Identifying the Parties Responsible for Motorcycle Accident Injuries

Who Can You Sue When You’re Hurt in a Bike Wreck?

When You're in a Motorcycle Accident Caused by a Road HazardIn the aftermath of a motorcycle accident when you’re trying to recover lost wages, medical expenses, or other damages—the most obvious responsible party is the driver whose negligence caused the accident. While the law is clear that you must prove someone was negligent in order to recover compensation, parties other than the at-fault driver may be liable for your losses.

In a motorcycle accident injury claim, as with other types of personal injury , claims the most common legal theory used to recover damages is negligence. In a negligence claim, you must show three things:

  • That another person failed to exercise reasonable care under the circumstances (or, in other words, “breached the duty” to act reasonably);
  • That the failure to act reasonably caused the accident; and
  • That you suffered actual losses as a result of the accident.

Besides the at-fault driver, a number of other parties may have acted carelessly in a way that contributed to or caused the accident that led to your injuries:

  • The manufacturer or designer of a product—Designers and manufacturers of consumer products—including those who make bike and automobile parts, safety equipment, and traffic lights—have a duty to use reasonable care. You may have a product-based claim if your accident was caused by defective brakes, steering mechanisms, or other bike parts, or if your injuries were made worse by carelessly-designed safety gear, such as helmets, gloves, or clothing. Any party in the chain of distribution, including the bike dealership, can be legally responsible for this kind of “product liability” claim.
  • The at-fault party’s employer—If the accident occurred while the at-fault driver was in the normal course of his or her job, the employer may have some responsibility under the legal theory of respondeat superior.
  • A local governmental body—If roadway defects caused the accident, you may have a claim against the entity responsible for maintaining that stretch of road.

Contact Our Offices

At the law offices of Weber & Nierenberg, we have been successfully representing people hurt in motorcycle accidents for more than three decades. To arrange a free initial consultation, Send us an e-mail or call 1-866-288-6010

San Francisco Bicyclists struck by hit and run driver on June 2

Four bicyclists were struck in succession @ four different locations by an unidentified man who after his car crashed into a pole ran off. It appears that the accidents might have been deliberate. Three of the cyclists were taken to San Francisco General Hospital with pretty significant injuries.
Bicyclists that are injured by hit and run motorists can make a claim for injuries under the “hit and run” provisions of their automobile uninsured motorist coverage. If the cyclist doesn’t have this coverage, but reside with a relative that does have it, they can make the claim under the relative’s policy.
If you are a cyclist struck and injured by a hit and run driver you should contact an attorney familiar with handling uninsured motorist and bicycle accident claims as soon as possible.

Insurance Companies Are Not Your Friends

Insurance companies are in business to make money. They are accountable to their stockholders, not their policyholders. Insurance companies make money, in part, by collecting as much as possible in insurance premiums and paying out as little as possible in insurance claims.

Insurance companies have employees and large law firms on retainer just to figure how to avoid paying your claim or to pay you as little as possible. Many insurance adjusters will approach you under the guise of friendship, but the fact is that their interests are directly opposed to your. They make their money by helping the insurance company limit the amount of compensation they pay you after an auto accident.

If you have been involved in a car wreck, motorcycle accident or other motor vehicle accident, you will want to seek counsel and advice from someone who is on your side; someone whose interests are aligned with your own. You want an experienced Bay Area personal injury lawyer (preferably one with experience in the type of motor vehicle accident responsible for your injuries or loss) to guide you through the legal system and help you maximize your compensation, rather than limit it.

With more than 25 years of experience, Weber & Nierenberg will gives every case personal attention from the day of your first consultation until the day your case is resolved by way of settlement or trial.
For more information contact Weber & Nierenberg at 1-866-288-6010
for a free consultation.

Cell Phones Should Not Be Used While Driving

According to one source (Human Factors Quarterly Journal), cell phone distractions were responsible for more than 2500 deaths and more than 300,000 injuries in the US each year…and that was in 2005. Can you imagine the statistics today? Take a look around next time you are in a car driving at the number of people on cell phones while they drive. Check it out at traffic lights, the results are staggering.

The same study that provided the report in 2005, also reported that drivers using cell phones while they drive are less capable than drivers who are on the road that are legally drunk (.08 alcohol level or above). To make matters worse, our children are on the road with these drivers (and may be guilty of using cell phones while driving themselves).

Today, more than ever, you must be a defense driver. Cars should be like airplanes, you should be required to turn them off while driving. A sound from your cell phone indicating a text message or a phone call is just too tempting and too distracting. Drive safely, drive responsibly and stay alive and healthy. Some states and cities have already taken action and made it illegal to drive while using a cell phone. If you make it practice to turn off your cell phone while driving, you will not need to worry about the distractions or paying a high fine in one of these states or cities, and your chances of causing an accident greatly decrease.

However, if you are involved in an auto accident, including a car accident involving the use of a cell phone, you should contact the police department, seek medical attention and contact an experienced personal injury lawyer to ensure your rights and legal interests are fully protected.

With more than 25 years of experience, Weber & Nierenberg will gives every case personal attention from the day of your first consultation until the day your case is resolved by way of settlement or trial.
For more information contact the San Francisco Law Firm of Weber & Nierenberg at 1-866-288-6010
for a free consultation.
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1 Sansome Street, Suite 3500 San Francisco, CA 94104
P. 415-788-3900

1999 Harrison Street, Suite 600 Oakland, CA 94612
P. 510-663-6000

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