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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