The firm supports bikers and their families, even in the case of fatal accidents, during the entire compensation procedure of civil aspect as well as during the criminal phase of the possible trial of the offender criminal aspect, before the criminal court and in some rare cases, the Assize Court.
A personal injury lawyer will intervene to compensate accident bikers against insurance companies and faulty motorists or other drivers of a land motor vehicle, flawed. There comes the use of the San Diego motorcycle accident lawyer now.
The objective is to assert:
- Initially, the absence of fault by the biker driver,
- Then, in a second step, to declare all the damage suffered, physical, psychological, property and extra property of the injured biker.
- Biker victims defend your rights by preserving them, choose a Personal injury lawyer
The passenger victim of the biker
The passenger of a motorbike or a 2-wheeler, known as the “passenger victim” of an accident, will always be considered as a fully-fledged protected victim, whatever the fault of the biker, the driver of the 2-wheeler or the motorist. It is, therefore, the Law which will apply in the latter case.
The passenger victim of the motorcycle accident will not fail to quickly approach a lawyer specializing in personal injury compensation so that the first useful contacts between insurers are organized.
The passenger can then approach either the insurance of the motorcycle driver or the motorist insurance, at fault in our example.
The fault of the victim biker
How to determine the motorcyclist’s fault? Is the motorcyclist’s fault really characterized? Finally, what are the incidences of gross biker fault?
In terms of traffic accidents, there are many prejudices against bikers who in no way help injured bikers to assert their victim status. A direct impact: Compensation for the injuries of wounded bikers is relatively complex since it will be necessary to combat the prejudices according to which the bikers drive fast and then commit numerous driving faults and are therefore at the origin of all road accidents. In which they are involved.
Each choice has its consequences, and your personal injury lawyer knows the scope of each of his actions. The firm regularly defends injured bikers and provides them with the assistance and expertise necessary for recognition of their status as victims and, of course, for the highest and fair compensation.
Very often, as soon as a motorcyclist or more generally than a two-wheeler is involved in a traffic accident, the difficulty lies in the very existence of the motorcyclist’s right to compensation.
The prejudices in driving motorcycles and especially large displacement motorcycles participate in this dangerous vision that judges have vis-à-vis bikers. They are often considered to be at fault, wrongly, limiting or even excluding any right to compensation. There is needed the motorcycle accident lawyer by your side.
Indeed, the insurer who invokes a fault of the victim biker driver and who of course intends to exclude or reduce his right to compensation should imperatively report, following the case law on road accidents and the law, double evidence:
- Proof of the existence of a fault
- Proof that this fault had a direct and certain influence on the occurrence of the road accident and on the damage resulting from that place.
Also, this fault must necessarily have had a causal role in the occurrence of the accident and therefore, on the extent of the damage.
At the origin of the reasoning, a well-established case law, two judgments delivered by the Plenary Assembly of the Court of Cassation. The Court of Cassation released the principle that the driver’s fault could not be such as to limit or exclude her right to compensation only if it was demonstrated that she had played a causal role in the occurrence of the accident.
In the present case, a biker who had consumed alcohol had had an accident. The insurance then naturally excluded his right to compensation. The Court of Appeal had considered that he had committed no fault at the origin of the accident. For the insurer, driving after having consumed alcohol was against the law. It constituted in this sense a particularly serious fault which should have affected the extent, even the very existence, of the right to compensation of the motorcyclist.
The Court of Cassation followed the reasoning of the Court of Appeal and considered that the motorcyclist’s right to compensation should not have been diminished because his state of alcohol had played no role in the accident. Although he was intoxicated, he was travelling typically when he was hit by a motorist who had not given him priority over a stop sign.
What does the injured biker in statistics mean?
However, it is often the loss of a loved one, deceased in a motorcycle accident, which reflects the difficulty of the bikers which is their fragility and the fragility of the family which in turn suffers a real trauma. Human life is very little compensated. And when it is necessary to seek compensation for the family, insurance has only one objective: to pay as little as possible.