Bakersfield Motorcycle Accident Lawyer
Motorcycles are a great mode of transportation and enjoyment. Unfortunately, motorcyclists lack the protection of cars and other large vehicles when they’re in an accident. Motorcyclists are particularly vulnerable during accidents because they are more likely to sustain life-threatening injuries. Riders know their vulnerability and often take action to keep themselves and others on the road safe. However, they cannot always steer clear of careless and reckless drivers who fail to notice a motorcyclist. Sometimes even the most skilled motorcyclist can be impacted by the recklessness of other drivers and end up with severe injuries.
Liability in a Bakersfield Motorcycle Accident
As with most motor vehicle accidents, an injured motorcyclist must prove the driver’s liability in the accident to recover compensation. Most of these cases hinge on the theory of negligence. Negligence refers to the failure of an individual or entity to behave with the reasonable level of care that someone of ordinary prudence would have exercised under the same circumstances. To succeed in establishing negligence in the claim, the injured motorcyclist must prove each of the following elements of negligence.
Duty of Care
The injured motorcyclists must show that the driver owed them a legal duty to prevent causing unreasonable harm to the motorcyclist. All individuals on the road owe one another a duty to exercise reasonable care to prevent harm, meaning that drivers owe motorcyclists a duty of reasonable care.
Breach of Duty
Breach of duty encompasses the driver’s behavior that led to the collision. The driver breached their duty of care by failing to exercise reasonable care to avoid harming the motorcyclist.
To receive compensation, the motorcyclist must prove that their injuries were the direct or proximate result of the accident caused by the driver’s breach of duty.
Damages refer to the monetary award the injured motorcyclist can receive and the harm they sustained due to the collision. The motorcyclist must prove the damages exist and the extent of damages to determine the amount in damages they can receive.
Evidence of liability is critical to strengthening a motorcycle accident claim. Important evidence may include:
- Police reports
- Pictures of the scene (including property damage, skid marks, and physical injuries)
- Medical records
- Medical bills (including bills from care providers, rehabilitation centers, and home healthcare services)
- Video footage
- Eyewitness statements
- Surveillance footage of the accident from local businesses
- Accident reconstruction reports
- Expert testimony
Drivers often fail to account for or observe motorcyclists in traffic, which leads to accidents in which the driver is the responsible party. However, insurance companies often attempt to place blame on motorcyclists to protect their financial interests. They often claim motorcycle riders are inherently reckless even though most motorcyclists pride themselves on being safe riders. These claims of reckless riders are often successful, even the police will agree. Which is why it is important to contact a Bakersfield motorcycle accident lawyer to protect yourself against insurance companies whose priority is themselves, not you.
Compensation for Motorcycle Accident Injuries in Bakersfield
If you were injured in a motorcycle accident that wasn’t your fault, you might be able to recover the following damages:
- The cost of past and future medical care
- Lost wages
- Loss of future earning capacity
- Property damages
- Cost of household service ( if an individual’s injuries require them to hire a lawn service or house cleaners while they recover)
- Physical, mental, or emotional pain and suffering
- Disfigurement or physical impairment
- Loss of enjoyment of daily activities
- Loss of enjoyment of life
- Loss of consortium or companionship
- In some cases, the court may award punitive damages (The purpose of these damages is to punish a defendant for their wrongful conduct)
Motorcyclists who’ve been injured by negligent drivers deserve to recover fair compensation. Unfortunately, due to biases about motorcyclists, recovering fair compensation can be challenging. Working with an experienced motorcycle accident lawyer who knows how to protect your best interest will ensure you are not wrongfully accused or deprived of the compensation you deserve.
Contact Karns & Karns Motorcycle Accident Lawyer in Bakersfield
Motorcycle riders are far more vulnerable to severe injuries than those riding in enclosed vehicles. Cars have various safety features that help protect occupants during accidents, but motorcyclists have little to no protection. When a motorcyclist does their part to keep others on the road safe, but ends up with severe injuries due to a negligent driver, they should be able to hold that driver accountable.
Karns & Karns is an injury law firm committed to helping injured motorcyclists in Bakersfield. Our attorneys understand insurance company bias and their tactics to protect themselves financially. We know that motorcyclists are often treated unfairly during insurance negotiations and work tirelessly to protect our clients against bad faith tactics. If you’ve been injured by a negligent driver, Karns & Karns can help you pursue the compensation you are owed.
Schedule a consultation with us at (888) 381-8044 or fill out our contact form. Karns & Karns is here to help.
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I was seriously injured in a motorcycle accident. Bill Karns was with me every step of the way. Even though the other driver said the accident was my fault, I recovered over $1,300,000.00. Mr. Karns was professional, courteous, and skilled. I would recommend him and Karns & Karns to anyone involved in a major personal injury case.
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