How Can You Prove Fault in a Los Angeles Motorcycle Accident Case?

What is California’s Comparative Fault Statute?

Proving who is at fault in a motorcycle accident is critical when your personal injury law team is presenting and negotiating your case. Proving fault also significantly impacts the amount of compensation you’ll receive and the types of damages awarded.

California statutes adhere to the comparative negligence standard. Once fault is determined, the court will decide how much each involved party contributed to your injuries and their corresponding share of your damages.

For example, let’s say that you were riding your bike and suffered a brain injury caused by another vehicle making an illegal turn. The driver of the other car is found to be at fault for your injuries and legally blamed for your crash.

However, you were not wearing a helmet during your accident, which may have worsened your injury.

Ultimately, you are awarded $300,000 in damages for your accident. However, the court (or jury) decides that 90% of the fault lies with the other driver, but 10% falls on you for not wearing a helmet. This would result in your damages being reduced by 10% due to your actions, and you would be awarded $270,000.

You must note that the division of blame is never usually apparent. Additionally, the insurance company and the defense lawyers will downplay their client’s fault and attempt to blame you as much as possible.

That said, the best legal path to take is to have an experienced, intimidating, and knowledgeable motorcycle accident lawyer aggressively act on your behalf. This is critical for you to get the total compensation you rightfully deserve.

What Are Examples of How My Personal Injury Lawyer May Prove Fault in My Motorcycle Accident?

When you’ve been in a motorcycle accident, proving the other driver’s fault and their percentage of responsibility are highly significant factors when presenting and determining damages in your case.  

If you cannot prove fault adequately for your accident, it will significantly lower your chances of receiving a settlement or the compensation you need to recover and thrive.

California laws are specific on these points, and legally, you must usually prove five significant elements, which are:

• Duty of care – All drivers have a legal responsibility and duty to behave in a manner that will not cause injury to other drivers on the road.
• Breach of that duty—You and your thorough personal injury lawyer must prove that the other driver breached their duty and did not take reasonable care toward other drivers.
• The other party’s actions caused the incident—Your lawyer will show that the other driver’s negligence caused your accident, injuries, and possibly other damages.
• Proximate cause – This factor will determine whether your injuries were foreseeable due to the other driver’s actions (for example, drunk or negligent driving).
• The extent of your injuries or damage – It must be proven that your motorcycle accident caused your injuries, possible lost wages, high medical bills, and more.

Proving these facts might seem daunting, and, at times, it is. However, your diligent, strong, and determined personal injury lawyer will know precisely how to prove these factors and get you the compensation you and your family deserve.

What Forms of Evidence May be Used to Prove Fault?

Proving fault in a California motor vehicle accident is generally the same whether you’re driving your motorcycle, car, or truck. That said, proving fault is never a simple legal task, but it will enormously impact the compensation and other damages you will receive.

It’s a sad fact that all insurance companies will only pay what they’re made to and not want you wish they would. That’s why using a skilled, intimidating, knowledgeable, and diligent personal injury lawyer is invaluable to your case.

Nothing is commonly “clear cut” in these cases, and adequately collecting evidence and recording your accident’s details is a significant factor.

All cases differ, but commonly, the evidence needed to prove and win your case consists of:

• The official police report, which is highly valuable in court.
• Eyewitness statements and their first-hand views on what occurred.
• Surveillance camera footage that may be available.
• Personal details you record at the scene of your accident.
• The physical damage to your motorcycle, helmet, clothing, etc.
• Hospital and medical bills for your immediate treatment, and more.  
• Other accident-related financial information, such as evidence of lost wages, etc.

• A detailed analysis of your insurance policy information, etc.

Collecting the needed evidence is another critical factor in your case, and your thorough and well-versed motorcycle accident lawyer will have the knowledge and resources required to complete this vital task fully.

How May Proving Negligence Affect My Motorcycle Accident Lawsuit?

Due to the other driver’s behavior, a solid negligence case may be proven even if they’ve not been cited for violating traffic laws.

For example, eating while driving in California is legal, but that doesn’t mean it is right. Most seasoned drivers know that eating while driving poses an unreasonable risk to other drivers and themselves. Therefore, some types of eating might undoubtedly cross the line into negligent behavior.

Recent statistics show that automobiles cause about 60% of motorcycle accidents. Rationally speaking, the car’s driver did not intend to endanger the motorcyclist, but their negligent or reckless behavior caused the crash.

It’s, therefore, good to know that, in California, your motorcycle accident attorney doesn’t need to prove intent by the negligent driver to recover compensation for you and your family. Your competent and well-versed motorcycle accident lawyer must only prove that the driver’s careless actions led to your motorcycle accident.

California law has three standards for injury cases, each differing in the level of knowledge that you, as the victim, must prove.

In intentional torts like assault or battery, you must prove the at-fault party intended to commit the act that injured you.

On the other hand, strict liability torts fall on the other end of the legal spectrum. For strict liability, your lawyer must prove the action occurred and that it caused your injury.

For example, if a neighbor’s dog bit you, you only must prove you were on their property legally, but nothing about the dog’s or owner’s intent.

Legal negligence exists somewhere between these two standards. Your highly trained motorcycle accident lawyer only needs to show that the at-fault party knew or should have known their actions were unreasonably risky.

Admittedly, this sounds vague and usually is, but your professional personal injury lawyer, who has litigated myriad accident cases, will know precisely how to proceed in your best interest.

I’ve Had a Motorcycle Accident and Need Compensation to Recover; How Should I Proceed?

You begin to see that even in what seems a clear-cut motorcycle accident case, the insurance companies and the other driver’s lawyers can cast doubt on who is rightfully to blame for your injury.

However, after fault is established and your damages are calculated, your Los Angeles motorcycle accident lawyer still has to negotiate with the insurance companies for fair and total compensation.

The highly trained, determined, and profoundly knowledgeable motorcycle accident law team at California Legal Counsel has a long-standing and award-winning history of fighting and winning for their personal injury clients.

Call them today at 866-691-2077 for a free 15–20-minute consultation on your unique case. You can be assured that they will provide you with the genuinely professional, empathetic, and tireless service you need at this critical time in your life.