Category Archives: Personal Injury Attorneys

What Is NOT Included in Attorney-Client Privilege?

Thursday, September 30, 2021

If you plan on hiring legal representation, you have probably heard of the term attorney-client privilege. The attorney-client relationship is a sensitive one, and attorneys have an obligation to keep their communications with clients private and confidential. A lawyer cannot openly share or be forced to share information about his or her client, but there are certain exceptions to the rule. If crime or fraud was involved in a client’s communications with a lawyer, for example, attorney-client privilege no longer applies. 

Understanding Attorney-Client Privilege

Attorney-client privilege protects communications between lawyers and people who seek legal representation. This rule allows clients to share information without hesitation so that their attorneys can provide the most effective representation possible. Attorney-client privilege typically applies whenever an existing or potential client consults a lawyer who is acting in their professional capacity for legal advice, and the client reasonably expects the lawyer to keep their communications private.

Clients can choose to waive or forfeit this privilege at any time, but an attorney cannot. Attorney-client privilege can last long after the lawyer stops representing the client, and even after the client passes away. Potential clients who never hire an attorney are also protected.

In simple terms, an attorney can never share confidential information about any past, present, or potential client without his or her permission. However, there are some exceptions.

The Crime-Fraud Exception to Attorney-Client Privilege

When consulting with a lawyer, a client may choose to disclose information about past crimes or previous wrongful acts. These communications are protected by attorney-client privilege, and the lawyer will likely be unable to disclose this information. If the client communicates with an attorney with the purpose of committing a crime or fraud, the attorney-client privilege rule no longer applies. 

The crime-fraud exception applies if the following conditions are met.

  • The client was in the process of committing or intended to commit a crime or act of fraud.
  • The client communicated with his or her attorney to either cover up the crime or fraud, or to further his or her mission.

For example, say that a client seeks an attorney’s advice after a car accident. The client admits to the lawyer that he or she caused the accident but wants advice on how to manipulate evidence so that another driver looks to be at fault. In this situation, the client intends on defrauding an insurance company and the attorney is not obligated to keep his or her communications private. If the potential client was later arrested, the lawyer could be subpoenaed and required to testify against him or her. 

Confidentiality Exceptions for Imminent Harm

Under California law, if a client tells his or her attorney that he or she plans on committing a crime that that may lead to death or serious injury, an attorney is required to disclose it. Before disclosing this information, the lawyer must make a good faith effort to stop the client from committing the act and inform the client of his or her obligation to report.

For example, say that a lawyer receives a call from a client who says that he intends to kill the person who is filing a lawsuit against him or her. The attorney will be obligated to call the police and report the threat to the police. 

If you are facing any type of legal process, it is important to have an attorney on your side. As soon as possible following the initial incident, speak to a lawyer to discuss your legal strategy.

Posted by highrank at 4:54 pm

What Causes Poor Road Conditions?

Wednesday, September 29, 2021

When we think of traffic accidents and collisions, we tend to think that the situation must have been caused by a driver that was reckless, distracted, or under the influence. However, unsafe roadway conditions are an underlying contributor to a number of accidents across the country. A poorly designed, ill-maintained, or naturally hazardous roadway can pose significant risks to even the most careful driver. In this article, we’re going to discuss some of potential hazards that can lead to unsafe road conditions.

