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.

Women’s Biker Clubs Thrive in California

 

Female Groups Strong across the State

 

Women Biker ClubsIt’s a familiar image—a woman riding on the back of a motorcycle. But more and more across California and throughout the nation, women are bucking that trend, taking the handles of their own bikes. And, more and more, they’re forming their own clubs, where they can share interests, socialize and even raise money for charities and their communities. Here are some of the top Women’s Motorcycle Clubs in the Golden State.

  • Lost Girls Motorcycle Club—Operating out of Visalia, these women have sponsored the annual Lost Girls Breast Cancer ride for more than a decade, raising more than $100,000 for breast cancer research and treatment. Learn more on their website.
  • Curve Unit—These bikers raise money for the Pediatric Brain Tumor Foundation with an annual ride in October. They’ve taken a monthly ride through the Bay Area for more than 15 years.
  • Ghetto Girlz Motorcycle Club—These women started the club back in 2009 to promote a sense of family for women of all backgrounds, and now have Chapters around the world, including Ireland, New Zealand and Fort Wayne, Indiana. A number of their members have been inducted into the AMA Motorcycle Hall of Fame. They’ve raised money for the Wounded Warrior Project, Operation Once In A Lifetime and Homes for Our Troops, among other charitable organizations.
  • Devil Dolls Motorcycle Club—Founded as a Harley club for women in 1999, this group now allows a variety of American and European bikes. The group boasts a diverse membership, including old-school bikers, community activists, professionals and moms. Their members hail from across the west coast and they have a sister club in Sweden.

Contact the Law Offices of Weber & Nierenberg

At Weber & Nierenberg, we have over 30 years of combined experience protecting the rights of people in California who have suffered needless personal injury, including men and women hurt in motorcycle accidents. To schedule an appointment, contact Weber & Nierenberg by e-mail or call our office at 1-866-288-6010. Your initial interview is without cost or obligation.

Government Studies Scooter Safety

 

CDC Looking at Dockless Scooters

 

Studies Scooter SafetySurprising even industry analysts, dockless scooters have become the rage in municipalities across the country, with industry leaders Bird and Lime making their motorized crafts available in more than a hundred cities in just over a year. With the proliferation of scooters, though, officials have seen a dramatic rise in scooter accidents, some involving serious injury and even death. The federal government has now decided to take a closer look at safety issues tied to the devices.

The Centers for Diseases Control and Prevention (CDC), headquarted in Atlanta, announced earlier this week that it will be investigating health and safety risks associated with the motorized bikes. The study will look at usage and crash statistics in Austin, Texas. Officials plan to examine emergency room data and EMS calls from a 90 day period, running from September through November of 2018. They’ll be investigating the causes of scooter accidents and seeking to identify preventive safety measures.

Concerns have mounted nationwide as the number of scooter-related injuries has spiked. A hospital in Salt Lake City reported a 161% increase in scooter-related trauma in just a year. Riders have died in motor vehicle accidents across the country, including Washington, DC and Dallas.

Concerns about the safety of scooters has led many cities to curtail usage, including San Francisco, where officials issued a temporary ban, then issued operating licenses to only two companies. Santa Monica officials have also struggled to accommodate the low-speed vehicles, identifying specific sections along city streets designated for scooter parking.

Contact Our Offices

At Weber & Nierenberg, we offer more than three decades of collective legal experience to people who suffered any type of personal injury in California, including individuals hurt in scooter accidents. We will take the time to learn exactly what happened to you, as well as what you need to fully compensate you for your losses. For a free initial consultation, Contact our office online or call 1-866-288-6010 to schedule an appointment with an experienced California motorcycle/scooter accident lawyer.

Scooter Companies Face Class Action Lawsuit

 

Litigation Alleges Manufacturers Engaged in “Gross Negligence”

 

Scooter-CompaniesEven though they seem to be increasingly popular with commuters and the public, electronic scooters continue to be the source of legal issues for their manufacturers. In fact, a lawsuit filed in state court in Los Angeles County earlier this fall named a number of e-scooter companies as defendants and the allegations included “aiding and abetting assault” and engaging in “gross negligence.”

