Many motorcyclists love the thrill and freedom of riding a motorcycle. Part of the thrill is the lack of buffer between the motorcyclist and the elements. However, there are situations in which the thrill can turn into real danger and devastating injuries. Sometimes motorcycle accidents are caused by limited visibility. When other drivers do not see or recognize that they are sharing the road with a motorcyclist, there can be horrific consequences, including paralysis, brain damage, or death. The Los Angeles motorcycle accident lawyers at Sharifi Firm understand the hazards posed by careless drivers and are ready to help you fight for your rights.
Motorcycle Accidents Caused by Limited VisibilityAccording to the National Highway Traffic Safety Administration (NHTSA), limited visibility was the reason for 38% of all fatal motorcycle crashes in 2011. Limited visibility motorcycle accidents occur because the driver of a larger vehicle does not see or yield to a motorcyclist. A motorcycle is small, so even the smallest distraction can result in the driver of a larger vehicle failing to notice a motorcyclist with the right of way.
Quite often, drivers of larger vehicles state that they did not see the motorcyclist until it was too late to avoid hitting him or her. Motorcyclists sometimes take steps to make sure that they are more visible to other motorists, such as by wearing bright clothes, reflective helmets, or reflective tape on their clothes. They also may try to stay out of blind spots, avoid following too closely, maintain awareness of the surrounding vehicles and traffic conditions, choose a lane with more visibility, keep equipment in the car in appropriate working order, and refrain from riding in extreme weather conditions.
Often, however, limited visibility accidents are caused by the negligence of drivers of larger vehicles on the road and could not have been prevented by the motorcyclist. Drivers of larger vehicles may be drunk, distracted, checking a text, talking on the phone, surfing on the Internet, fatigued, speeding during bad weather, failing to check blind spots where a motorcycle may be riding, or driving too fast to see a motorcycle in the dark. Any of these situations may result in liability.
Often, a driver will turn around and blame the motorcyclist. Under the doctrine of comparative negligence, your damages can be reduced by an amount proportionate to your percentage of fault. The jury will evaluate not only the damages but also the arguments and evidence on both sides to determine how much at fault each party was. If the damages are $300,000, for instance, and you are determined to be 20% at fault and the driver of the larger vehicle is determined to be 80% at fault, you may be able to recover $240,000.
Damages that your attorney may be able to recover include both economic and noneconomic losses. Economic losses are tangible, documented losses, such as past and future medical expenses, out-of-pocket expenses, property damage, past and future lost wages, rehabilitation, and replacement services. Noneconomic losses are intangible losses that can vary depending on the individual characteristics of the plaintiff and the viewpoint of the jury. They may include pain and suffering, loss of enjoyment of life, loss of consortium, and mental anguish. How a jury responds to your attorney's presentation of your losses can dramatically affect the amount of noneconomic damages that you recover. Often, social biases play into the amount of a noneconomic damages award. For example, a jury is likely to view a visible facial scar on a young woman as being more painful and humiliating than a visible facial scar on an elderly man.
Consult an Aggressive Motorcycle Accident Attorney in Los AngelesIf you are injured or a loved one is killed due to a motorcycle accident caused by limited visibility, you should contact an experienced attorney. At Sharifi Firm, PLC, we can provide knowledgeable legal counsel and representation. Contact us at (866) 422-7222 or use our online form. We also represent victims in Los Angeles, San Bernardino, Temecula, Rancho Cucamonga, Glendale, Covina, and Riverside.