| Read Time: 2 minutes | Motorcycle Accidents

Comparative Fault in California Motorcycle Accident Cases

If you have been involved in an accident while driving your motorcycle, it is likely that the insurance companies and adjusters will attempt to defeat any claims you have through comparative fault. In order to overcome this, reach out to an experienced personal injury attorney at Silva Injury Law.   COMPARITIVE FAULT IN CALIFORNIA   It is extremely common in cases involving a motorcycle accident that both the parties involved are partially at fault. When it is not clear that one party is the victim and the other is at fault, the courts will apply what is called the “pure comparative fault” method in order to determine which parties are entitled to compensation and what amount that compensation should be.   California’s comparative fault law is a pure comparative fault standard in cases that involve negligence and injury. Comparative fault, put simply, means that an individual will be compensated for an injury claim based on the individual’s share of the fault for the accident. Essentially, the more you are at-fault for the cause of the accident, the less compensation you will receive for your incurred damages.   As California has a pure comparative fault standard, this allows victims of accidents to recover compensation even if they are as much as 99 percent responsible for the accident.   As an example, you are involved in a motorcycle accident and you have a subsequent claim wroth $100,000. The insurance company can claim that you are 60 percent at fault for causing the crash, and if they succeed the compensation that you receive for your injuries would be reduced by 60 percent.   COMPARATIVE FAULT IN CASES INVOLVING MOTORCYCLE ACCIDENTS   It is unfortunately common for motorcycle accident victims to be struck by an automobile. These accidents can be the automobile driver’s fault, when they fail to check and see a motorcycle before pulling into an intersection or changing lanes. These accidents can also be the motorcyclist’s fault if they are driving negligently or recklessly. Most likely, it is a combination of fault.   There are unfortunate stereotypes which surround motorcycle drivers. Many believe that bikers are reckless and dangerous in the way they drive, exceeding safe speeds and irresponsibly driving through traffic. Insurance companies have a tendency to rely on these stereotypes and will often allege that a rider is responsible for causing a crash. Insurance companies will use this tactic as a way to reduce the amount they must pay in a claim. Under comparative fault standards, the more blame that is placed on the biker, the less money an insurance company is required to pay.   AN ATTORNEY CAN HELP IN YOUR MOTORCYCLE ACCIDENT CASE   An experienced personal injury attorney can understand the various tactics used by insurance companies, including the attempted use of comparative fault to reduce the potential value of a valid claim. If you have been injured while driving your motorcycle, you have a right for fair compensation. An attorney at Silva Injury Law can help you navigate insurance companies and comparative fault claims to ensure that negligent and reckless drivers are held responsible for the injuries and suffering they have caused you and your loved ones.

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| Read Time: 2 minutes | Auto Accidents

When Accidents Cause Traumatic Brain Injuries

Over a million people in California are diagnosed with Traumatic Brain Injuries (TBI) each year. Most of these injuries are caused by car accidents, slip and falls, falling objects, assaults, medical malpractice, sports injuries, and explosions. The severity of a TBI can range from mild to catastrophic, but all TBI’s require immediate diagnostic testing and appropriate treatment. It’s not always possible to know how great an impact a TBI will have on a person’s future. That’s why it’s important to speak to a California personal injury attorney as soon as possible after an accident.   What Is A Traumatic Brain Injury (TBI) A traumatic brain injury (TBI) occurs when a blow to the head disrupts the function of the brain. There are two main types of TBI, penetrating and non-penetrating. Penetrating TBI’s are injuries where an external object enters the brain tissue. Non-penetrating TBI’s are caused by an external force that results in the brain moving within the skull. Both types of TBI cause injuries that can range from mild headaches that resolve quickly to severe brain damage with long lasting consequences. That’s why it’s important to seek medical treatment immediately after any type of head injury.   Symptoms of Traumatic Brain Injuries (TBI) Many TBI’s are are not symptomatic immediately after an accident, so it’s important to look out for the following symptoms in the weeks following a head injury:   – Loss of consciousness – Nausea – Drowsiness – Dizziness – Blurred vision – Problems concentrating – Headaches – Balance problems – Speech issues – Abnormal mood or behavior   TBI’s can lead to brain bleeds, strokes, and serious irreparable brain damage if they are not diagnosed and treated in a timely manner.   Compensation for Victims of Traumatic Brain Injuries (TBI) California allows victims of TBI caused by the negligence of other parties to collect a large amount of compensation to cover their medical expenses, long term care, current and future lost earnings, pain, suffering, and mental anguish. In the most severe cases it’s possible for family members to assert their own claims for loss of services and loss of companionship of their spouse or parent that sustained a catastrophic TBI. When a TBI causes a person’s death, their family can make a claim for the loss of support, loss of inheritance, and other financial losses due to the death of their family member. Collecting compensation can greatly improve the quality of life for victims and their families. That’s why it’s important to contact a California personal injury attorney as soon as possible after an accident to discuss your legal rights.

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| Read Time: 2 minutes | Motorcycle Accidents

What To Do If You Have a Motorcycle Accident Injury

People that don’t ride bikes can never understand the feeling of freedom and exhilaration you feel riding down the highway on a motorcycle, but with this thrill comes risk. Motorcycles offer much less protection than closed vehicles, so it’s much more likely that you’ll suffer serious or even catastrophic injuries in a crash. It’s important to hire an attorney that’s familiar with motorcycle accident injuries and the insurance and safety laws that are often different than for other types of vehicles. That’s why you should consult with an experienced motorcycle accident injury attorney as soon as possible after your crash. What To Do After A Motorcycle Accident The first thing to do after an accident is to assess the physical condition of yourself and others involved. If there are injuries, immediately call 911 for the police and an ambulance. Never let anyone talk you into “not involving the police,” and “working it out without the insurance companies,” as reporting an accident is a legal requirement as well as condition of most insurance policies. If you are able to take photos or talk to witnesses, you should do this while waiting for the police and the ambulance. If you’re injured, don’t “be brave” and refuse the ambulance. Some internal injuries may not have symptoms and failing to get immediate help can be fatal. It’s helpful for your legal matter to show that your injuries were serious and caused by this accident by going immediately to the hospital by ambulance from the scene. If your condition is stable, this would be a good time to call an experienced motorcycle accident attorney for advice based on the facts of your accident. Motorcycle Accident Injuries Since many riders still don’t wear helmets, head injuries remain the most common motorcycle accident injury. Traumatic brain injuries can be minor, severe or even fatal due to direct contact between the head and the road at high speeds. Road rash is caused by contact between the skin and the road as thin clothing is scraped away along with layers of skin. Road rash can be serious enough to cause infections or nerve damage. That’s why smart riders wear leather jackets, heavy denim pants, boots and gloves. Muscle damage can be prevented or reduced by wearing knee and elbow pads under clothing and by getting medical attention as soon as possible after a crash. Wearing protective padding can also reduce the risk of sustaining “biker’s arm,” a type of nerve damage in the arms that is a common motorcycle accident injury. If you have been injured in a motorcycle accident, call Silva Injury Law, Inc. today!

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