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.

Elderly couple struck by car at Blossom and Meekland in Hayward on 3/8/13

At approx. 5:00 a.m. in the morning of March 8, 2013, an elderly couple were crossing the street at the intersection of Meekland Boulevard and Blossom Way in Hayward when they were both struck by a car. They suffered serious injuries and were taken by ambulance to the hospital.

Pedestrians struck and injured by vehicles require expert legal assistance. The personal injury attorneys at Weber & Nierenberg law firm are well-experienced in pedestrian accident claims, car accident claims and wrongful death cases and will work hard and competently to obtain complete compensation for your injuries and losses.

If you or someone you know needs to know their rights regarding an auto, motorcycle, bicycle accident or other type of personal injury, call the attorneys at the Weber and Nierenberg law firm. Personal injury attorneys at Weber & Nierenberg will work hard to make sure all aspects are thoroughly covered. For a free consultation or to make an appointment, call 1-866-288-6010.

Pedestrian Dies After Struck by Car on Phyllis Avenue in Mountain View

On March 4, 2013 on Phyllis Avenue in Mountain View, a 59-year old female pedestrian was struck by a car. The pedestrian suffered severe injuries, was hospitalized, and later died.

Police are conducting an investigation into the accident.

Every day, pedestrians take their lives in their hands by crossing busy streets. Pedestrian accidents are often serious or deadly, and require expert legal assistance. The personal injury attorneys at Weber & Nierenberg law firm are well-experienced in serious injury and wrongful death cases and will work hard and competently to obtain complete compensation for your injuries and losses.

If you or someone you know needs to know their rights regarding a pedestrian accident or other type of personal injury, call the attorneys at the Weber and Nierenberg law firm. Personal injury attorneys at Weber & Nierenberg will work hard to make sure all aspects are thoroughly covered. For a free consultation or to make an appointment, call 1-866-288-6010.

Pedestrian Dies After Hit-And-Run on Bellevue Avenue in San Jose

On the early morning of March 5, 2013 on Bellevue Avenue at Monterey Road in San Jose, a female pedestrian was struck by a car, which fled the scene. The pedestrian suffered severe injuries, was hospitalized, and later died.

Police are attempting to identify the car’s driver.

Every day, pedestrians take their lives in their hands by crossing busy Bay Area streets. Pedestrian accidents are often serious or deadly, and require expert legal assistance. The personal injury attorneys at Weber & Nierenberg law firm are well-experienced in serious injury and wrongful death cases and will work hard and competently to obtain complete compensation for your injuries and losses.

If you or someone you know needs to know their rights regarding a pedestrian accident or other type of personal injury, call the attorneys at the Weber and Nierenberg law firm. Personal injury attorneys at Weber & Nierenberg will work hard to make sure all aspects are thoroughly covered. For a free consultation or to make an appointment, call 1-866-288-6010.

Pedestrian Dies After Struck by Car on Montgomery Drive in Santa Rosa

On the afternoon of February 27, 2013 on Montgomery Drive in Santa Rosa, a 60-year old man was struck by a Mercedes-Benz, which fled the scene. The pedestrian died from his severe injuries. Unfortunately, this happens way too often in the congested San Francisco Bay Area.

The auto’s driver was identified and charged with hit-and-run vehicular manslaughter.

The personal injury attorneys at Weber & Nierenberg law firm are well-experienced in wrongful death cases and will work hard and competently to obtain complete compensation for your injuries and losses.

If you or someone you know needs to know their rights regarding a pedestrian accident or other type of personal injury, call the attorneys at the Weber and Nierenberg law firm. Personal injury attorneys at Weber & Nierenberg will work hard to make sure all aspects are thoroughly covered. For a free consultation or to make an appointment, call 1-866-288-6010.

NASCAR Crash at Daytona

Over two dozen fans watching the recent NASCAR races at Daytona International Speedway were injured after driver Kyle Larson’s No. 32 car crashed into a fence. As a result, this sent car parts flying into the stands. The accident occurred a day before the Daytona 500. At least 14 people were taken to area hospitals for treatment for injuries, while 14 others were treated at an infield care center located at the racetrack. Read more: Full article.