  1. Ill-Maintained Roads: If a road is not actively monitored and maintained by qualified professionals, it may deteriorate to the point that it becomes an active hazard for drivers using it. A poorly maintained road can result in a number of problems, including potholes and cracks in the blacktop. In some instances, a driver that hits an unexpected pothole may lose control of their car. This can cause the vehicle to veer into another lane or oncoming traffic. The car can also blow a tire or break an axle, resulting in a major collision.
  2. Defective or Confusing Roadways: In other cases, a highway may be unusually dangerous due to an improperly maintained center barrier. When properly installed and maintained, a center barrier reduces the risk of drivers entering the opposing lanes of traffic. They are designed to redirect vehicles on impact, lessening the impact of a collision and protecting drivers on the opposite side of the road. If not kept in good collision, the barrier may fail and lead to a significant crash. Roads with hard-to-see lines or a lack of proper signage can also cause problems for drivers. Particularly on difficult or unfamiliar roadways, a lack of proper direction can lead to a collision.
  3. Poorly Designed Roads: Some roads are dangerous due to intrinsic design flaws or oversights. Poor design can take a number of different forms, including: sudden or sharp curves with low visibility, blind corners, poorly lit roads, overly crowded roadways, inefficient merges that cause bottlenecks, ineffective drainage systems, a lack of shoulders for emergency stops, and obstructions such as trees or utility poles. If a roadway has a history of significant dangers and accidents, there may be an underlying factor in its design that contributes to such issues.
  4. Unorganized Construction Zones: From time to time, it’s vital to repair, expand, or reconstruct sections of roadway. However, if a construction zone is poorly marked or traffic is directed in a confusing or inefficient manner, drivers can be at additional risk of an accident. Misleading signs and unpredictable changes to the roadway can substantially increase the chances of a crash. Additionally, construction vehicles can pose an unfamiliar risk to many drivers. Large trucks, bulldozers, excavators, and other heavy-duty vehicles may be present on or near the roadway in a construction zone.

Contact Rodriguez & Associates for Collisions Caused by Dangerous Roads

It can be challenging to prove that your collision was caused or influenced by a poorly maintained road. The skilled Bakersfield dangerous road lawyers at Rodriguez & Associates evaluate your accident to help determine whether:

  • A public agency controlled or owner the road the accident occurred on
  • The road involved was dangerous at the time of the accident
  • A dangerous roadway condition directly influenced the collision
  • The crash occurred in such a way that the public entity could have reasonably expected given the dangerous condition
  • The dangerous roadway came about because of the public entity’s failure to mediate the risk to drivers

We’re prepared to support you through the legal process and provide the justice you and your loved ones deserve.

Posted by highrank at 3:10 pm

What Are Soft-Tissue Injuries?

Friday, August 20, 2021

The soft tissues in the body, such as the muscles, ligaments, skin, and tendons, can sustain serious trauma during an accident. Soft tissue injuries can result in severe pain, swelling, bruising, and other physical symptoms. If you sustained a soft tissue injury due to another person’s negligence, you may be eligible for financial compensation.

Types of Soft Tissue Injuries

There are two main types of soft tissue injuries: acute traumatic injuries and overuse injuries. Acute traumatic injuries come on suddenly and often occur due to an accident, such as a motor vehicle collision or a slip and fall. Overuse injuries occur slowly and develop over time.

Specific types of soft tissue injuries include the following.

  • Open soft tissue injuries: Lacerations, avulsions, and abrasions are acute traumatic injuries that involve open wounds. These injuries often result in a loss of blood and may leave permanent scars. Open soft tissue injuries can be very painful and require lengthy recovery times.
  • Contusions: This type of soft tissue injury does not involve open wounds but does occur due to acute trauma. Blunt force usually causes a contusion, leading to pain, swelling, discoloration, and bleeding under the skin at the injury site.
  • Sprains: A sprain occurs when a ligament is partially torn, usually in the knees, ankles, and wrists. This type of soft tissue injury also occurs due to acute trauma and may take weeks to heal.
  • Strains: This injury often occurs due to overuse, force, or stretching. Strains typically involve the muscles or the tendons and can severely limit mobility during the recovery period.
  • Tendonitis: This overuse injury occurs when the tendons, bands of tissue that connects muscle to bones, become inflamed. It often affects the elbows, hands, shoulders, hips, knees, and other joints.
  • Whiplash: This condition is a soft tissue injury that often occurs during a car accident. Whiplash occurs when the neck suddenly moves back and forth in a forceful, unnatural way. As a result, the muscles and tendons in the neck and upper back tear and twist, leading to serious pain.

Signs and Symptoms of a Soft Tissue Injury

A soft tissue injury may not be apparent at first, even after an instance of acute trauma. The signs of the condition may begin slowly and worsen over time. Common symptoms of a soft tissue injury include the following.

