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for Motor Vehicle Accident Victims

Drivers have a legal duty to allow enough space for motorcycles

This article explains the legal obligations of drivers towards motorcyclists and the basics of a personal injury lawsuit if drivers fail to do so and injure a biker.

Driving is a task that requires full attention. This is easy to remember on a motorcycle; at any time, obstacles in the road, traffic congestion, or other issue may arise that causes the need for a motorcycle to stop suddenly or swerve. Drivers in their cars, however, may not be as aware of their surroundings. Still, it is the responsibility of every driver to leave enough space in front of the vehicle to be able to stop if necessary without crashing into a motorcycle.

Unfortunately, many drivers make the mistake of leaving too little room.

Each year, approximately half a million accidents are reported in California. The vast majority of those crashes are attributable to human error. The largest type of crash is a rear-end collision, according to the National Highway Transportation Safety Administration. The most common causes of a rear-end crash include driver inattention, tailgating, drunk driving, and ignoring weather conditions and road defects, among others.

Rear-end accidents also often result in serious injury, especially when a motorcycle is involved. Traumatic brain injury can be devastating to the injured rider, even if wearing a helmet. Neck and back injuries are common, as are disfiguring scars, burns, and broken bones. Tragically, fatal injuries resulting from this type of crash are not uncommon.

Legal options available

If a driver does rear-end another car or motorcycle, that driver can be held accountable for negligent driving through a personal injury lawsuit. Such a lawsuit allows the injured victim – or the victim’s family – to focus on recovering from the accident by helping to pay for medical expenses and lost wages. In order to recover in a lawsuit, the person injured (the plaintiff) must prove that the other driver was negligent, caused the plaintiff’s injuries, and the plaintiff suffered actual damages because of the injuries (such as by being unable to work or through pain and suffering).

In the wake of a fatal accident, the victim’s family has the legal right to sue to get help with their own recovery – fatal accidents are devastating to an entire family, and California law recognizes this. A wrongful death lawsuit helps surviving family members by helping to cover the costs of a funeral, medical bills, and the loss of companionship and earnings of the deceased.

Determining fault in a rear-end collision

There is no bright-line rule under which a driver is always at fault for an accident. However, the vast majority of the time the driver who slams into the back of a vehicle in a rear-end collision is at least a significant cause of the crash. Under California law, drivers have the duty to maintain a reasonable distance between the car or motorcycle in front of them in order to stop before crashing if the need arises.

Help with recovery

Motorcycle accident victims and their families can get help. An experienced personal injury attorney can negotiate with insurance companies, protect the rights and interests of the victim and victim’s family, and try to help a family deal with the aftermath of a devastating accident.

Our founding attorney, Scott J. Corwin, has more than 30 years of experience in representing accident victims injured in all forms of bicycle accidents, in the Los Angeles, San Bernardino, Riverside, Orange, San Diego, Ventura and Santa Barbara counties and throughout the state of California.

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"5+ Stars for this attorney! There is no better in my book. Thank you for being a great attorney and being there for me when I needed someone on my side. This is the attorney to hire!"

"Scott Corwin exceeded my expectations. He walked me through the entire process but didn't waste my time. He was professional, aggressive, communicative, and efficient. If you want the best, you've found him."

"Scott was diligent, professional, compassionate, honest, and responsive. Scott was able to get me 10 times more than I thought I would receive for my accident. I couldn't recommend a better personal injury lawyer."

"Mr. Corwin is truly an amazing professional with outstanding tenacity and incredible skill for the law. If you want an Attorney that will work and breathe your case, day and night, then Mr. Corwin is the right man."

"I was told that Scott's the best, and he didn't let me down. From the first meeting all the way down through settlement I felt like my interests were being represented by someone knowledgeable, skilled, and that genuinely cared about my outcome."

"The settlement Scott obtained for me has provided my family with the security we need for the future. I recommend Scott Corwin to anyone injured in an accident, whether it's a small case or a life altering injury. He will fight to get you what you deserve."

"The "Force" is with this man! I'm grateful for Mr. Corwin's professionalism and highly recommend him to anyone in need of hi-caliber legal representation."

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"I got into an accident and I thank god I found Scott Corwin right away. I was treated with respect and all my questions or concerns were always readily answered. He is a rare gem and I highly recommend him."

"I appreciate you for the respectful manner in which you interact with your clients. My experience with you was exactly what I think an attorney client relationship should be. Your keen sensibilities set you apart. You are the consummate professional."

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"I located Scott due to stellar reviews that I found online. He exceeded my expectations and I could not be happier with my settlement."

"I was very lucky to come across Scott J. Corwin. Scott made sure I got all the medical treatment I needed. I have worked with many attorneys in the past but Scott is by far the most knowledgeable, responsible, and detail-oriented. I highly recommend him."

"You did a tremendous job! I was extremely surprised and happy with my settlement amount. It was higher than I expected! You definitely are the Super Lawyer!"

"If you need a personal injury attorney who listens, cares about you, is candid, thorough, reassuring, who will be your legal advocate to protect your rights, and will do all he can to obtain the best possible settlement for you, then Scott J. Corwin is that lawyer."

"I have worked with many attorneys in the past but Scott is by far the most knowledgeable, responsible, and detail-oriented attorney I have worked with. I highly recommend him."

"Thank you for your professionalism. You maximized the result for your client and did so much faster than 99% of lawyers ever could or would."

"I am not sure dealing with the aftermath of an accident can ever be hassle-free, but using Scott as your lawyer is about as close as you'll ever get. I give him my most enthusiastic recommendation."

"I enormously appreciate all of the help and hard work you've done for me and for taking care of my doctor's bills."

"Scott was kind, caring and compassionate as well as being an aggressive attorney who was not afraid to take on the insurance company for us. He dealt with everything so I didn't have to deal with anything. I give Scott my highest recommendation."

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