Archives for March 2019

Motorcycle Accident Injury Claims-Establishing Cause

Recovering Compensation after a Motorcycle Accident-Step Two

Motorcycle Accident Injury Claims-Establishing Cause

In an earlier blog, we looked at the first requirement to successfully recover damages after suffering injury in a motorcycle accident-the breach of the duty of care. It’s not enough, however, to show that a defendant ran a stop sign, veered into your lane or otherwise failed to act as a reasonable person. Once you’ve demonstrated breach of duty, you must next show that the breach “caused” an accident.

Defining Cause

As the laws governing personal injury have evolved, two different types of cause have developed. Both must be shown before you have a right to recover for your losses.

The first type of cause-actual cause-is typically the easiest to prove. Also Known as “but for” cause, it simply requires that you show that the accident would not have happened “but for” or in the absence of the breach of duty. Often, unfortunately, it’s too easy to make a case for “but for” cause, even if the likelihood of the accident happening was minimal, based on the act of the defendant. For example, assume that a motorist runs a red light and hits a car. That car veers across the road and hits a fire hydrant. The water from the hydrant runs four blocks downhill and into the path of your motorcycle. You lose control of your bike and suffer an injury. There’s clearly “but for” cause-if the motorist had not run the red light, you would not have had a motorcycle accident.

This is where the second type of cause-proximate cause-comes into play. Proximate cause asks whether or not the event was reasonably foreseeable as a consequence of the wrongful act. In the example given here, was it reasonably foreseeable that water would run four blocks downhill and into your path? There’s no hard and fast legal principle, though, that determines what is “reasonably foreseeable.” That will ultimately be determined by a jury.

Contact the Law Office of Weber & Nierenberg

At Weber & Nierenberg, we have protected the rights of motorcycle accident victims in California for more than 30 years. To set up a free initial consultation, Send us an email or call our office at 1-866-288-6010.

Motorcycle Accident Injuries –The Duty of Care

Recovering Compensation after a Motorcycle Accident -Step One

The Duty Care

When you’ve been hurt in a motorcycle accident because of the wrongful act of another person, you have a right to pursue damages-compensation for your losses. Though you can bring legal action if another person intentionally caused you harm, motorcycle accident claims are typically based on a legal theory of negligence.

To successfully bring a negligence claim, you must prove three things:

  • That the defendant (person who engaged in wrongful actions) failed to act as a reasonable person would
  • That the failure to act reasonably “caused” an accident
  • That you suffered actual losses as a result of the accident

As personal injury law has developed, a duty has been established. That duty requires that all people, in all actions within society, govern their conduct as a reasonable person would. That applies to driving a motor vehicle, maintaining property, and designing and manufacturing products, among other acts. As applied to motorcycle accidents, it can mean that a motorist has a duty to take reasonable care to be aware of the presence of motorcyclists and to avoid acts that would pose an unreasonable risk of harm to bikers, such as failing to stop at a red light or stop sign, making unsafe lane changes, traveling too close to a motorcycle or speeding.

The law, unfortunately, does not provide a great deal of guidance with respect to what is considered “reasonable.” That is typically determined by a jury, on a case-by-case basis, though juries are bound to some degree by “past precedent,” or prior decisions.

Contact the Experienced Attorneys at Weber & Nierenberg

At Weber & Nierenberg, we bring more than three decades of experience to individuals who have suffered injury in California in a motorcycle accident. We understand that every situation is different, so we’ll take the time to learn exactly what happened to you, as well as your needs, so we can implement the best strategy to get the outcome you want. Contact us online or call us at 1-866-288-6010 to set up a free initial consultation.

 
 
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