Who can be Held Liable in a Pleasanton Motorcycle Accident?
Determining who can be held liable in a Pleasanton motorcycle accident is dependent on a number of different factors. Potential liability may lie with the motorcycle driver, a fellow motorcyclist, or a driver of a passenger or commercial vehicle; there is even the possibility that a company can be held liable and sued. For motorcyclists defending their right to claim compensation against those who claim otherwise, accident liability also depends on the resources to find evidence, the skillful use of facts, and the local landscape savvy that comes from an attorney from Carabin & Shaw of Pleasanton.
For more than 20 years, Carabin & Shaw attorneys serving in Pleasanton have dealt with numerous cases involving motorcycles, and while each had its own unique characteristics, circumstances, and clients needed analysis under legal, the bottom line is always who is at fault and who should pay.What to Ask First:
The first step in determining liability in a Pleasanton motorcycle accident is to evaluate the circumstances prior to, during, and following the accident. When you come for a free evaluation to discuss your case with one of our lawyers, some of the questions you should be prepared to answer are:
- Were others involved or was it just yourself?
- Was a Pleasanton police officer called to the scene of the accident?
- Was an accident report filed with police or your insurance company?
- Did you obtain a copy of the report?
- Did you notify your insurance company representative of the accident within 24 hours?
- Did your insurance adjuster explain who can be held liable in a Pleasanton motorcycle accident?
- If other people were involved, do you know if they notified their insurance company of the accident?
- If the other driver is at fault, did they admit culpability?
- Did others hear them admit fault?
- Were there witnesses to the accident who will testify on your behalf?
- Did you get the witnesses information?
- Did you get pictures at the scene of the accident?
- Was anyone injured? Any of the injuries serious enough to warrant hospitalization?
- Was medical treatment sought immediately?
- If medical treatment was not sought immediately, is there is a need for it now?
- Were others hurt, such as a passenger on your motorcycle?
- How seriously were the other person(s) injuries?
- Have you missed work and lost wages as a result of the accident?
- Did you accept a verbal or written settlement from the insurance for your motorcycle?
- Did you accept a verbal or written settlement from the insurance for your injuries?
- Do you know if the other individual(s) accepted any settlement?
These are just the beginning of the questions that your Pleasanton motorcycle accident attorney at Carabin & Shaw will ask you.Other Things to Consider:
Determining who can be held liable in a Pleasanton motorcycle accident is why the law offices in Pleasanton have attorneys standing by—we are the experts and ready to advise you of the best course of action following a motorcycle accident. Sometimes it’s quite obvious who is at fault when a motorcyclist is hit by another driver; however, there is the not so obvious times such as when another person is still culpable because they caused the accident though no contact occurred. An example of the “no contact accident” is when you deliberately lay down your cycle before impact and to avoid being hit by a negligent driver. That driver may still be held liable for the damage to your property and you of your injured.
Keep in mind, compensation is paid based on severity of injury, medical expenses, loss of time from work, lost wages, projected future medical expenses related to injuries sustained as a result of the accident and finally pain and suffering. If you are partially responsible for the accident then the settlement is paid out as a percentage of the award amount based on culpability for each party.
As in all things legal, there is a statute of limitations, or time frame in which a lawsuit must be filed. Once this time expires you can no longer file a claim or bring suit even if you have evidence to support your claim. Call our team of expert attorneys and let us help you prove liability. Our attorneys are available 24/7 and will provide a free initial consultation. You can reach us at 800-862-1260.