Motorcycle Accidents at Intersections
While motorists are expected to drive safely at all times, they must be especially careful at intersections and confirm that they have the right of way before proceeding. Many drivers fail to pay appropriate attention at intersections, however, and intersection accidents may be caused by drivers entering an intersection without ensuring that they have adequate clearance. Motorcyclists are especially vulnerable to intersection accidents, since careless drivers often fail to notice them until it is too late. Victims of motorcycle accidents at intersections should meet with an attorney to assess their options for seeking compensation for their injuries. San Marcos motorcycle accident lawyer Zev Rubinstein is proficient at aiding injured people in the pursuit of damages, and he will aggressively advocate on your behalf to help you strive for a successful result. Mr. Rubinstein has more than 25 years of experience and regularly assists victims in lawsuits in San Marcos, Oceanside, Carlsbad, Vista, and Escondido.Common Causes of Motorcycle Accidents at Intersections
There are many ways in which a motorcycle accident at an intersection can happen, but some causes are more common than others. For example, in many cases, a driver either will not notice a motorcyclist approaching an intersection from the opposite direction or will miscalculate how far away the motorcycle is and will turn left in front of the motorcycle, causing an accident. Motorcycle accidents also frequently occur when a driver attempting to turn right into an intersection does not ensure that he or she has adequate clearance and is struck by an approaching motorcyclist. In some cases, a driver will simply fail to stop and check for oncoming traffic, subsequently causing a collision with a motorcyclist.Proving Liability for a Motorcycle Accident
In many instances, when a person is injured in a motorcycle accident in Escondido, Carlsbad, Oceanside, Vista, or San Marcos, the person will seek damages in a civil lawsuit against the driver who caused the accident. Generally, a plaintiff in a motorcycle accident case will assert a negligence claim against the defendant. In California, to show that a defendant was negligent, the plaintiff must prove that the defendant owed the plaintiff a duty. In cases involving motorcycle accidents, the duty owed typically is the duty to operate a vehicle reasonably and safely, given the conditions present at the time of the accident.
After the plaintiff establishes the duty owed, the plaintiff must prove that the defendant's actions constituted a breach of the duty and that the breach proximately caused the plaintiff's harm. In other words, the plaintiff must prove that the collision would not have occurred without the defendant breaching the duty. Lastly, the plaintiff must prove that he or she suffered actual damages as a result of the accident. A plaintiff who successfully proves liability may be able to recover the cost of any medical treatment, compensation for lost wages if he or she was unable to work because of the injuries caused by the accident, and damages for pain and suffering.Comparative Negligence of Motorcyclists
Defendants in motorcycle accidents in Carlsbad, Oceanside, Vista, San Marcos, or Escondido often deny liability and attempt to avoid paying damages by attributing fault for the accident to the plaintiff. For instance, the defendant may argue that the plaintiff was speeding or did not have the right of way at the time of the accident. California has adopted a pure comparative negligence rule, however, which means that even if a plaintiff was partially to blame for an accident, he or she still can recover damages. Any compensation awarded to the plaintiff will be reduced proportionately to the plaintiff’s fault.Contact an Experienced Motorcycle Accident Lawyer
People involved in motorcycle accidents often suffer significant and lasting harm. In most cases, motorcycle accidents at intersections are caused by negligent driving. Attorney Zev Rubinstein has the skills and experience needed to help you prove that another party is liable for your injuries. Mr. Rubinstein frequently assists victims in personal injury lawsuits in San Marcos, Carlsbad, Oceanside, Vista, and Escondido. Mr. Rubinstein can be reached via the online form or at 760-804-2790 to set up a free and confidential meeting.