Weather conditions are the most common cause of motorcycle accidents, especially bad or stormy weather, fog, rain, ice or any conditions that can lead to slick roads and/or reduced visibility. Reduced visibility is also a factor at dusk and early morning, which are the times of day when motorcycle accidents are most likely to occur.
The Rules Of The Road
The rules of the road are basically the same for both motorcyclists and the drivers of other vehicles. The sole exception is that motorcyclists are allowed to do lane splitting, which is what it’s called when a motorcycle slips in between lanes of traffic when it’s either moving slowly or stopped on the freeway. That is something no other vehicle is allowed to do.
Other than that, motorcyclists have their own license requirements to follow, but then, so do those who drive commercial vehicles, such as trucks and buses.
Any motorized vehicle with fewer than four wheels could be considered a motorcycle, regardless of the speed it’s capable of going. The same rules of the road would apply to a Vespa or a motor scooter, and they would be subject to the same helmet laws and same vehicle code.
How Do “Fault” and “No Fault” Apply To Motorcycle Accidents?
California is not a no fault state. In a “no fault” state like New York, if the person’s medical bills were below a certain amount, the insurance company will pay the person a stated figure. In California, it’s necessary to prove negligence on the part of the driver who hit the victim in order to claim medical bills, lost wages and pain and suffering damages.
Are Motorcycle Cases Easy To Win?
As with any other accident case, the way to win the case lies in finding fault on the other driver, so how easy a case is depends on the facts of the case. Insurance companies often argue that the motorcycle rider was partly at fault, which is sometimes the case, although it’s often not the case.
The public tends to be prejudiced against motorcycles, and insurance companies sometimes argue that they can get a higher percentage of fault on any given motorcycle case than on an auto case. Other than the comparative issue, there is really no liability that would be harder to prove than if it had been an auto case.
It’s easier to prove injuries on a motorcycle case because the motorcyclist is unprotected, so even if there was a significant collision, without the car to protect them, there is usually physical evidence of injury, such as a road rash, fractures or worse, and that makes proving damages a little easier.
How Long Do Motorcycle Cases Take?
When it comes to the length of time it takes, motorcycle cases are roughly the same as automobile cases. In California, someone in a motorcycle accident has two years to file a lawsuit, although attorneys usually won’t wait.
It takes about two years for the court to set a trial date or to settle, so the average case in California would take about two to three years.
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