Legal Question in Personal Injury in California

Motorcycle Accident

My husband was involved in a motorcycle accident and sustained serious injuries. The accident report states that my husband made an unsafe lane change based on statements from one witness. Is this a case that we should still pursue in court. I think that the conclusion may be wrong. I am not sure how to proceed. My husband is still in the hosptial and will probably never be able to work again. Any advice or suggestion is appreciated.


Asked on 9/12/08, 3:41 pm

6 Answers from Attorneys

Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Motorcycle Accident

The witness statement would have to be read in conjuntion with other evidence such as the police report, physical evidence, etc. Sometimes experts have to be hired. What about the credibility of the other driver?

Also, the amount of insurance on the other side may matter as well as your UIM coverage on your policy. You need a consult with an experienced PI atty asap. If you are in the Orange County area, please call.

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Answered on 10/28/08, 5:13 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Motorcycle Accident

I cannot determine what issues your husband's case might involve until I know all the facts including how he got hurt. Police reports that have unhelpful content may be an issue, but may also not be, depending on the other facts. You may send me an email to discuss.

Regards,

Daniel Bakondi

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Answered on 10/27/08, 5:22 pm
Joe Marman Law Office of Joseph Marman

Re: Motorcycle Accident

In a police reoprt, the police officer ususally makes a determination of the primary cause, and perhaps also a secondary or contributing cause. If you can prove that the other drive was partially at fault, you can still get some compensation from the other party.

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Answered on 10/27/08, 5:27 pm
Terry A. Nelson Nelson & Lawless

Re: Motorcycle Accident

If the police report found him at fault, then it would be very difficult to settle or win this claim, though not impossible. IF you could somehow show the witness is wrong, or find other contradicting witnesses, even your husband's testimony, then it might be worth a shot. If you can show that the other driver was also 'contributorily' negligent, you might get something out of this. Feel free to contact me if you think you can create such doubt.

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Answered on 10/27/08, 5:34 pm
Charles Rossman Charles Rossman Injury Lawyer

Re: Motorcycle Accident

This is possibly a case of comparitive fault, in other words, contact an Attorney as soon as possible.

I make house calls.

Charles Rossman

[email protected]

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Answered on 10/27/08, 7:05 pm
Scott Righthand Law Office Of Scott Righthand

Re: Motorcycle Accident

This sounds like a very serious injury and needs to be addressed by an attorney immediately. The police officer's conclusion will probably not be admissible and the entire accident will need to be reconstructed using photographs, skid calculations, motorcycle experts and much more. If I were counsel in this case I would get out to the scene right away with appropriate experts and try to see what really happened here.

Although you have two years within which to file a complaint, evidence has a way of getting stale, memories fade, etc.

I have done many motorcycle injury cases and many catastrophic injury cases and would be happy to speak with you or meet with you at no charge to discuss your case. Scott Righthand, San Francisco

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Answered on 10/27/08, 7:55 pm


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