NASCAR isn’t the only dangerous roadway. Sometimes the public transportation which people rely on can be dangerous. People who have suffered loss or injury because of a negligent public transportation driver or operator should seek legal advice. Many drivers and operators fail to exercise the appropriate degree of care necessary to get their commuters to a safe destination, often resulting in accidents that lead to minor injuries for a commuter.

Have you or someone you know been injured in a car accident? Make sure you know your rights. The attorneys of Weber and Nierenberg may be able to help you. Please contact our office at 1-866-288-6010 for a free initial consultation.

Take the Right Steps in the Early Stages of a Car Accident Case

Car Accident Case

The decisions you make in the moments, hours and days after a California car accident can have important consequences for your legal and financial interests. A good way to protect yourself if you have been in a car accident is to know what steps to take and in what order.

Until you have the chance to discuss your case with an experienced lawyer, you’ll be acting on your own. Any serious mistakes you make can expose you to criminal punishment as well as hurting your chance of recovering damages from the other driver’s insurer or your own.

Six Essentials After a California Car Accident

The following recommendations will help you avoid problems while protecting your legal interests in the immediate aftermath of an auto accident in the Bay Area. Then it’s a good idea to discuss your situation with an attorney who can provide additional advice about your legal options. Contact the law firm of Weber & Nierenberg in San Francisco, Oakland, San Jose or San Rafael for a free consultation.

Here’s what you need to do right after a car accident in California:

    1. Stop and Stay at the Scene. If you hit something or someone, stop. If someone hits you, stop. Leaving the scene of an accident until you take care of some essential business is a serious crime and could not only create major problems for your license, it could send you to jail.

 

    1. Do What You Can for Injured Persons. Before you leave an accident scene, you and the other driver (if any) should check to see if anyone was hurt and do what you can to help – call 911, render first aid, or take an injured person to the hospital as soon as possible. Don’t worry about getting sued for injuries caused by your efforts in an emergency situation — California’s Good Samaritan Law will protect you from liability.

 

    1. Exchange Information With the Other Driver. California law requires you to give the following information to the other driver: your name, address and phone number; your auto insurance carrier and contact information; and your license plate number. You have the right to receive the same information concerning any other driver involved with the accident. If any witnesses stopped, get their names and phone numbers, too. Do not express opinions about whether you are hurt, who caused the crash, or any other matters that could later come up as evidence in a lawsuit.
    2. Report the Accident to the DMV. State law requires you to report any motor vehicle accident that results in property damage over $750 or an injury of any kind to a person. You need to complete a DMV Form SR 1 (“Report of Accident Occurring in California”) and send it in within 10 days of the accident. It’s not enough to report the accident to local law enforcement, call 911 or give a statement to a police officer.

 

    1. Report the Accident to Your Insurance Company. Your auto insurance policy requires timely notification before you will be entitled to receive coverage under your own policy. You are also under an obligation to cooperate with your insurer in its investigation of your claim or any claim against you. That doesn’t mean you should answer all questions right away, though. Give your insurer a bare-bones report of the accident right away, then politely decline to give more detailed information until you have consulted with an attorney.

 

    1. If You Were Hurt in Any Way, Get Medical Treatment. In the most serious accidents, victims will be taken be taken by ambulance to the nearest emergency room, then perhaps transferred to a regional trauma center. In the less serious range of accidents, however, people will often be tempted to decline treatment and continue on their way. This is a mistake. Many low-impact car accidents cause apparently minor injuries that will not get better on their own. Get medical treatment right away, if only to get an idea of what symptoms to watch out for.

 

Once you take care of these six essential steps right after a car accident, it’s time to consider legal advice about your insurance coverage, your right to personal injury damages, or your own risk of getting sued. With four offices throughout the San Francisco Bay Area, the personal injury law firm of Weber & Nierenberg has a regional reputation for excellence in client service and case results in car accident litigation of all kinds.

For a free consultation about your legal options following a car accident anywhere in the Bay Area, contact Weber & Nierenberg in San Francisco, Oakland, San Jose or San Rafael. To learn more about our lawyers’ experience and our firm’s approach to auto accident claims, see our website at www.weberandnierenberg.com.