The California litigation, which names Bird, Lime and other e-scooter enterprises, was filed as a class action on behalf of eight individuals who say they suffered injuries because of the companies’ business practices. The injured parties (plaintiffs) contend that scooter companies have increased the risk of injury by placing scooters on public streets without any safety warnings or ways to ensure that individuals who rent or drive them are qualified to do so. They allege in their lawsuit that this constitutes a “public nuisance.”

The complaint further states that the e-scooter companies either knew or should have known that their customers were injuring others, specifically pedestrians, but took no action whatsoever to address the problem. By failing to act, they allege, the companies “assisted and encouraged” customers to engage in behavior that constituted assault.

The plaintiffs also contend that there are product liability concerns with many of the scooters— they have either defective electronics or defective mechanical parts (or both). Attorneys for the plaintiffs say there are “scores” of riders and pedestrians who have already been injured, and they have asked the court to certify a class action.

Contact Weber & Nierenberg to Schedule a Meeting

At the law offices of Weber & Nierenberg, we bring more than 30 years of combined legal experience to personal injury victims across California, including people who have been hurt in scooter accidents. We will listen carefully to learn the unique details of your case so that we can customize our legal representation to obtain the outcome you need. Contact our office online or call 1-866-288-6010 to set up a free initial consultation with an experienced California motorcycle and scooter accident attorney.

Motorcycle Accident Injuries—Does There Have to Be a Collision?

In situations involving a “near collision,” where the wrongful act of another motorist causes you to take evasive action, there’s a big difference between the potential consequences when you’re on a motorcycle or an automobile. With an automobile, it’s much easier to maintain control of the vehicle and you’ll be protected by a few thousand pounds of steel. On a motorcycle, though, your only option may be to lay down the bike, putting you in direct contact with the roadway.

If you suffer injuries in a motorcycle accident where there was never any contact with another driver, can you still sue that person for injuries suffered? The answer is a clear “yes.”

Legal Responsibility for “No Contact” Motorcycle Accidents

There is no requirement that there be any actual contact between the at-fault party and a person injured in a motorcycle accident. Instead, a personal injury claim for losses sustained in a motorcycle accident will almost always be based on a legal theory of negligence. To successfully recover under a theory of negligence, you need to prove three things to a judge and/or jury:

  • That the at-fault person breached his or her duty of care—Under the law as it has evolved, all persons must exercise “reasonable” care in all their daily endeavors, whether it’s driving a motor vehicle, maintaining real property, or designing or manufacturing a product. In a lawsuit, a jury will review the facts as supported by the evidence and make a determination of whether or not the defendant exercised an appropriate amount of care. If not, the jury will move on to the second element of negligence.
  • The failure to exercise reasonable care “caused” an accident—Causation has two parts—actual cause and proximate cause. Actual cause requires a showing that the accident would not have occurred “but for” the breach of the duty of care. Proximate cause requires that the injured party show that the injuries sustained were reasonably foreseeable as a consequence of the breach of the duty of care.
  • There were actual losses—The plaintiff (the injured party) must also show that he or she suffered some actual loss, whether it’s property damage or personal injury. Personal injury can include lost wages and income, medical bills, loss of companionship or consortium, loss of enjoyment of life, and pain and suffering.

Contact Weber & Nierenberg

At Weber & Nierenberg, our attorneys bring over 30 years of experience to injured people in California, including men and women who have been hurt in motorcycle accidents. For a private consultation, contact Weber & Nierenberg by e-mail or call us at 1-866-288-6010. There is no charge for your first meeting.

Bicyclist Injured in Collision with Bus at Prospect Road & S. DeAnza Blvd, San Jose, on 5/24/13

On Friday, May 24, 2013 around 2:15 p.m., an elderly man riding a bicycle was struck by a school bus as he crossed the intersection of Prospect Road and South DeAnza Blvd. In San Jose.

The bicyclist was taken to the hospital by ambulance for treatment of his injuries. It is unknown if there were any passengers on the school bus at the time of the collision.

The personal injury attorneys at the Weber & Nierenberg law firm are well-experienced in bicycle accidents and wrongful death claims, as well as automobile, motorcycle, pedestrian, truck and bus accident cases, 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 accident or wrongful death claim, or motorcycle, bus, bicycle, 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 your rights are vindicated. For a free consultation or to make an appointment, call 1-866-288-6010.

