What's Expected of Motorcyclists

Motorcycling entails more than mere recreation. Operating a motorcycle necessitates a thorough knowledge of your vehicle, adherence to proper attire, and the practice of responsible riding. The following obligations are expected of you under California guidelines: 

• Be visible. 

• Clearly communicate your intentions to fellow motorists. 

• Be prepared to take appropriate action. 

• Wear proper protective gear, including a helmet. 

• Share the road. California law allows lane splitting, but it should be done with caution and only by experienced riders.  

• Regularly maintain your motorcycle to ensure its safety and functionality. 

• Follow all traffic laws and regulations. 

• Avoid riding under the influence of drugs or alcohol. 

• Stay alert and focused while riding. 

Motorcyclists need to understand their rights and responsibilities. If you fail to follow these expectations, you may not only put yourself at risk but also jeopardize your ability to seek compensation in the event of an accident. Always prioritize safety and responsibility while riding a motorcycle on Southern California roads and across the country. 

Understanding California's Pure Comparative Negligence Rule

California's pure comparative negligence law is a principle that allows injured parties to collect damages proportionate to their degree of fault, promoting a fair distribution of liability among all parties involved in an accident. Unlike some states, which follow contributory negligence principles that can bar a plaintiff from recovering if they're found even slightly at fault, California follows a system known as "pure comparative negligence." 

Under this system, a plaintiff can recover damages even if they are 99% at fault for their injuries. The idea is to allocate responsibility and damages in proportion to each party's degree of fault. For instance, if a plaintiff is found to be 30% at fault for an accident, their total damage award will be reduced by 30%. 

This doctrine is widely applied across various types of personal injury cases in California, including motorcycle accidents, premises liability cases, and product liability suits. Each defendant is liable only for the amount of damages directly proportional to their percentage of fault. 

This approach aims to ensure fairness by ensuring that all parties involved bear the burden of their actions, regardless of the degree of their fault. It's also worth noting that this rule applies even if the injured party's fault exceeds that of the other party involved. 

Applying Pure Comparative Negligence to Motorcycle Cases

Let's consider a scenario where a motorcyclist is involved in an accident with a car. In this case, both the motorcyclist and the car driver claim the other was at fault. After a thorough investigation and court proceedings, it was determined that the car driver was 70% at fault for not signaling while changing lanes, and the motorcyclist was 30% at fault for speeding. 

Under California's pure comparative negligence law, the motorcyclist can still recover damages despite being partially at fault. However, the total amount of compensation will be reduced by the percentage of their fault. 

So, if the total damages—including medical bills, lost wages, property damage, and pain and suffering—were calculated to be $100,000, the motorcyclist would only receive 70% of this amount, reflecting the car driver's degree of fault. This would result in a compensation amount of $70,000. 

The car driver, on the other hand, could potentially sue for their 30% of the damages, but given they were found to be more at fault, they would receive less. If their damages were also calculated to be $100,000, they would receive 30% of this, or $30,000. 

Common Causes of Motorcycle Accidents

Motorcycle accidents can happen anywhere but are most common in high-traffic areas, intersections, and highways. Factors contributing to these accidents include: 

• Distracted or inattentive drivers failing to notice motorcycles

• Speeding, which diminishes reaction time to motorcycles’ movements 

• Unsafe lane changes or lane splitting without awareness of motorcyclists 

• Alcohol or drug impairment, leading to reckless driving behavior

• Motorcycle defects due to manufacturing errors or lack of maintenance 

Consult with a knowledgeable personal injury attorney who can sift through the specific details involved in your case and fight for the maximum compensation. The esteemed lawyers at the Law Offices of Steven Zwick serve injury victims across the communities of Anaheim, Dana Point, Fountain Valley, Irvine, Laguna Beach, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Rancho Santa Margarita, San Clemente, Santa Ana, and Southern California. Reach out today for a free consultation.  

Southern California Motorcycle Accident Lawyers

Choosing the Law Offices of Steven Zwick means selecting a team that combines legal experience with genuine compassion and dedication. Our specialization in motorcycle accidents enables us to effectively represent our clients, fighting for their rights and the compensation they deserve. Serving communities across Southern California, we are committed to delivering justice for motorcycle accident victims, ensuring they receive the utmost care and legal representation during their recovery and legal battle.