You can sue for damages after a motorcycle crash in Sacramento. If you suffered injuries due to another driverโs negligence, a defective vehicle or negligent repair, unsafe road conditions caused by a third party, or if someoneโs wrongful actions caused the death of a loved one, you are eligible for compensation.
Consult a Sacramento motorcycle accident lawyer for advice.
Suing For Damages After a Motorcycle Crash Involving Driver Negligence
In all personal injury cases, demonstrating negligence is key to your case. Your attorney must show that the other motorist had a duty of care, breached that duty, caused your accident, and that the accident led to measurable losses.
For example, a driver failed to obey traffic laws or was not paying proper attention to driving. Their negligence led to a collision in which you suffered damages like medical bills, lost income, and pain and suffering. However, you may have to fight for your compensation.
Many drivers donโt even see motorcycles before a crash, and they may argue that you are the one who was at fault or that you are partly to blame. A motorcycle accident lawyer can investigate your accident, working to build a strong case for compensation.
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(916) 500-0000Suing a Manufacturer or Repair Shop After a Motorcycle Crash
When defects introduced during your bikeโs design, manufacture, or repair caused your accident, you can sue for damages after a motorcycle crash in Sacramento. Manufacturers are required to inform registered buyers about unsafe components that lead to recalls, but you may not have received notice.
You can check for recalls published by the National Highway Traffic Safety Administration (NHTSA) on its recalls page. Alternatively, you may need expert witnesses who can show that a component was faulty or that a design had inherent dangers. In either instance, the manufacturer may be liable for damages.
If a repair shop installed a faulty part or failed to perform their work correctly, causing your accident, they may be liable or share liability with a manufacturer. Once again, expert witnesses can testify that the repair shop should have known their work rendered your motorcycle unsafe.
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(916) 500-0000 Suing a Party Responsible For Causing Unsafe Road Conditions That Caused Your Crash
Motorcycles are especially prone to accidents caused by unsafe road conditions. Examples include potholes, poor drainage under wet conditions, and inadequate warning signage. Accidents like these occur under different scenarios, with those in which government authorities are to blame deserving separate consideration.
The Accident Occurred on a Private Road
If the accident occurred on a private road, the property owner may be liable. To sue them successfully, your lawyer must show that:
- A dangerous condition existed.
- The property owner or their representatives should have been aware of the danger.
- They failed to take reasonable steps to prevent people from being injured.
Itโs also possible that a contractor hired by the property owner shares liability. It will be essential to examine the specific circumstances surrounding the accident, including all contributing factors. A thorough investigation can also reduce the risk of someone trying to place more blame on you than you deserve.
A Private Contractor or Member of the Public Created an Unsafe Condition on Public Roads
If a person or private company caused unsafe road conditions that led to a crash on a public roadway, you can sue for damages after a motorcycle crash in Sacramento. The criteria for demonstrating liability are similar to those we discussed under premises liability. Examples include:
- A construction company is repaving a road. They leave loose gravel in your path, or their work lead to uneven surfaces. They fail to post adequate warning signage.
- Negligent waste hauling or loading leaves debris on the roadway, or you are struck by falling debris.
- A utility company leaves broken manhole covers or improperly filled excavations on the road, causing you to lose control of your motorcycle.
- A property owner allows runoff or debris to spill onto the road, leading to an unsafe road surface, which causes your accident.
- Overgrown vegetation obscures signage, leaving you unaware of a nearby hazard.
These examples illustrate how other peopleโs lack of foresight or consideration can endanger others. If you are affected, you are entitled to sue for damages to your property and any resulting injuries to your person.
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(916) 500-0000 Government Liability for Unsafe Road Conditions in Sacramento
In California, sovereign immunity does not fully protect government entities. This means that, under certain circumstances, you can sue them for damages after a motorcycle crash in Sacramento. However, the process is rather more convoluted.
Under Cal. Gov. Code ยง 835, authorities like the City of Sacramento or Caltrans can be held liable if they allowed a public road to present dangers and failed to provide proper warning. The requirements are that there was a foreseeable risk created by the government entity, or one they knew about and failed to mitigate. The dangerous condition directly caused your damages.
However, certain immunities and procedural protections are in place. For instance, there is a strict 6-month notice requirement, approved plans may imply design immunity, and limited liability for third-party actions applies. The process is complex, and you should consider getting professional help.
You Can Sue for Damages if a Motorcycle Crash Led to the Death of a Loved One
Losing a loved one is one of the worst things that can happen to anyone. While we realize that it may almost seem wrong to be thinking about lawsuits at a time like this, compensation can help to protect your familyโs financial security.
There are two elements to consider here. Your damages, such as loss of financial support, emotional distress, and loss of companionship, and the decedentโs losses, such as medical costs, lost wages, and pain and suffering. These are covered by two different types of lawsuits.
A Sacramento wrongful death lawyer can help close family members file a wrongful death lawsuit to address their damages. A survival action is brought by the personal representative or executor of the decedentโs estate. The proceeds will form part of the estate.
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Our lead attorney, Mr. Carichoff, has over 20 years of experience and focuses his practice entirely on personal injury litigation. Attorney Alina Bulgakova is similarly motivated to achieve justice for injured people, seeking the maximum possible compensation on their behalf.
The best way to find out if you can sue for damages after a motorcycle crash in Sacramento is to consult us. At Triumph Law, getting answers after what may have been a life-changing accident is free. We are the Sacramento area’s top personal injury litigators. Your triumph is our triumph. Call us today.