Steven O. Teal Personal Injury Law Blog on Lawyers.com

Individuals who have suffered a motorcycle accident in California due to the negligence of another party are entitled to sue for damages. These damages may include property damages, physical injury, emotional injury, lost wages and more.

In determining compensation levels, the liability of the accused party must be determined.  However, determining who is at fault in a motorcycle accident is not always easy. Several issues come into play in determining motorcycle accident liability, and these issues will effect the level of compensation that an injured rider will receive.

- Comparative negligence – many states, including California, have a law known as comparative negligence. Under this law, liability in a personal injury suit is apportioned, based on a determination of how much each person involved in the accident was at fault.  If the motorcycle rider is found to have been partially at fault, his or her compensation will be reduced by an amount equal to their percentage of fault.  This makes it extremely important to hire experienced motorcycle attorneys who can defeat any attempt to blame the motorcycle rider for the accident.

- Evidence gathering and presentation – It is important for individuals who have been injured in motorcycle accidents to gather as much evidence as possible, focusing on the assignment of liability. Techniques such as writing down a detailed summary of the events, taking photos of vehicles, impact points, skid marks, etc. are likewise advised. Gathering witness testimony and contact information is vital, and will help in further assessing liability.

- Recreating the scene – Many motorcycle accidents are caused because other drivers do not “notice” the bike.  Often, these drivers report that the motorcycle “came out of nowhere.” While the bike rider should use mechanisms that enhance awareness for other drivers (e.g. reflective clothing, running day lights, etc.) it is still the responsibility of other drivers to pay attention and note the presence of a motorcycle. Recreating the accident scene may help show that a careful driver could have foreseen the situation and prevented the accident.

-Accident investigation – professional accident scene investigation frequently is useful in determining liability. Investigators can use tire track angles, glass distribution, and other forensic clues to determine how the accident happened, and who is at fault.

- Professional legal services – A good motorcycle accident attorney can facilitate proper investigation of the scene, and enable accurate assessment of motorcycle accident liability. Further, the attorney can help protect your rights, enabling you to receive the maximum compensation level possible in the circumstances. 

Information provided to you as a service of the motorcycle accident attorneys in Sacramento and Santa Rosa with Teal Montgomery & Henderson.