California is an at-fault state, which means that you need to prove liability in a motorcycle accident lawsuit. How exactly do you accomplish this? What even is liability, and how can a qualified California motorcycle accident lawyer help you pursue compensation for your injuries? These questions can seem complex to the average injured motorcyclist, especially considering the burdens of medical treatment, missed wages, and psychological trauma. Book a consultation with an experienced injury attorney, however, and you can easily make sense of this situation.

What is Liability?

When someone is liable for your motorcycle accident injuries, it means that they must pay for your damages. In other words, the responsibility for the accident falls on their shoulders – and they should make amends by providing you with financial compensation.

Liability is an important concept in almost all personal injury cases. Generally speaking, you cannot recover compensation for a particular accident unless you can prove that someone else was liable. Sometimes, plaintiffs only need to show that the accident occurred. This is known as “strict liability,” and there are fewer requirements for injured victims under this doctrine. But while strict liability applies to incidents involving dog bites and product defects, it may not apply to motorcycle accidents in California.

The Four Elements of Negligence After a Motorcycle Accident in California

Someone becomes liable for your motorcycle injuries if you can prove that the accident was caused by their negligence. Along with liability, negligence is one of the most important concepts to understand as you approach your motorcycle accident lawsuit. In order to prove negligence, you will need to establish the existence of four elements:

  • Duty of Care: First of all, you will need to establish that the defendant owed you a duty of care. In other words, they had a legal responsibility to act in a reasonable manner and avoid causing needless injuries to you. All motorists owe each other a duty of care in California, so this element should be easy to establish.
  • Breach of Duty: Next, you will need to establish that the defendant breached this duty of care in some way. These breaches can take various forms, including intoxication, distraction, speeding, and so on.
  • Causation: In addition, you will need to establish a causational link between the breach and the accident. In other words, their behavior must have led directly to your accident. If a driver passes you while heavily intoxicated and you crash after hitting a pothole, there is no causation. If the driver clips your motorcycle and causes you to veer into the pothole, however, you can establish clear causation.
  • Injuries: Finally, you must suffer legitimate injuries to establish negligence. If no harm occurred, then you cannot receive compensation. That being said, even a slight scrape or bruise allows you to meet this requirement. After both moderate and serious motorcycle crashes, it is imperative that you seek immediate medical attention. Why? Because without medical records, you cannot clearly document the existence of your injuries.

Proving Driver Liability and Negligence in Motorcycle Accidents

Negligence comes in many forms, and you are probably already aware of numerous examples. But while some forms of driver negligence are obvious, others can be more subtle. In addition, numerous drivers may be responsible for your motorcycle accident – even those who did not actually come into contact with your vehicle. For example, a driver might cut you off and cause you to crash into a tree. Your motorcycle accident lawyer can help you address these complexities as they prove liability. 

  • Intoxication: Drunk drivers cause motorcycle accidents all the time in California. In order to prove this type of negligence, you can use Breathalyzer results, police testimony, and similar evidence.
  • Distraction: Distracted drivers cause tens of thousands of injuries each year, according to the California Highway Patrol. Using cell phone records, police reports, and similar evidence, your lawyer can help you prove that the driver was distracted.
  • Recklessness: Reckless driving is often to blame for motorcycle accidents. Motorcyclists are at risk when drivers veer across lanes, lurch forward without warning, and carry out similar acts. Dashcam and surveillance footage can help prove that the driver was operating their vehicle recklessly.
  • Speeding: Unsafe speeds can easily cause motorcycle accidents. Analysis of tire marks can help establish a vehicle’s speed prior to the accident.
  • Failure to Maintain Vehicle: The failure to properly maintain a vehicle can be considered a form of negligence. Faulty brakes, broken lights, and other defects can easily lead to motorcycle accidents.
  • Various Traffic Violations: Almost any traffic violation can lead to a motorcycle accident. Examples include improper merging, running red lights, failure to shoulder check, or even illegal parking.
  • Fatigue: According to the Sleep Foundation, fatigue can be just as dangerous as drunk driving. After working for a certain number of hours without rest, a driver can easily doze off behind the wheel – with tragic consequences for motorcyclists. 

Pursuing a Product Liability Lawsuit After a Motorcycle Accident in California

Aside from negligent drivers, you may also hold motorcycle manufacturers liable after your crash. If you believe your crash was caused by some kind of motorcycle defect, a product liability lawsuit may be viable. In this situation, you can hold product manufacturers and designers “strictly liable” for your injuries. In other words, you do not need to prove negligence. Instead, the only real requirement is to show that you suffered real injuries caused directly by the defective motorcycle. Examples include faulty brakes, defective suspension, exploding batteries, and so on.

Find an Experienced California Motorcycle Accident Lawyer

If you have been searching for an experienced California motorcycle accident lawyer, look no further than Miracle Law, APC. With offices conveniently located in Southern California, we are ready to fight for the rights of motorcycle accident survivors. We know how life-altering these accidents can be, and we can help you prove liability with confidence. If you have lost a loved one to a fatal motorcycle accident, we can also help you pursue compensation on their behalf. Reach out today, book a consultation, and approach this legal process with efficiency.