Burn Injuries in the Bay Area and Throughout Northern California

Information Regarding Your Rights and Options Following Injuries and Accidents

Burn Injuries

When you are injured by severe burns, you need special legal assistance. Legal assistance from an attorney who understands the psychological trauma of pain, scarring and disfiguration. Legal assistance from an attorney who can help you obtain the medical care you need. And Legal assistance from a lawyer who is experienced in investigating burn-related accidents and who has a track record of obtaining high-value compensation following serious accidents.

Attorney Joseph S. Nierenberg of the Bay Area law firm of Weber & Nierenberg have decades of experience handling burn injury and severe-injury cases, including injuries resulting from:

Have burns resulted in facial or bodily disfigurement? The need for skin grafting? The need for long-term and/or expensive treatment from a specialist or burn unit? Inhalation injuries?

We can help following first-, second- and third-degree burns. Legal challenges will likely involving determining the cause of the accident and injuries, identifying responsible insurers, determining the value of your claim and pursuing the full compensation you are owed.

Insurers will likely attempt to minimize the value of your claim, regardless of the facts and regardless of the extent of your injuries. They may even try to settle quickly with you for a minimal sum to avoid future exposure to financial responsibilities. Don’t settle less than the full compensation you need and are owed. Instead, contact Weber & Nierenberg to discuss your case at no charge. Call 1-866-288-6010.

Making Smart Decisions About Emergency Medical Treatment

Emergency Medical Treatment

If you have been involved in an auto accident recently, you have a lot to think about. Getting your car repaired, arranging for a loaner vehicle, dealing with your insurer, or responding to a traffic citation can all seem like top priorities in the immediate aftermath of a car crash.

In the most serious motor vehicle accidents, of course, emergency medical treatment will be the first thing to look after when a driver, passenger, bicyclist or pedestrian was badly hurt. In low-impact or single-vehicle accidents, however, when there appears to be no serious injury, people often forget that soft-tissue trauma in the knee, shoulder, wrist or neck can cause serious problems for a long time to come.

If you need advice about the best ways to seek and obtain effective medical treatment after a car accident of any severity, contact the California personal injury attorneys at Weber & Nierenberg for a free consultation about your options. With offices in San Francisco, Oakland, San Jose and San Rafael, our law firm is convenient to clients throughout the Bay Area. Our lawyers have recovered millions for people with injuries of all kinds under a wide variety of accident scenarios.

Emergency Treatment Is the Starting Point for Your Medical Evidence

One problem that car accident victims have in common is the need to prove their injuries in detail, with proper medical evidence, and with a solid projection of future treatment needs. This is true in multimillion-dollar disability cases, strain or sprain cases, and everything in between. Unfortunately, people whose injuries do not seem to be especially serious often decline emergency medical treatment, only to discover later that they are experiencing problems that were probably caused by the accident.

If you wait too long to get medical attention for car accident injuries, you run the risk that you won’t be able to prove a connection between the collision and your health problems. If you were hurt in any way at all, you should get medical attention as soon as possible. Don’t be surprised if you come out of the emergency room with a clean bill of health, only to discover symptoms in the following days or weeks. Certain injuries to the head, neck, back or joints can get worse instead of better over time. Not all injuries are identified or diagnosed in emergency treatment, either.

Protect Your Interest in Full Compensation for Car Accident Injuries

By getting medical attention shortly after an accident, you’re creating a clinical starting point for the evaluation, treatment and eventual compensation for any injuries that might have been caused or aggravated by the crash. You should also keep in mind that so-called minor injuries do not always respond to conservative treatment, even if for most people similar symptoms clear up soon.

At Weber & Nierenberg, we have seen many cases where soft-tissue injuries to the knee, shoulder, neck or back turned out to generate six-figure accident claims due to missed work, repeated surgeries, or chronic pain and suffering that proved resistant to medication and chiropractic treatment.

If you refuse medical treatment right after an accident, you are unnecessarily complicating the process of proving a causal relationship between the injuries that might later develop and the car crash. If an insurance company sees the opportunity to deny or limit coverage for an accident claim, it will certainly pursue it. Early medical attention is one of your most effective tools for protecting your interest in full compensation.

