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Motorcycle accidents frequently result in tragedy and leave you at a loss. Perhaps you have suffered severe injuries or lost wages because, in Fresno, California, you don’t have a place to turn to for guidance. The legal process can be confusing if you don’t have prior knowledge, particularly if you are recovering from the traumatic injuries a motorcyclist might incur. Your only hope is to find a skilled attorney to guide you through the complex California legal system.
At Tomassian, Pimentel & Shapazian ., our personal injury lawyers will work for you from the beginning to help you recover. Our trusted lawyers will work hard from the outset to get you the maximum compensation for your motorcycle injury claim. Call 559-545-0383 for a free consultation.
What Causes Motorcycle Accidents?
All accidents are tragic, but some of the most devastating involve motorcycles and other vehicles. As a motorcyclist, you are far less protected than the other driver. These types of accidents usually result in life-altering and frightening injuries, which will change the life not only of the victim but of their entire family. Frighteningly, the other driver fails to see the motorcyclist due to an act of negligence such as :
- Speeding
- driving under the influence
- Failure to yield
- Illegal turning
- Running a light
- Distracted driving
Sadly, these calamities occur every day. The negligence of other drivers may cause severe injuries to motorcyclists. Our experienced motorcycle accident lawyers are on hand to aid you with your personal injury lawsuit claim and help you get fair compensation.
What is Negligence?
Negligence is the failure to use reasonable care, resulting in injury or property damage to someone else. It is the basis for most personal injury and wrongful death cases, and it’s essential to understand how negligence must be proved in a personal injury claim. The plaintiff must prove that:
- The defendant owed a duty of care to the plaintiff
- The defendant didn’t fulfill that duty (by failing to act in a way a reasonably prudent person would have acted)
- The plaintiff was injured
- The defendant’s negligence was a cause of the plaintiff’s injury.
An Example:
Bob lived in a building owned by Trent, a manager for several complexes that housed disabled and elderly residents. A severe storm blew into town, flooding the lower floors and leaking from the roof. One day, Bob slipped and fell on the poorly maintained staircase of his building due to damage from the flood. Bob ended up with a severe injury. Negligence on the part of the building owner and the manager may be at play.
In the case of Bob’s injury, the building owner and manager may be liable if they fail to repair the damage caused by the storm and maintain the staircase to ensure the safety of the residents. Negligence can occur in various situations, such as when a property owner fails to address hazardous conditions.
What Type of Settlements Are Available to Motorcycle Accident Victims?
All cases are different, and there is no way to guarantee an outcome; some typical numbers are awarded to motorcycle accident victims in California are as follows:
- Minor Injuries or Property Damages Only: $10,000-$50,000
- Moderate Injuries: $50,000-$150,000
- Serious Injuries (including traumatic brain injuries) $150,000-$500,00
- Wrongful Death: $500,00 or higher
What is the Meant by “Wrongful Death” and How Does it Apply?
Legal terms can be confusing. It would seem on the surface that all death is wrong. But in the eyes of the law, that is not always true. Wrongful death is a civil cause of action brought by a family member and dependants against individuals who negligently caused the death of another person while having prior knowledge that their actions might have that result.
Wrongful death charges can still be brought against a person who is also being criminally charged for the same event, even if the person is found innocent of the criminal charges. This is one way the justice system holds people responsible because it has a lower burden of proof.
What Does Burden of Proof Mean?
We have all seen dramatic movie and television lawyers addressing the jury with earnest speeches such as: “Ladies and gentlemen of the jury, the evidence will show, beyond a reasonable doubt, that Mr. Smith did not place spikes along the route of the Tour de France, causing the blowout and tragic fatality of Mr. Anderson..”
When lawyers grandstand this way, they refer to the burden of proof. This burden describes the standard by which one side must prove a fact to have that fact legally established.
The person responsible for it depends upon the type of case being presented. For example, in criminal cases, the prosecution bears the burden of proving the defendant’s guilt, and they must establish that fact beyond a reasonable doubt or sufficient doubt based on the lack of evidence.
When Should I Call a Motorcycle Accident Lawyer?
Too frequently, motorcycle accidents result in catastrophic severe injuries that result in the long-term loss of work. Our motorcycle accident lawyers have assisted many clients with their disability claims. If you need help handling your claim, help is just a phone call away. Don’t let your rights slip away. Our lawyers are dedicated to your case. Tomassian, Pimentel & Shapazian have motorcycle accident lawyers on your side, ready and willing to make a difference. We hold negligent drivers accountable. Call 559-545-0383 for a free consultation.
