Motorcycle riders account for about 6 percent of vehicle traffic. Yet the motorcycle rider serious injury and fatality percentage is three times higher. That one statistic underscores the serious risk motorcycle riders must assume every time they venture outside.
Because of these serious and fatal injuries, these victims are usually entitled to substantial compensation. Damages in a motorcycle crash claim usually include money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Since there is so much at stake, insurance company lawyers typically fight these claims tooth and nail. Frequently, they rely on the legal loopholes discussed below to reduce or deny compensation. So, a victim needs an equally-tenacious Los Angeles motorcycle accident attorney. Otherwise, the victim might be forced to settle for less.
Sudden Emergency
This doctrine often comes up if the rider stopped short or was stalled and a driver hit the bike. It has two basic elements, which are:
Reasonable reaction to
A sudden emergency.
Most people react reasonably in these situations. They pull over, wait for emergency responders to arrive, and help victims if possible. However, things like stalled bikes are not sudden emergencies in this context. This label belongs to hood fly-ups, earthquakes, and other completely unanticipated events.
Sudden emergency does not come up in motorcycle wrecks very often. The defense is more common in jaywalking pedestrian claims.
Comparative Fault
Most events in life, whether they are good or bad, have multiple causes. So, many SoCal jurors are willing to embrace the comparative fault defense. This doctrine shifts at least part of the blame for the
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