Involved in a Lawsuit? Think before You Post on Facebook

San Francisco Personal Injury Car Accident Attorneys

Even though privacy experts have warned people to be careful about what they post on Facebook, hard lessons are still being learned regarding the consequences of using social media. While most of us have heard of creditors and collection agencies using information gathered from social media websites to locate and go after debtors, insurers are doing the same regarding personal injury lawsuits.

In fact, in a 2010 personal injury case, a judge ordered a woman to turn over materials she had protected with privacy settings on her Facebook page. The woman was in the process of suing a furniture store for injuries she claimed she sustained after falling off one of their chairs. The furniture company (Steelcase) claimed the publicly accessible areas of her Facebook page indicated the woman led an active robust life inconsistent with her injury claims.

Surprisingly, the judge agreed and ordered the woman to turn over materials she had protected with privacy settings.

Social Media Privacy – A False Sense of Security?

Most people are under the impression that if they have photos of themselves or other documents set aside behind privacy settings, their privacy is protected. While Facebook sided with the woman in the case above, arguing that the Stored Communications Act protected her from having to turn over the information, the judge argued users do not have an absolute expectation of privacy since in creating a Facebook or MySpace account, the woman consented to sharing information with others – regardless of her privacy settings.

While the judge’s Fourth Amendment reasoning seems less than convincing, it does indicate the degree to which nothing posted online is ever absolutely private.

Personal Injury Lawsuits, Facebook and MySpace

If you’ve been injured in a car accident, motorcycle accident, or pedestrian knockdown, the insurance company responsible for settling or paying your claim might be interested in what you have posted on your Facebook or MySpace page. Pictures of you able-bodied, participating in sports, or hiking along a ridge may be enough to convince a judge the insurer has a right to see what else you have on your Facebook account. While it may not ultimately change the outcome of the case, it could lead to unnecessary delays and the need to spend more time and money on establishing the seriousness of your injuries and prognosis.

Protect Yourself after You’ve been Injured – Contact Weber & Nierenberg

There are a number of things that need to be taken care of after a serious car or bicycle accident. For more information regarding the steps you need to take to protect yourself, contact San Francisco car accident attorneys at Weber & Nierenberg today.

Hydroplaning and Car Accidents

hydroplaning-car

San Francisco California Car Accident Attorneys

There’s a perception on the part of some drivers that rain simply means wet roads. As a result, drivers don’t always reduce their speed even though more water on the road means an increased risk of hydroplaning. What is hydroplaning? Put simply, hydroplaning occurs when the water in front of your car builds up faster than the weight of the car can push it out of the way. As a result, when a car hydroplanes, its tires lose all or most contact with the surface of the road and essentially float on a thin layer of water. When this happens, a car can fishtail, skid, or spin out of control.

Causes of Hydroplaning and Car Accidents

Hydroplaning is caused by different factors. In some cases, worn-out tires and a lack of proper treading increase the likelihood of hydroplaning under wet or rainy conditions. In other cases, under-inflated tires can make it difficult for the treads to properly remove water in front of the car as it moves forward. If it hasn’t rained for some time, oil may rise to the surface after a rainstorm, leaving the road surface slick and wet. Driver error can also cause hydroplaning, especially when a driver turns too quickly when driving in the rain. In the case of trucks, the wrong tires on an eighteen-wheeler can increase the likelihood of hydroplaning.

Car Accidents, Hydroplaning, Driver Negligence

Maybe you’ve recently been in an accident during or shortly after a rainstorm or foggy night. The other driver may try and deny responsibility, alleging road conditions are to blame for the accident. Of course, this begs the question as to whether or not their tires were properly inflated, were too worn, or whether they were driving in a manner appropriate for the conditions. Here, it’s important to investigate the circumstances surrounding a car, motorcycle, or bicycle accident involving hydroplaning to determine if there were other acts of negligence involved as well.

Contact San Francisco Bay Area Car Accident Attorneys

If you’ve been injured in a car accident due to another driver hydroplaning into you or into an intersection contact San Francisco car accident attorneys Weber & Nierenberg today. We have the resources needed to investigate car accidents that happen in the rain or fog and know what to look for when exposing driver error and negligence. Protect your rights and learn how we can help you – call today.

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.

 
 
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