D. from Western State University College of Law in 1990. He is a member of several invitation-only trial organizations, including the American College of Trial Lawyers and the International Academy of Trial Lawyers, and is active in multiple statewide and regional trial lawyer associations.

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