Call 866-288-6010 to Discuss Your Injuries With an Attorney

Learn more about the ways experienced Bay Area personal injury lawyers can help you get the most out of your available medical coverage while protecting your interest in full compensation for apparently minor injuries. Contact us at any of our four locations for a free consultation, or visit our website at www.weberandnierenberg.com.

BART Pays $1.3 Million to Settle Fruitvale Station Shooting Claim

The mother of Oscar Grant III, the young man fatally shot in Oakland by a BART police officer on New Year’s Day 2009, has settled her wrongful death lawsuit against BART for $1.3 million, as reported by the San Francisco Examiner.

The settlement resolves the second of two civil lawsuits filed in connection with the shooting death. BART previously paid $1.5 million to settle a wrongful death action brought on behalf of the victim’s daughter, who was five years old at the time of the shooting.

Johannes Mehserle, the BART police officer who shot Grant while the victim lay face down on the Fruitvale Station platform, was released after serving 11 months of a two-year involuntary manslaughter sentence. He maintained that he thought he was firing a Taser instead of a gun.

Liability and Damages Claims against California Transit Agencies

Proof of personal injury or wrongful death claims against a public transportation agency require an aggressive approach to the investigation of the facts and careful attention to detail in the development of the damages side of the case. The advice and advocacy of experienced attorneys can help protect the value of the plaintiff’s claims whether based on negligence, intentional torts or a combination of liability theories.

With four offices around the Bay Area, the lawyers of Weber & Nierenberg are familiar with the demands of civil litigation against the various local and regional transit authorities operating throughout the region. In one case against the San Francisco Municipal Transportation Agency (MUNI), our law firm recovered $855,000 for a bus passenger who was forcibly removed from the bus by a driver with a history of violent confrontations with passengers.

Call 866-288-6010 for a Free Consultation in the Bay Area

To find out more about the ways our attorneys can protect your rights in cases involving injuries resulting from negligent or intentional misconduct on the part of public transportation agencies and their employees, contact Weber & Nierenberg in San Francisco, Oakland, San Jose or San Rafael. To learn more about the range of our law firm’s practice, see our website.

PG & E Record Flaws Exposed in San Bruno Explosion Investigation

Months after an explosion in a Pacific Gas & Electric pipeline killed eight people in San Bruno, maintenance documents released by the utility to the National Transportation Safety Board (NTSB) show conflicting information about repair work performed along the line for decades, according to a report in the San Francisco Examiner.

The discrepancies concern the details of a 1998 leak a few miles away on the same high – pressure gas line. PG & E workers who repaired that leak reported problems and remedial steps different from those reported by the utility. In the wake of last year’s San Bruno explosion, the California Public Utilities Commission ordered the turnover of thousands of PG & E documents concerning safety, maintenance and repair records.

Comparing the documents to the utility’s previous statements, it appears that PG & E itself is yet to get a handle on the causes of leaks along its pipeline. For example, PG & E has previously stated that the pipeline was seamless, but the records show numerous welds and other repairs along lengthwise seams.

Complex Accident Investigation Depends on Careful Records Analysis

The San Bruno pipeline explosion case illustrates the complexity of investigating accidents involving public utilities. In civil actions for damages by the individuals and families most directly affected, it will be necessary to prove negligence on the part of the utility or its contractors in the design, installation or maintenance of the transmission line.

Because the most reliable and specific evidence of the causes of an accident will generally come from the records maintained by the utility itself, the failure to maintain proper maintenance and repair records can complicate the investigative efforts of plaintiffs’ lawyers as well as those of regulators. In some cases, however, proof of inadequate record – keeping practices by itself can help establish the plaintiff’s case for negligence.

Call Weber & Nierenberg for a Free Consultation: 866-288-6010

At the Bay Area law firm of Weber & Nierenberg, our experience with the investigation and proof of complex personal injury claims against corporate and public agency defendants can make the decisive difference in the outcome of a catastrophic personal injury or wrongful death case.

Contact us for a free consultation in San Francisco, Oakland, San Jose or San Rafael if you need advice about your legal options in the aftermath of a public utility accident, a bus or train crash, or an accident on government property. You can also visit our website.

 
 
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Motorcycle Accident Injury Claims-Establishing Cause

Recovering Compensation after a Motorcycle Accident-Step Two In an earlier blog, we looked at the first requirement to successfully recover... [Read More...]