Have you recently been injured as a passenger while riding on a motorcycle? If so, you may need information about how the injury claims process works. For example, who can you sue, how can you prove a person was careless or at fault, and when is the deadline to file a lawsuit?
One of the best things you can do is hire a California motorcycle accident attorney who can explain all the answers to these questions and serve as an advocate for you and your case. By working with a lawyer on your motorcycle claim, you will be able to focus on getting better, all while your attorney is dealing with the case and helping you get the compensation deserved.
Who to Sue for Injuries as a Motorcycle Passenger?
It is possible for you to file a lawsuit or to make a personal injury claim against the person whose negligence contributed to or caused the accident that resulted in your injuries.
In some situations, several mistakes occur at the same time, resulting in a collision. One example is if a driver is texting, and they crash into another driver who happened to run a red light. Both parties were careless and, as a result, caused the accident. If either party had not been negligent, the accident could have been avoided.
If just one vehicle is involved, the motorcycle driver you were riding on may be considered responsible for the accident and resulting injuries. However, operators are not always at fault automatically. It is necessary to prove negligence before trying to acquire any type of monetary damages.
In some situations, another party may make a mistake that results in a motorcycle accident. One example would be if a motorcycle had new brakes installed and the mechanic didn’t do a good job. If the brakes fail, causing a collision, then the repair shop can be held liable for the injuries you suffered.
Determining Liability in Motorcycle Accidents
It is necessary to prove four things to hold someone responsible for the injuries and damages you suffered in a motorcycle accident. These things include:
- Duty of care. The accused party had to have owed you a duty of care. Any person who operates a motor vehicle on a public street must drive cautiously and obey all set traffic laws.
- Breach of duty. If a person doesn’t measure up to the legal standard, then this person is considered negligent. Drivers traveling over the speed limit or at a speed considered too fast for the road conditions are negligent.
- Causation. Carelessness isn’t enough to establish liability. The mistake is the thing that caused the accident where you were injured.
- Quantifiable losses. It is necessary to have measurable damages to charge the at-fault party and to receive compensation.
Work With an Attorney to Receive the Compensation You Deserve
If you want to ensure you can acquire the compensation you deserve for your accident injuries, hiring and working with a qualified attorney is necessary. They can represent your case and help you recover what is fair for the damages and injuries experienced.