Motorcyclists face a greater risk of injury when they are involved in a left turn collision than do people in passenger cars. Unlike people in larger vehicles, motorcyclists do not have structures around them to cushion the force of an impact. In many cases, a driver of a larger vehicle claims not to have seen the motorcyclist. However, this failure to see may be a result of distracted driving or simply not expecting to see a smaller vehicle on the road. If you are a motorcyclist who was injured in a left turn collision caused by another driver, a skillful California motorcycle accident lawyer at The Law Office of Black & DePaoli, PCC can negotiate a settlement with insurers or take your case to trial as appropriate.
Pursuing Compensation for a Left Turn Collision
Left turn collisions often happen in intersections when cars that are hurrying to beat a red light turn into a motorcyclist. The driver of the car may be hurrying for personal reasons or because another car has honked at them. Sometimes a car that is traveling straight may also be speeding and strike a motorcyclist who is turning left. In a T-bone accident, they may hit the rider of a motorcycle head-on or on the side, and even at low speeds, the injuries may be catastrophic.
If a left turn collision was the fault of another driver, you may be able to recover damages. In most cases, you will need to establish the other driver’s negligence. This means that you will need to prove each of these elements: (1) duty, (2) breach, (3) causation, and (4) actual damages. All drivers in California owe a duty to motorcyclists and others with whom they share the road to use reasonable care. Breaches of duty may include speeding, using a cell phone while driving, running a red light, or starting a left turn when it is not safe. The driver turning left usually bears responsibility for what happens in the turn.
In some cases, a driver may be negligent per se. Negligence per se is a doctrine that applies if the defendant violates a traffic law, the violation is the cause of injuries, and the injuries are of the type that the traffic law was intended to prevent. For example, a driver who runs a red light and T-bones a motorcyclist turning left may be negligent per se. Generally, you are more likely to be able to use negligence per se if the police have cited the other driver or the driver was convicted of a legal violation, such as a DUI. Negligence per se may be helpful because it typically shifts the focus of the case from liability to the degree of damages.
Damages may be significant in a left turn collision case. A motorcyclist who suffers catastrophic injuries may need emergency care, medical treatment, long-term care, household services, and vocational rehabilitation. They may also be able to recover noneconomic damages, such as pain and suffering, mental anguish, and loss of enjoyment of life.
Retain a Knowledgeable Folsom Motorcycle Accident Lawyer
Since there is so little that protects a motorcyclist from the force of a collision, a crash with a larger vehicle may result in catastrophic injuries or even death for the motorcyclist. Our principal, Travis G. Black, previously worked in the insurance industry and understands how insurance adjusters think. If you suffered injuries or a loved one was killed in a left turn collision in the California area, you should consult us. Our attorneys provide skillful legal representation from our Folsom office. To obtain a free consultation with a Folsom motorcycle accident lawyer, call The Law Office of Black & DePaoli, PC at (916) 962-2896 or contact us online.