  • Pain
  • Swelling
  • Visible bruising
  • Bleeding
  • Muscle weakness
  • A limited range of motion
  • Joint instability
  • An inability to carry heavy weight
  • Muscle cramping or spasms
  • A lump or knot at the injury site

Legal Options After a Soft Tissue Injury

Many incidents can lead to a soft tissue injury. For example, you may sustain whiplash when another vehicle collides into the back of your car. You may slip on a puddle of water at the grocery store and sustain a contusion on your tailbone. These injuries can be very painful, requiring medical care and weeks of recovery time.

If you sustained a soft tissue injury due to another person’s negligence, you may qualify for an insurance claim or lawsuit. Through your claim, you can recover compensation for the medical expenses, lost wages, pain and suffering, and other damages you sustained due to the soft tissue injury. To determine whether you are eligible for legal action, speak to a Bakersfield premises liability attorney as soon as possible.

 

Posted by highrank at 3:06 pm

California Oilfield Statistics 2021

Wednesday, August 18, 2021

California is one of the top 10 oil-producing states in America, with Kern and Ventura counties home to much of that production. In these counties, oilfields provide employment for thousands of individuals, making it an important industry for the livelihoods of many families.

While work on the oilfield is inherently dangerous, the right safety precautions and processes can avert many disasters and oilfield injuries. It helps too, to be up to speed on recent facts about the ever-changing industry, and what those points and statistics mean for oilfield workers.

Some recent figures include:

● The California Geologic Energy Management Division (CalGEM) has jurisdiction over more than 242,000 wells, including nearly 101,300 that are defined as active or idle. The Division’s authority extends from onshore to three miles offshore.

● Annually, 34.9 percent of oil supply sources to California refineries came from California oil sources. Overseas sources as well as those in Alaska made up the rest of the percentages, according to the California Energy Commission.

● While California remains one of the top 10 oil-producing states in the U.S., production has been on the decline since the middle of the 1980s. CalGEM is currently working to further the state’s goal of becoming carbon-neutral by 2045.

● From 2008 through 2017, 1,566 workers died trying to extract oil and gas in the U.S. During the same time, the Occupational Safety and Health Administration (OSHA) cited companies in the extraction industry for 10,873 violations.

● According to the Census of Fatal Occupational Injuries, 489 oil and gas extraction workers were killed on the job between 2013 and 2017. Top hazards that can become fatalities are vehicle accidents, being struck by, caught in, or caught between equipment, explosions and fires, falls, being trapped in confined spaces, and exposure to harmful chemicals.

● Roughly 35,000 wells currently sit idle in California, with production suspended. An analysis by the Los Angeles Times and the Center for Public Integrity found that regions, including Kern County and Los Angeles, do not have enough money set aside to ensure these sites are cleaned up and made safe for all, now and in the future.

Daniel Rodriguez himself worked in the oilfields for years as a roustabout and mechanic, and knows firsthand how difficult and dangerous the work can be. If you have been injured in an oilfield accident, these statistics can help you determine if your situation warrants contacting an oilfield injury attorney and pursuing a claim. Please reach out to us today to discuss your case and receive support by filling out our online form or calling (661) 323-1400.

Posted by Lorrie Ross at 1:18 pm

What Is Sudden Unintended Acceleration?

Thursday, July 15, 2021

Car accidents can happen at any time, in any place, and for any reason. Many of these collisions occur due to negligent driving behaviors, such as speeding, running a red light, or driving under the influence. Other accidents occur due to bad weather, poorly maintained roads, and sudden unintended acceleration. If you are injured in an accident due to sudden unintended acceleration, you could hold the at-fault party accountable for your losses through an insurance claim or lawsuit.

Understanding Sudden Unintended Acceleration

Sudden unintended acceleration refers to the unexpected or uncontrolled acceleration of a motor vehicle. Some drivers may be unable to brake or control the vehicle once it starts to accelerate. This dangerous occurrence can cause you to lose control of your vehicle, resulting in a motor vehicle accident. If another vehicle in your vicinity experiences sudden unintended acceleration, the driver can crash into without warning—leading to severe injuries and vehicle damage.

