Who can sue for a motorcycle accident injury and death case?
- March 29, 2017
Motorcyclists are afforded many of the same rules and rights to the road as cars and trucks. When an accident occurs, the legal system will look at making a determination of fault in order to ascertain who is responsible for the accident and what should be done about it. If you have been injured in a motorcycle accident, or a loved one has tragically lost his or her life due to one, you are rightfully wondering who can sue in such a case. We will answer that question below.
What You Need to Know
With so many beautiful roads and hills to explore throughout the greater Los Angeles area, riding a motorcycle has become a great pastime. Beyond that, many residents rely on their motorcycles to get to and from work in a way that helps them to beat the notorious traffic in the region. Given this reality, it is a sobering reality that motorcycle riders are 30 times more likely to be killed in an accident than are people in cars. When considering injuries, the number is five times as likely. Because of this, it is important to know your legal rights. If an injury or death results from a motorcycle accident, the lives of the victim and his or her family members are inevitably changed forever.
A motorcycle accident does not only result in a great deal of physical and emotional turmoil. There is also a financial strain that is likely to occur that can be difficult to manage. There will be hospital bills to contend with, and the victim is often forced to miss a great deal of work, resulting is decreased earning potential. If the victim is the sole wage earner in the family, the troubles are compounded. Because all of these factors, and more, tend to come all at once in the aftermath of a motorcycle accident it can be difficult to know who and how to sue.
Your Legal Rights Explained
The important thing to keep in mind is that motorcycle riders have legal rights that deserve to be protected. This is particularly true after an accident that results in injury or death. It is important to know that if another party is at all determined to be negligent in the accident, a lawsuit can be filed. If a death occurs as a result of the accident, family members will be able to file a lawsuit claiming wrongful death. The key to winning such a lawsuit is to make sure the evidence is in order and that you have documentation to prove your claims.
What Must be Proven?
In order to win a motorcycle accident lawsuit, the victim will need to prove his or her case. This is in order to convince a jury or the judge that damages should be awarded due to the negligence of the other driver in causing the accident. This begins with a demonstration that the defendant had some type of legal duty to the victim. While this usually involves the driver of a car or truck, it can also be parts manufacturer is some type of defect is determined to have caused the accident.
Every driver on the road has a duty to keep everyone else safe. As a victim of a motorcycle accident, you will need to prove that the other driver in your case failed to live up to that duty. In many cases, this will be as simple as law enforcement on the scene making the determination that the driver failed to observe traffic rules, resulting in a citation. After that, a lawsuit can be filed based on your injuries or untimely death. The same goes for a manufacturer. You can prove failure to live up to duty by showing that the bike was defective in some way.
Contact A Lawyer
If you have been involved in a motorcycle accident anywhere in the Los Angeles area, contact our office for a free consultation. We will help gather the evidence that you need, and we will work hard to protect your legal rights and get you the financial compensation that you deserve.