San Jose Motorcycle Accident Attorneys
A drunk driver struck a motorcyclist recently. The motorcyclist sustained serious injuries and had to be flown to Robert Sayre Hospital. The driver was charged with failure to yield and keep right of way, driving under the influence, and reckless behavior. In addition to the injury to the motorcyclist, the driver was also charged with DWI and other traffic offenses. Read on to learn about the legal options for motorcycle accident victims.
Drunken drivers are more likely to be involved in motorcycle accidents than other types of motor vehicles. While drunken driving is always dangerous, it’s particularly hazardous for motorcycle drivers because they are impaired by alcohol. Drunk drivers can veer into other lanes and fail to maintain proper distances between other vehicles. They also lose coordination and attention. Even if a drunk driver does not have a blood alcohol content exceeding 0.08%, it can still be fatal.
Intoxicated drivers are dangerous for all road users. They not only endanger other road users but also cause injury to innocent motorcyclists. Drunk drivers are more likely to have accidents with motorcycles because they are impaired and cannot see properly. Because they lack awareness, it is difficult for them recognize motorcycles and to swerve into the opposite lane. As a result, drunk drivers frequently lose control of their vehicles and crash into motorcyclists.
Motorcycle accidents are more common intoxicated drivers. In fact, 33% fatal motorcycle accidents were caused by drunken or intoxicated drivers. Alcohol impairs judgment and response time and is responsible for many fatal motorcycle accidents. Fortunately, there are ways to prevent intoxicated drivers from causing motorcycle accidents. For example, you can avoid intoxicated drivers by drinking water before you head out on the road.
Speeding and alcohol use limit the driver’s margin for error. This also reduces the driver’s margin of error, making it harder for drivers to spot motorcyclists. Intoxicated drivers may also be reckless and not signal for motorcycles. Motorcycle accidents are more likely when they cause other vehicles to collide with motorcycles. Although alcohol-impaired drivers can cause accidents with any motor vehicle, they are at greater risk of causing fatalities.
While speeding is often a contributing factor in a motorcycle accident, other factors can contribute to the crash. Motorcycles are also at a higher risk of being involved in an accident due to improper lane changing or unsafe lane changes. Excessive speed reduces a driver’s ability to see the danger and causes more significant injury in a collision. The use of alcohol is also a contributing factor in motorcycle accidents.
You may have to pay for medical bills after a motorcycle accident. In most cases, your deductible and/or copays will need to be met. There may be out-of-pocket costs. These bills can be negotiated with your attorney to make it easier for you to pay. The attorney will keep track of what you have paid out of pocket and which bills are covered.
You may be eligible to file a claim for medical expenses if you are the victim of drunk driving negligence. Both you and the other driver may save time and money by filing a claim. You may be eligible for compensation for some of your medical expenses, but other damages may not be covered by your policy. The other driver’s insurance company will investigate the accident and determine if they are liable.
While you may think that your health insurance company will cover your medical expenses, a large part of the injury you suffer in a motorcycle accident is your loss of wages. You not only have to miss work but also suffer from pain, suffering, and even death. Medical bills can add up quickly. Your health insurance company may be responsible for covering some of these expenses, but you may also be entitled to a portion of the judgment or settlement. During the investigation, your lawyer may hire an accident reconstruction expert to examine the scene of the accident. Your lawyer may also contact eyewitnesses to help establish the driver’s guilt in the accident.
If you’ve been hurt in a motorcycle accident caused by a driver who was drunk, you may be entitled to compensation for your medical expenses. If your accident caused the other driver to be intoxicated, you may be able to collect compensation from his insurance company if you have insurance and personal injury protection benefits. If you’re in Kansas City and the other driver’s car is not, you may also be eligible to claim benefits from your car insurance policy.
The statute of limitations refers to the time between the date of injury and the time when a claim can be filed. In most states, this period is two years, although there are some exceptions. For example, a person may not discover their injuries until nearly two years have passed. In such cases, the statute of limitations to file a claim for motorcycle injuries begins to run.
Motorcycle accidents can be very serious. You may not know where to turn for legal representation or how to protect your rights. Illinois has a three-year statute of limitations. While most states have a one year statute of limitations, Illinois allows you to file a lawsuit if the driver at fault was not under the influence or drugs. In some cases, the statute of limitations is much shorter if the other driver was not intoxicated or texting while driving.
In some cases, a driver may be partially at fault for causing a motorcycle accident. Even if you share blame for the accident, your motorcycle injury attorney will be able to build a strong case and argue that the other party was partially at fault for the incident. The amount you can recover will depend on how much fault you have. If you are partially to blame, you won’t get the money you deserve.
You have two years in Oregon to file a claim for a motorcycle accident. You can ask a judge to extend your case if you discovered new injuries after you filed your lawsuit. However, this extension does not suspend the statute of limitations for motorcycle accident cases. To discuss your rights, you should immediately contact an attorney. You may be able to collect damages that would otherwise have been impossible.
In most cases, the driver of the other vehicle may be held liable for your injuries and damages. You must prove the negligence of the other driver. This is a difficult requirement to meet since the majority of motorcycle accidents are the result of another driver who did not follow the rules of the road. An accident victim can be held responsible for their actions. It is important to speak with a lawyer immediately after a motorcycle accident.
If you or a loved one has been hurt in a motorcycle accident, you may have legal options. If the accident was caused by the driver, a wrongful death claim could be possible. It is important to note that in New York, there are strict time limits for personal injury claims involving drunk drivers. Your attorney can advise you on these issues and help you decide how to proceed.
If you are injured in a motorcycle crash, you should call the police. The san jose motorcycle accident lawyer can help you gather evidence and file a report. They may also help you negotiate with the insurance company for payment. To avoid paying unnecessary medical bills, you will need to follow all medical advice. Taking pictures of the accident scene is important if you are to file a claim.
It may be possible to bring criminal charges against the drunk driver if he was responsible for the motorcycle accident. Depending on the facts, you may be able also to file a civil case against the drunk driver. Your lawyer will consider these factors as you work to file a claim. If you are less than 1% at fault, you may be eligible to recover 1% of the total damages.
You should take the time to evaluate the situation after an accident. Take your time to analyze the intentions of the driver and ensure you have an escape route in an emergency. Slowing down by even 10 miles per hour may increase your chance of survival. It may be too late if the driver didn’t stop for the motorcycle. Contact a motorcycle accident attorney in California to discuss your legal options.
After an accident, it is important to contact an attorney immediately. Most cases can be resolved quickly once the police have all the information. A lawyer will review your case and file a suit on your behalf. You can sue the other driver for damages if they were drunk or intoxicated. Also, you should get a medical exam from your doctor. The sooner you can recover from your injuries, the better.
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