Many factors may contribute to sudden unintended acceleration. These accidents may occur due to defective vehicle parts, such as defective brakes or a mechanical or electrical issue inside of the vehicle. However, some of these accidents occur due to driver error. For example, a driver may accidentally step on the gas pedal instead of the brake, causing him or her to collide into another vehicle.

Legal Options for Sudden Unintended Acceleration Victims

Victims of sudden unintended acceleration have multiple options for compensation after their accident. Since California is a fault accident state, the at-fault party is responsible for the collision must pay for his or her victims’ damages. If you are injured after a driver accidentally hit the gas instead of the brakes and collides into you, you could file an insurance claim or lawsuit against him or her.

Many cases of sudden unintended acceleration occur due to a defective vehicle part, however. In this situation, you could file a product liability lawsuit against the manufacturer, distributor, or retailer of that defective part. You may need help from a Bakersfield car accident attorney to identify the nature of the defect.

What to Do If You Experience Sudden Unintended Acceleration

If your vehicle starts accelerating uncontrollably while you are on the road, it is important to remain calm and take careful steps to regain control of the vehicle. The following tips can help you reduce the risk of a serious collision in the event of sudden unintended acceleration.

  • Try hitting your brakes and apply as much force as possible. Keep the pressure on the brakes steady. Do not pump the brakes.
  • Avoid jerking your steering wheel—this could cause you to lose control of your vehicle. 
  • Do not turn off your engine. This will not stop the vehicle; it will only cause you to lose control of the brakes and your steering wheel, which you need to safely bring your car to a stop.
  • Put your vehicle in neutral or depress the clutch. This will hopefully stop the engine from moving your vehicle forward.
  • Once your vehicle starts to slow down, pull over in a safe location on the side of the road. 
  • When the vehicle comes to a stop, turn off the engine, set the parking brake, and exit the vehicle.

While these tips can help protect yourself in case of sudden acceleration, accidents may still occur. As soon as possible after your collision, seek medical attention, call 911, and contact a Bakersfield car accident lawyer. Your attorney will be able to evaluate your case and help craft a compelling case for your right to compensation.

Posted by highrank at 4:53 pm

What to Do if Your Uber Has Been in an Accident

Wednesday, July 7, 2021

Many Bakersfield residents rely on rideshare services such as Uber or Lyft to travel from place to place. While these services may seem safe and reliable, Uber and Lyft drivers are not exempt from accidents. If you are in a collision while riding in an Uber or Lyft, it is important to remain calm and take a series of important steps to gather evidence, protect yourself, and secure the compensation you need to recover. 

Call 911

First, call 911 and report the accident to law enforcement. The responding officer will create a police report that you can use to prove your case. Collect the officer’s name and badge number so you can find the report later.

Seek Medical Attention

As soon as possible following the accident, seek emergency medical attention. Save all documents related to your treatment and injuries. These medical records will provide valuable evidence in your case, helping prove the nature and extent of the harm that you suffered in the collision.

You should always seek medical treatment, even if you do not feel hurt. You may have internal injuries that you are not aware of, and prolonged treatment could lead to serious complications. Additionally, failure to seek medical attention could harm your case’s credibility.

Record Important Information

After your accident, you will likely need to file an insurance claim against the Uber or Lyft driver or the rideshare company’s internal insurance policy. To file your claim, you will need to collect the following pieces of information from your rideshare driver.

  • The driver’s name, address, and phone number
  • The driver’s personal insurance information
  • Information about the Uber or Lyft insurance policy
  • The registration number, license plate, make, and model for the driver’s vehicle

You may not know who is at fault for the accident at this stage. To ensure that you have access to all available options, speak to the other driver involved in the collision. Collect his or her contact information, license and vehicle details, and insurance policy information for use in your future case. A California rideshare accident lawyer can evaluate your case and help you identify who is responsible for your accident. 

