Motorcycle Accident Lawyers in Sherman Oaks
Motorcycle Accident Lawyers in Sherman Oaks – Understanding Liability and Fault in Motorcycle Accidents
Determining who is at fault in a motorcycle accident is one of the most critical aspects of filing a successful personal injury claim. Unlike car accidents, where the fault is usually assigned to one of the drivers involved, motorcycle accidents often involve multiple liable parties. Holding the correct parties accountable requires a thorough investigation, expert analysis, and legal experience, which is why working with experienced motorcycle accident lawyers in Sherman Oaks is essential to building a strong case. One of the most common liable parties in a motorcycle accident is the driver of a passenger vehicle. Many motorcycle accidents occur because of driver negligence, including failure to yield, distracted driving, reckless driving, and failure to check blind spots before changing lanes. A driver who fails to notice a motorcyclist or violates traffic laws can be held responsible for causing an accident.
In some cases, government agencies may be liable if poor road conditions contributed to the accident. Hazards such as potholes, uneven pavement, poor signage, and lack of proper road maintenance can make roads dangerous for motorcyclists. If a government entity failed to maintain safe road conditions, it could be held accountable for the accident. However, suing a government agency requires specific legal procedures and strict deadlines, making it essential to have an experienced motorcycle accident lawyer handle the case.
Another potentially liable party is the motorcycle manufacturer. If a motorcycle accident was caused by a defective part, such as faulty brakes, a tire blowout, or engine failure, the manufacturer may be held responsible for the crash. A product liability claim can be filed against the manufacturer or distributor if the accident resulted from a design flaw, manufacturing defect, or failure to warn about known safety risks. We conduct detailed investigations to determine who is responsible for your motorcycle accident and ensure all liable parties are held accountable.
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How Comparative Negligence Affects Motorcycle Accident Claims
California follows a comparative negligence rule, which means that accident victims can still recover compensation even if they are partially at fault for the accident. However, the amount of compensation they receive will be reduced based on their percentage of fault. Insurance companies often try to use this law against motorcyclists, arguing that they were at least partially responsible for the crash to reduce the payout.
For example, if a motorcyclist is found to be 20% at fault for an accident and their total damages amount to $100,000, their compensation would be reduced by 20%, meaning they would receive $80,000 instead of the full amount. This is why having strong legal representation is critical—an experienced attorney can fight against unfair blame-shifting tactics used by insurance companies and work to minimize your percentage of fault.
Common arguments insurers use to blame motorcyclists include:
- Lane Splitting – Insurance adjusters may claim that a motorcyclist was engaging in unsafe lane splitting (riding between lanes of slow-moving or stopped traffic), even though lane splitting is legal in California when done safely.
- Speeding – If a motorcyclist was traveling above the speed limit, the insurer may argue that their speed contributed to the accident, even if the other driver was primarily at fault.
- Failure to Wear a Helmet – While California law requires all motorcyclists to wear helmets, not wearing one does not automatically mean the motorcyclist is at fault. However, insurers may argue that the rider contributed to their injuries by failing to wear a helmet.
We fight aggressively to dispute unfair claims of comparative negligence and ensure our clients receive the compensation they are rightfully owed.
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The Importance of Gathering Evidence in a Motorcycle Accident Case
Evidence plays a crucial role in proving liability in a motorcycle accident claim. Without strong evidence, insurance companies may try to deny or undervalue your claim. That’s why it’s essential to gather as much evidence as possible immediately after an accident. If you are physically able, taking the following steps can help strengthen your case:
- Take Photos and Videos – Capture pictures of the accident scene, vehicle damage, road conditions, and visible injuries. If possible, record dashcam or helmet camera footage of the accident.
- Obtain Witness Statements – Eyewitnesses can provide valuable accounts of how the accident happened. Collect contact information from anyone who saw the crash.
- Get a Police Report – Always call the police after an accident. The official police report can provide important details about faults, road conditions, and driver statements.
- Seek Medical Attention Immediately – Even if you don’t feel injured right away, it’s important to see a doctor. Some injuries, such as whiplash, concussions, or internal bleeding, may not be immediately apparent. Medical records serve as critical evidence in proving the extent of your injuries.
- Keep Track of Medical Bills and Expenses – Save all receipts and invoices related to your medical treatment, physical therapy, medications, and out-of-pocket expenses. This helps in calculating the full amount of compensation you are entitled to.
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Choose The Law Office of Pablo G Pinasco for Your Motorcycle Accident Claim
Choosing the right attorney for your motorcycle accident case can make a huge difference in the outcome of your claim. At The Law Office of Pablo G Pinasco, we provide:
- Aggressive Legal Representation – We stand up to insurance companies that try to blame motorcyclists for accidents and negotiate aggressively for maximum compensation.
- Thorough Investigations – Our team analyzes all available evidence, reviews police reports, collects medical records, and consults with experts to prove liability.
- Personalized Client Attention – We understand that every motorcycle accident case is unique, and we provide personalized legal strategies tailored to your specific circumstances.
- Trial-Ready Advocacy – If a fair settlement cannot be reached, we are fully prepared to take your case to court and fight for justice.
- No Upfront Costs – You Only Pay If We Win – We work on a contingency fee basis, meaning you don’t pay unless we secure compensation for you.
If you or a loved one has been injured in a motorcycle accident in Sherman Oaks, don’t wait to take legal action. Time is crucial in gathering evidence and filing a claim. Contact The Law Office of Pablo G Pinasco today for motorcycle accident lawyers in Sherman, and let us fight for the compensation and justice you deserve.
- (213) 699-HERIDO
- (424) 600-7148
- contact@lawpgp.com
- 5632 Van Nuys Blvd Unidad 3131, Sherman Oaks, CA 91401