Oakland Car-Motorcycle Collision
There is little that is better than taking in Oakland on a motorcycle. The gorgeous weather makes traveling the winding roads and enjoying the beautiful scenery possible all year round. Unfortunately, not all rides end well. Oakland car-motorcycle collisions are all too common, and most often leave bikers with some of the worst injuries seen on the roads.
Speaking to an Oakland motorcycle accident lawyer is vital after any crash. Bikers will have to deal with insurance companies and there is a possibility that they are due compensation after an accident. An attorney can help bikers with the many steps they need to take after a crash.Personal Injury Claims vs. Personal Injury Lawsuits
Motorcyclists have two options after an Oakland car-motorcycle collision. They can make a personal injury claim through the at-fault driver’s insurance company, or they can file a personal injury lawsuit. Either option will allow the biker to receive compensation for their injuries.
When a personal injury claim is filed with the insurance company, they will conduct an investigation into the crash. Upon completion of that investigation, they will offer a settlement to the motorcyclist if they find the other driver at fault. That settlement is rarely enough to cover the cost of injuries, so negotiations will begin. If the insurance company and the motorcyclist reach an agreement, the biker will begin receiving benefits. In some cases, though, the accident victim will have to waive the right to sue the at-fault driver.
If the settlement offered by the insurance company is unfair, or they deny the claim altogether, bikers often find they must file a personal injury lawsuit to get fairly compensated for the accident. This is a civil legal action in which the biker will tell the courts that the other driver was at fault and demand compensation for injuries incurred. Many of these cases are settled before ever going to trial. However, some do go to trial, where a judge or jury will determine how much compensation the biker is owed.
It is important that any biker involved in an Oakland car-motorcycle collision speaks to an attorney as soon as possible. A lawyer can help those injured file either a personal injury claim or a personal injury lawsuit. They will also give bikers their best chance at receiving fair compensation.Proving Fault in a Motorcycle Accident Lawsuit
Motorcycle accidents, like most areas of personal injury law, rely on the legal concept of negligence. Negligence occurs when one person fails to act with reasonable care and that carelessness or recklessness causes an accident. To prove negligence, the injured individual must prove five elements of the case.
- Duty: The motorcyclist must prove that the other driver had a duty of care to keep everyone on the roadways safe. In motorcycle accidents, this is fairly easy to prove, as everyone on the road has a responsibility to keep those they share the road with safe.
- Breach of duty: The biker must prove that another driver breached that duty of care. In other words, the biker must show that the other motorist was driving carelessly.
- Cause in fact: This is sometimes referred to as “but-for” because it proves that if it was not for someone else’s actions, the biker never would have been injured.
- Proximate cause: This element of proof shows that the injuries sustained were foreseeable. In the majority of motorcycle accidents, the courts will determine that when a driver is negligent, it is foreseeable that negligent driving will result in injuries to a motorcyclist.
- Damages: Lastly, the motorcyclist must show they suffered real damages as the result of the negligence. Without damages, there is no reason to claim compensation.
Proving negligence is often very difficult in a court of law, and the other side will attempt to defend the driver’s actions vigorously. Anyone hurt by another driver on the road must speak to a motorcycle accident lawyer in Oakland who has experience with the process and knows how to prove fault.Injured in an Accident? Contact an Oakland Motorcycle Accident Attorney
Whether filing a personal injury claim through insurance, or filing a personal injury lawsuit, anyone injured on Oakland’s roads needs to speak to a motorcycle accident lawyer in Oakland today.
If you have been injured in an accident, contact Willoughby Brod, LLP at (800) 427-7020. We know how to negotiate with insurance companies and if you decide to file a personal injury lawsuit, we will fight for your rights in court. Call us today for your free consultation so we can begin reviewing your options with you.