Document Evidence at the Scene

If you are able to move around the accident scene after the collision, you can gather other pieces of evidence that you can use in your future claim. Take photographs of your injuries, property damage, and the area around the accident. You should also photograph any damage to the driver’s vehicle. 

You can also take a screenshot of your Uber or Lyft app to prove that you were a passenger in the driver’s vehicle at the time of the accident. If there are any witnesses who saw the accident happen, ask for their names and contact information for use in your future claim. These individuals could provide valuable testimony on your behalf.

Contact an Attorney

As soon as possible after your collision, contact a Bakersfield rideshare accident lawyer to discuss your case and legal options. Navigating an Uber or Lyft accident claim can be complicated due to the presence of multiple insurance policies, and you may need assistance identifying your optimal path to compensation. 

A rideshare accident attorney can help you strategize your case and advocate for the recovery you deserve. He or she can evaluate your accident, conduct a full-scale investigation, and gather the evidence you need to secure maximum compensation. Speak to an attorney as soon as possible following your accident to discuss your legal options.

Posted by highrank at 2:43 pm

Do I Need a Lawyer? Signs of Child Sex Abuse at School

Thursday, July 1, 2021

Child sexual abuse is a serious crime that can have devastating and lifelong consequences for the victim, and it is on the rise in many education settings. Data cited recently by The Washington Post shows that reports of sexual assault at elementary schools and middle and high schools increased more than 50 percent between the years 2015 and 2018, the most recent year for data.

These reports of sexual assault rose from 9,600 in the 2015-2016 school year to nearly 15,000 in the 2017-2018 school year.

No child should have to go to school in an unsafe environment where this kind of abuse is a danger. Therefore, it is important for parents, teachers, guidance counselors, coaches, and other adults to know how to spot the signs of child sex abuse so they can, if necessary, intervene.

The CDC recognizes child sexual abuse as a public health problem, classifying it as an “adverse childhood experience (ACE) that “can affect how a person thinks, acts, and feels over a lifetime, resulting in short- and long-term physical and mental/emotional health consequences.” For example, RAINN notes that victims of child sexual abuse are roughly four times more likely to develop symptoms of drug abuse and to experience PTSD or major depressive episodes as adults.

The bottom line is that a child cannot consent to any form of sexual activity, and any adult engaging in such behavior with a minor, including teachers, coaches, and other school staff, is committing a crime.

Signs of child sexual abuse may be physical, emotional, behavioral, or a combination of all three. While it is not always easy to spot a case of child sexual abuse, some common signs include:

  • Sexually transmitted diseases or infections
  • Physical trauma in the genital area
  • Not wanting to be left alone with certain people
  • Not wanting to change clothing or bathe
  • Regressive behaviors such as thumbsucking or bedwetting
  • Sexual behavior that is inappropriate for the child’s age
  • Decrease in confidence or self-image
  • Excessive talk about sexual topics
  • Talk about a new adult “friend”
  • Mood swings (e.g., increased aggression)
  • Self-harming behavior
  • Changes in appetite
  • Excessive worry or fearfulness

These are only a handful of signs to look for if you suspect a child is the victim of sex abuse. It is highly important to note any sudden changes in behavior from the child and to report suspicious cases and situations. 

If you suspect your child has been the victim of sex abuse while at school or in the care of educators, you are not alone. Our Bakersfield personal injury attorneys have experience handling child molestation, sexual assault and sexual abuse cases involving teachers, daycare staff, coaches, and other school workers. We are here to help. Please reach out to us today to discuss your case and receive support by filling out our online form or calling (661) 323-1400.

Posted by Lorrie Ross at 7:40 pm

What Are Coup and Contrecoup Brain Injuries?

Tuesday, June 29, 2021

The brain is responsible for controlling our body’s most important functions, from memory and concentration to movement and speech. If you sustain any injury to the brain, you can sustain severe, long-term damage and permanent disability. Some of the most serious brain injuries are coup and contrecoup injuries, which occur when the brain hits the side of the skull. Without prompt treatment, a coup or contrecoup brain injury can be life-threatening. If you or your loved one was injured, a Bakersfield brain injury lawyer can help.

