Fresno Motorcycle Accident Law
Under the California Vehicle Code, motorcycles are considered to be vehicles, and are subject to the same rules and regulations as any car. Motorcycle operators must comply with additional rules such as a requirement to wear a helmet and secure a special license.
Due to the small size of a motorcycle, it is wise to ensure that you exercise caution and obey the law on the roads. Speed limits exist for your protection and for the protection of others on the road. Breaking the law by speeding can lead to an accident and on a motorcycle you are more likely to be seriously injured than if you are in a car.
Comparative Negligence Under Fresno Motorcycle Accident Law
California adheres to the doctrine of comparative negligence in motorcycle accidents. Under comparative negligence, if you were careless, and your carelessness contributed to your injury, the amount you can recover will be reduced in proportion to your carelessness.
In the case of a motorcycle, for example, if you were driving a motorcycle with a broken headlamp, brake light, or tail light, especially if the accident happened at night, you may be found partially at fault.
Joint and Several Liability
California's joint and several liability rules make each person responsible for your injury liable for the entire amount of your economic damages, including items such as medical expenses and lost wages, regardless of each person's proportion of fault for your injury. Non-economic damages such as pain and suffering, emotional distress, and damage to family relationships are split between the people who caused your injury, according to percentage of fault.
Damages That Can Be Sought
If you are involved in a motorcycle accident, under the motorcycle accident laws in Fresno the person who injured you is responsible for:
| • Past, current, and future estimated medical expenses • Time lost from work • Any property that was damaged, such as your vehicle • The cost of hiring someone to do household chores |
• Any permanent disfigurement or disability • Your emotional distress, including anxiety, depression, and any interference with your family relationships • Any other costs that were a direct result of your injury |
Statute of limitations
You only have two years to file a lawsuit against the person who injured you.
Contact the Law Office of Rick Berman & Eric Schweitzer to speak to an attorney skilled in all aspects of Fresno motorcycle accident laws.
