James Cunningham of Cunningham & Lansden is a Southern and Northern California motorcycle accident attorney and has owned and operated all kinds of motorcycles from "hogs" to "rice-burners."
The operation of a motorcycle on today's roads can be a risky business; not so much because of the guy on the motorcycle but because of the guy in the car. All who ride motorcycles know that many motorcycle accidents are a result of a left turn in front of a motorcycle. Skilled riders are trained to slow as they approach an intersection and even watch the head of the driver in the left-turn pocket to see if they are attentive to oncoming traffic. We who ride motorcycles know the value of driving defensively. But the greatest skill on our part can only increase our chances of safe operation and can totally account for the stupidity or inattention of the guy in the car. Don't be like the rider who said "I never had an accident that was my fault."
If we were to ask our motorcycle accident clients, "...would you rather have a great law suit or have had no accident at all..." they would uniformly declare "...no accident at all!" Cunningham & Lansden Southern and Northern California motorcycle accident attorneys strongly supports the many organizations and foundations promoting motorcycle training and safety. We encourage all who ride motorcycles to participate in these programs. Many can be found on the Net by searching the key words "motorcycle safety."
Just because you have been struck by a car, do not assume the issue of liability (fault) is a "slam-dunk" on the driver. If you are involved in a law suit, the Defense attorney will, no doubt, be highly skilled in defending motorcycle accident suits on behalf of automobile operators. He will probe into the following issues:
He will want to know about other motorcycle accidents, if any, you have had. How many safety courses have you taken? Could you have avoided the accident with proper training? Were you fully aware of your surroundings at the time of the accident? (For instances, if you were rear-ended at a stop light were you looking in your rear-view mirror to see if someone was approaching from behind and did you have a plan of accident evasion if the approaching vehicle fails to stop?) He will want to know what your street survival strategies are. If you were touring, what was your preparation? What kind of protective gear were you wearing? Of course, if you are sitting at a red light minding your own business and are rear-ended from behind, on those facts alone, the other guy is going to be held fully responsible for your accident. But most accidents are not as clear cut as that. Defense attorneys are very skilled in these matters and are employed by insurance companies to see that you get nothing or as little as possible. The questions and avenues of attack the defense can perpetrate on you are endless.
One of the most important jobs your California motorcycle accident attorney has is to prepare you for the various attacks of the defense. You must be prepared for your deposition and your trial. (Although the vast majority of cases don not go to trial; most are settled). You never want to be like the Plaintiff who was asked "When the defendant made a left turn in front of you what did you do?" That Plaintiff answered "I laid it down because I did not know what to do." That Plaintiff was not properly prepared by his California motorcycle accident attorney because he was an experienced rider, knew what his options were, but laid it down because it was his only option. That plaintiff, under the pressure of trial, did not testify accurately; and it cost him big time!
As Sacramento motorcycle accident lawyers Cunningham & Lansden welcome inquires. We have offices throughout the California with principal offices in Camarillo, Sacramento and Placerville. Our Camarillo, Sacramento and Placerville motorcycle accident lawyers will answer your questions by email or just to call us for a free case evaluation.