Symptoms of a Coup and Contrecoup Brain Injury

A coup brain injury occurs when your brain collides into one side of your skull, while a coup-contrecoup brain injury occurs both at the site of the initial trauma and on the opposite side of the skull. During a coup-contrecoup injury, the brain hits one side of the skull, slides to the other side, and sustains trauma on the opposite side of the initial trauma.

These injuries can be severe and result in painful symptoms, including the following.

  • Headaches
  • Loss of consciousness
  • Slurred speech
  • Confusion
  • Dizziness
  • Light or noise sensitivity
  • Coma

If you believe that you sustained a brain injury, it is important to seek medical attention immediately. Without treatment, you can sustain permanent and life-threatening damage to the neurons, blood vessels, and other structures in the brain.

Legal Options After a Coup or Contrecoup Brain Injury

A brain injury can occur due to many acts, including motor vehicle collisions, falls from high places, and acts of violence. If you sustain a coup or contrecoup brain injury due to another person’s negligence, however, you may be eligible for financial compensation. You could file an insurance claim or lawsuit against the at-fault party.

To establish your right to this compensation, you will need to prove that the at-fault party was responsible for your injury and committed an act of negligence. In a personal injury lawsuit, you will need to provide sufficient evidence to prove the following four elements.

  • The at-fault party owed you a duty of care. For example, drivers have a duty to follow traffic laws and drive safely.
  • The at-fault party breached his or her duty of care. For example, a driver who runs a red light or drives while drunk breaches his or her duty.
  • The at-fault party’s breach of duty caused the accident and your coup or contrecoup brain injury.
  • You sustained damages that you can recover in the lawsuit.

You can use many pieces of evidence to prove your right to compensation, such as medical records, surveillance footage, witness testimony, and police reports.

What to Do If You Experience a Coup or Contrecoup Brain Injury

If you experience a coup or contrecoup brain injury, it is important to seek medical attention immediately. Not only can emergency care help reduce the risk of life-threatening complications, but your medical records will be valuable for your future claim. Save all records related to your treatment and injuries.

Once you receive medical attention, contact a Bakersfield brain injury attorney as soon as possible. A lawyer can evaluate your case and determine whether or not you are eligible for a personal injury lawsuit. If you have grounds for a claim, your attorney will initiate your first steps toward compensation. Contact an attorney as soon as possible to discuss your legal options.

Posted by highrank at 1:11 pm

Critical Evidence After a Truck Accident

Monday, June 28, 2021

Truck accidents are physically and emotionally devastating events for those involved. Because of their size, commercial trucking vehicles tend to cause more destruction than a regular car would, so the risk of serious injury or even death goes up in a truck accident. In 2018, the most recent year for data, 5,096 large trucks and buses were involved in fatal crashes according to the Federal Motor Safety Carrier Administration

Even when truck accidents do not cause fatalities, they can cause serious injuries with life-long consequences, not to mention damage to private property and mental pain and suffering.

If you are injured in a truck accident and plan on making a claim for damages, you will need to be able to prove the truck driver or another third party, such as the trucking company, was negligent. From there, you will have to show that this negligence directly caused the accident and your injury.

The best way to do that is to have ample evidence. Here are some pieces you need to be sure of collecting in the aftermath of an accident with a truck. 

Accident reports. Police create an official report of the accident when they arrive on the scene. Get and keep a copy of this report for your own records. The trucking company will usually send a certified truck inspector who will examine the vehicle before it gets removed from the scene. This person will check for things like a manufacturing defect, low tread on the tires, or other potential factors in the accident related to the truck itself. Obtain a copy of their report as well.

Electronic logs. Federal law requires all truck drivers to follow Hours of Service regulations. These rules stipulate how long they are allowed to drive and when they must take breaks. Electronic Logging Devices (ELDs) automatically record this information and transmit it to the carrier. The point of these logs is to precisely record whether a trucker is keeping to their Hours of Service regulations or not. If they are not and cause an accident, these logs will be essential to your case.

