Legal Question in Personal Injury in California

Negligence VS Fault

Riding a motorcycle to work, I hit a truck from behind when it stopped on 2-lane road. SUV in front of me was unable to stop in time, she took the right shoulder giving me first view of truck, truck driver opened driver door, blocking oncoming lane. No option but to hit truck. Minimal damage to truck, (small dent in bumper) $4 - 5,000 damage to m/c, broken left hand, sprained wrist/shoulder & bruises. (Military medical). Years of riding, (since age 12) limited damage all around. All witnesses state, "nothing I could do". CHP puts me at fault, regardless of circumstances. Truck driver & I both have same Insurance company, they put 51% fault on truck driver due to his negligence, (parking in roadway/blocking additional lane with door), 49% on me. But, they called and want to compensate me monetarily for injuries. Is it worthwhile to hire representation for such relatively minor injuries? Can I also look for compensation as m/c was my primary means of transportation? Thank you.


Asked on 11/29/99, 7:27 am

3 Answers from Attorneys
John Hayes The John Hayes Law Offices

Re: Negligence VS Fault

You are entitled to compensation for the damage to your motorcycle from your own property damage policy. You are entitled to reimbursement for your medical bills as well as pain and suffering, lost wages, and future medical bills. If the insurance company is claiming that you were also at fault even though you swerved to avoid the truck I think that a lawyer could help you in getting the insurance company to admit 100% liablity. It is hard to explain in writing how insurance companies work. The bottom line is they are not out to help you. My main office is in San Luis Obispo which is right in the middle of California on the coast. I do not know where you are located, but I represent many clients who live out of town. With the internet, phone and fax dealing with clients out-of-town is not a big deal. The insurance companies are usually out-of-town to. I would be happy to speak with you regarding your rights. I can be reached at 888-563-8529. The call and consultation are free. If you don't call me, call someone before you sign the release or you will lose the money that you are enititled to. I look forward to hearing from you.

John Hayes

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Answered on 12/01/99, 10:12 pm
Robert E. Drescher Law Offices of Robert E. Drescher

Re: Negligence VS Fault

As previously stated, you are entitled to compensation for the damage to your motorcycle as well as medical bills, lost wages, pain and suffering and future medical expenses.

It is difficult to say whether or not you need to hire a lawyer. The key issue is what is the insurance company offering you?? How much are your medical bills? Did you lose time at work? Are future medical bills on the horizon?

BEFORE you sign anything.. think first.. is the offer enough???

Please feel free to contact me should you have any questions.

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Answered on 12/01/99, 11:54 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Negligence VS Fault

Having a lawyer will sometimes get you a larger settlement but in the vast majority of small cases the lawyer's cut will leave you with a lot less than you would otherwise get. If you really want a lawyer to handle it first find out what they are offering and then tell the lawyer you will pay him 25% of what he gets you minus what they have already offered. Why should you pay a lawyer a share of something you have already been offered?

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Answered on 12/02/99, 12:12 am


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