Motorcycle accident, Road accident
State law in California is based on comparative blame.
This means that in a personal injury case, the judge may decide that both the
plaintiff and the defendant share some of the blame for the mishap. A final
proportion of fault will be assigned to each party, and that amount will be
deducted from the plaintiff's compensation. motorcycle accident california
Assigning fault in a California motorcycle
accident
But what if a motorcycle rider is lane splitting when an accident occurs? Who is to blame?
Suppose the following:
On the 405, Michael the motorcyclist is heading south
on his bike. Michael slows down to stay in the flow of traffic because it seems
like it is moving slowly up ahead.
Finally, the flow of traffic slows to virtually a
complete stop. He chooses to take advantage of the opportunity to pass vehicles
in the centre and right lanes. Both lanes of traffic are going consistently at
a speed of around 15 miles per hour. He believes it is safe to cut in between
because he has a clear line of sight and there are no 18-wheelers in his way.
He maneuvers through the traffic at a speed of roughly
25 mph. After a few seconds, the middle lane's traffic picks up speed to
roughly 35 miles per hour. However, Michael picks up pace while staying in the
middle of the lanes since he still feels secure. motorcycle accident california
Sadly, the right lane didn't pick up speed as quickly.
Debbie Driver makes the decision to pull into the middle of the road rather
than wait in the right lane so she can accelerate. She double-checks her
mirrors and gives the right signal, but she fails to notice Michael moving into
her blind area. They collide as she starts to change lanes, leaving Michael
with serious wounds.
Who
is to blame?
Debbie performed nearly flawlessly. She utilized her turn signal, looked in both of her mirrors, and drove at a pace suited to the traffic. She did, however, start the collision by abruptly changing lanes. motorcycle accident california
Although Michael was legally riding in the middle of the road and moving at a reasonable speed, he ought to have re-entered a lane as the middle lane began to accelerate.
Even though Debbie and Michael were driving safely and in accordance with the rules, the accident nonetheless occurred. Debbie was sued by Michael on the grounds that she ought to have glanced more thoroughly behind her before changing lanes.
What to do after a
California motorcycle accident
If you’re in a motorcycle accident, there are
a few actions you can take immediately at the scene that will preserve evidence
and can help your legal case. Your immediate medical needs are the first
priority, though. Only worry about collecting evidence if you’re physically
able to do so.
- Obtain information from the drivers of all involved
vehicles. Get each driver’s name,
driver’s license number, phone number, vehicle registration, and license
plate number. This will be important when you’re dealing with your
insurance company.
- Call the police. A
police report is an important part of your claim documentation.
- Gather information from witnesses. Anyone who saw the accident or who
saw you riding responsibly immediately prior to the accident could be a
valuable witness. You don’t need to take a statement, but it’s important
to get each person’s name and contact information.
- Take photos at the scene. A picture is worth a thousand words. Take photos of all the vehicles involved at several angles to show damage. You should also take pictures of road conditions, any other property damage, weather conditions, street signs or signals, or any other factors that might have affected the crash. motorcycle accident california