Photos and witness statements. Take pictures at the scene of the accident: your vehicle, the truck, close-ups of the damage, tire or skid marks on the road, and any other visuals that could be relevant. It is also important to document cuts, burns, and other injuries. At the same time, have nearby witnesses give statements via video or written testimonials.

Evidence requested in a spoliation letter. Your attorney may send a spoliation letter. This document requests that all evidence related to the accident be preserved. That includes truck inspection reports, the truck driver’s qualifications and driving records, dispatch instructions, weigh station and loading dock reports, and the aforementioned driving logs. 

Any of this evidence will be easier to get with the help of an experienced truck accident attorney. At Rodriguez & Associates, our Bakersfield personal injury lawyers can assist you in navigating this complex area of personal injury litigation as you seek compensation for damages. Please reach out to us today to discuss your case and receive support by filling out our online form or calling (661) 323-1400.

Posted by Lorrie Ross at 5:13 pm

What Are Common Causes of Motorcycle Accidents?

Saturday, May 15, 2021

Motorcyclists face many dangers on California roads. Any accident between a motorcycle and a passenger vehicle can result in devastating injuries with long-term complications. While safe driving practices can help motorcyclists avoid preventable collisions, these accidents can occur for several reasons, including poor weather, dangerous road conditions, and negligent driver behavior.

Unsafe Lane Changes

One of the most common causes of motorcycle accidents involve unsafe lane changes. When a driver intends to merge into another lane, he or she must ensure that the roadway is clear before moving over. Unfortunately, a driver may rely on his or her mirrors to ensure the road is clear or fail to check the lane at all. A motorcyclist may be traveling in the driver’s blind spot when he or she is merging, leading to a serious collision.

Car Doors

A parked car can pose an unexpected risk to motorcyclists. In some cases, a driver may open his or her car door into the path of an oncoming motorcycle. The motorcyclist will then collide into the door, leading to very severe, often life-threatening injuries.

Driving Under the Influence

Alcohol and drugs impair many of the essential functions for driving. A driver may experience diminished concentration, motor skills, and judgement. He or she may be unable to focus on the road or react to unexpected situations on the road. As a result, the driver could easily lose control of his or her vehicle, run a red light, or commit another act of negligence that leads to a collision.

Speeding

Driving over the speed limit increases a vehicle’s risk of collision. If a driver is going too fast, he or she does not have enough time to react to a collision if he or she encounters a hazard on the road. Additionally, the faster that a vehicle is traveling, the greater the impact will be. A motorcyclist can sustain very serious injuries in a high-speed crash.

Motorcycle Part Defects

In some cases, driver negligence may not be responsible for a motorcycle collision at all. A defective motorcycle part, such as an improperly manufactured engine or poorly designed brakes, can cause an accident. A motorcyclist may lose control of his or her bike when an unexpected failure occurs, leading to severe injuries. In these situations, the motorcyclist could file a claim against the manufacturer, distributor, or retailer of the defective part.

Dangerous Left-Hand Turns

Many motorcycle collisions occur when a driver makes an unsafe left-hand turn. The driver may run a red light or fail to yield the right of way, colliding with a motorcyclist as he or she travels through an intersection. The driver may attempt to overtake or pass the motorcycle in an unsafe manner, leading to a serious accident. Motorcycles are much smaller than passenger cars, making them more difficult to see and more vulnerable to these left-hand turn collisions.

Poor Road Conditions

Other accidents may involve dangerous conditions on the road itself, such as potholes, cracks, or poorly designed streets. If a motorcyclist encounters these road hazards, he or she can sustain a serious accident without another driver being involved. In these situations, the motorcyclist could file a lawsuit against the government agency responsible for maintaining the road.

If you are in a motorcycle accident, it is important to speak to a California motorcycle accident lawyer. An attorney can represent you in your claim against the government, product manufacturer, or negligent driver. Contact a lawyer as soon as possible to discuss your accident and optimal path to recovery.

Posted by highrank at 5:32 pm