I have been a long time rider of motorcycles, and as such have intimate knowledge of the special issues and problems related to Motorcycle Accident cases. I understand from a “riders” point of view how motorcycle accidents normally happen and the catastrophic injuries that can result from motorcycle accidents.
Most motorcycle accidents occur for two reasons; cagers (people driving in cars, also known as cagers to the riders of motorcycles.) either fail to see the motorcyclist before the accident, or demonstrate a reckless indifference towards the right of a motorcyclist to share the same road as their car for whatever reason.
Most motorcycle accidents occur at intersections on city streets. It’s usually the same old scenario, a car or other vehicle makes a left hand turn in front of the motorcyclist who has the right of way, causing the motorcyclist to either: (1)”lay it down” if he or she has time; (2) Violently swerve to avoid the impending collusion, usually resulting in the motorcycle striking another object; and/or (3)The motorcycle slams into the vehicle throwing the ride into the air.
There are many other motorcycle accident scenarios which will not be discussed here, but with which we (and you as well) are intimately familiar.
The Cager usually uses the same old excuse; I did not see it. In some instances it has been reported to us that Cagers seemed to have purposefully swerved into or ran a motorcycle off the road for whatever reason. In the instance of this type of conduct, we would consider the case to be an intentional act and seek punitive damages from the cager.
In California, lane splitting is legal. Many accidents occur when cagers change lanes right into a motorcyclist, while the motorcycle is splitting lanes. Sometimes cagers will actually swerve over to cut off the motorcyclist who is splitting lanes just because they are angry that they have to wait in traffic or for whatever other reason.
Pursuant to California Law, Motorcyclist have the same rights to use public roads, as other motor vehicles. The excuses that we have heard used as defenses to cagers hitting or cutting off motorcyclist just do not cut it. “I did not see him,” is no excuse. Each motorist on the road has a duty of due care to watch out for their fellow motorist.
When you are selecting a lawyer for your Motorcycle Accident Case, ask him one simple question; Do You Ride?
It is very important to select a lawyer that actually knows from a riders point of view how motorcycle accidents happen. I do not ever suggest retaining a lawyer for your motorcycle accident case just because you see a fancy ad in a magazine. That does not mean squat. What matters is retaining a lawyer who rides and who has the knowledge to get you through your case.
You may contact me through my website if you have had a motorcycle accident in California by clicking here.
Keep Both Wheels on the road!
Norman Gregory Fernandez, Esq. copyright 2006
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