Who Pays for Medical Bills After a Motorcycle Accident?

-Posted On October 20, 2022 In Motorcycle Accidents,Motorcycle Community-

As a motorcyclist, you risk getting into an accident every time you head out on the road. From unsafe road conditions to dangerously negligent drivers, motorcyclists are vulnerable to serious injuries and collisions. If you find yourself in this situation, you could face significant financial hardship, physical pain, and emotional suffering.

In California, the person or entity who caused your accident is financially responsible for your damages. The liable party is required to pay for your medical bills, as well as lost wages, property damage, and other losses. To find the defendant, you will need to determine who was at fault. A California personal injury attorney can help navigate your legal case.

California Is a Fault State for Motorcycle Accidents

Like most states, California follows a fault-based system for road accidents. If someone’s actions cause a collision, he or she is responsible for any damages that the victims suffered. California law requires drivers to carry liability insurance to protect themselves and uphold this duty in the event of a collision.

If you are injured while riding your motorcycle, you have the right to pursue a claim against the at-fault party for your damages. Depending on your situation, you could file one of the following types of claims after a motorcycle accident:

  • A third-party insurance claim against the at-fault party
  • A claim against your insurance if you have the right coverage
  • A personal injury lawsuit in civil court

Potential Liable Parties in a Motorcycle Accident Claim

Many factors could lead to a motorcycle accident. Some of these collisions are caused by circumstances outside of your control, like bad weather. However, defective vehicle parts, road hazards, and dangerous driving may also contribute to these collisions. 

To determine who is required to pay for your medical bills, you will first need to identify who caused your collision. Many parties could be liable for a motorcycle accident:

  • Drivers: Motorists have a duty to follow California traffic laws, but they often commit negligent actions while driving. If your accident was caused by a driver who failed to obey the rules of the road, you could file a claim against him or her. Examples of driver negligence include failure to yield the right of way, speeding, and unsafe passing.
  • Manufacturers: Some motorcycle collisions happen because of defective motorcycle or vehicle parts. If a malfunctioning product caused your accident, you could file a product liability lawsuit against the manufacturer. You may also name the product’s distributor and retailer in the claim.
  • Government Entities: Certain government agencies have a responsibility to build and maintain safe roads. Compared to drivers, motorcyclists are often more vulnerable to road hazards like sharp turns, potholes, and loose gravel. If your accident was caused by a road hazard, you can file a claim against the agency responsible for keeping the road safe.
  • Commercial Motorists and Employers: If you are injured by a commercial driver, like a trucker, you can file a claim against that driver. You can also name the driver’s company in your claim if he or she is an employee of that entity. 

Speak to an Attorney to Identify the Liable Party

Determining fault in a California motorcycle accident claim can be challenging. In these situations, you need the time, resources, and dedication of an attorney on your side. As soon as possible after your accident, contact a California motorcycle accident lawyer to represent your case and initiate your claim.

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