Regrettably, motorcyclists are one group of people about whom many folks hold negative biases without reason. People stereotype motorcyclists as reckless thrill-seekers who are often exceptionally impatient on the roads. Sometimes, those biases seep into the law enforcement professionals who respond to -- and investigate -- motorcycle accidents. The reality is that a great many motorcyclists die or suffer serious injuries as a result of crashes that were completely outside their control, as they were the victims of other drivers who were not paying proper attention. Nevertheless, those biases must be overcome to succeed in a civil lawsuit, which means you and your family need an experienced San Mateo motorcycle accident lawyer on your side.
A recent afternoon in Fresno County turned out to be especially deadly for motorcyclists there. The first motorcyclist to die was a 57-year-old man who crashed into the K-rails alongside the road. According to the California Highway Patrol, the motorcyclist "intended to pass traffic" when he hit the barrier, FOX 26 reported.
An hour later, with police diverting traffic due to the first accident, a second crash (within the diverted traffic) also proved fatal. A 41-year-old man was attempting to pass traffic when his motorcycle slammed into an oncoming semi-truck. The CHP chalked up both deaths to the motorcyclists' "impatience."
We don't yet know all the facts about these two fatal crashes in Fresno County. Perhaps the motorcyclists were solely to blame. However, there are some things we do know, starting with the fact that, just because law enforcement initially determines that you (as a motorcyclist) or your motorcycling loved one were the sole cause of a crash, that doesn't necessarily mean that was true and it doesn't mean you cannot recover compensation through a lawsuit.
Inattentive Vehicle Drivers are Often the Culprits
That's because we also know that strong bias against motorcyclists exists in many situations. While people -- sometimes including the police -- tend to assume motorcycle crashes are almost always caused by motorcyclists themselves, that's not true. Many motorcycle crashes are the result of insufficiently attentive drivers.
The law says that vehicle drivers are responsible for seeing all things that reasonably should be seen. That includes seeing motorcyclists on the road. Frequently, the driver inattention that led to a motorcycle crash is the result of a car/truck/SUV driver who was driving while distracted, which is an ever-increasing problem with the endless proliferation of smart devices and other technological gadgets in our lives.
Circumstances like these are ones where it's vital to have skilled legal representation on your side. You need a diligent advocate who can, and will, put investigators at the accident scene ASAP to get as much of the forensic crash site evidence as possible, and will find the right expert witnesses (including human factors experts, accident reconstructionists, and more, if needed) to unravel the science and show how the other driver was at fault. The right legal team will also seek to track down additional eyewitnesses with crucial testimony about what happened.
This office recently obtained a $3.8 million settlement representing a motorcyclist, even after the police department concluded in its report that the motorcyclist was 100% at fault. That's what having the right evidence, and the right representation, to combat an unfavorable police report can do. For reliable advice and powerful advocacy to get you everything you're owed in your case, get in touch with the experienced San Mateo personal injury attorneys at Galine, Frye, Fitting & Frangos, LLP. We've spent countless hours fighting for other motorcyclists and their families, and we're ready to go to work for you. Contact us at 650-345-8484 or through our website.
