Posted on behalf of Arnold Law Firm on August 23, 2024 in Motorcycle Accident
Motorcycle accidents often result in severe injuries or fatalities, making these cases particularly challenging in both the legal arena and in the court of public opinion. Motorcyclists are 28 times more likely to die and four times more likely to be injured in collisions than those in cars or trucks. Despite these statistics, jurors may hold biases that unjustly attribute blame to motorcyclists simply for their choice of vehicle. This blog will explore how attorneys can effectively navigate these cases by understanding liability and addressing juror bias.
Motorcyclists frequently face prejudice in courtrooms. A study revealed that some jurors believe motorcyclists “should expect to get injured” just by choosing to ride. This mindset can lead to unfair comparative liability judgments, where motorcyclists are blamed without supporting evidence. As legal advocates, addressing these biases head-on is crucial and ensuring that the jury bases its decisions on facts rather than preconceived notions.
Motorcyclists have specific legal rights and responsibilities on the road, many of which are outlined in the California Vehicle Code. For instance, Vehicle Code Section 21658.1 legalizes lane splitting, which is defined as riding a motorcycle between rows of stopped or moving vehicles in the same lane. Commonly known as lane sharing or filtering, this practice is legal in California when done safely. Attorneys should be well-versed in these legal provisions to defend motorcyclists effectively.
The California Highway Patrol (CHP) offers guidelines for safe lane splitting, which are crucial for motorcyclists to follow and for attorneys to understand. Key recommendations include:
To prevent accidents, it’s essential to educate other drivers about their responsibilities when sharing the road with motorcyclists. Important rules include:
Citing the California Vehicle Code during a trial can significantly strengthen a case. Relevant sections include:
Judicial notice is a valuable tool in these cases. According to California Evidence Code Section 451, courts must take judicial notice of public statutory laws. When a judge cites relevant Vehicle Code sections, it can add significant weight to the arguments presented and reinforce the evidence before the jury. Attorneys should not hesitate to use this strategy to emphasize the legality and rights of motorcyclists.
Motorcyclists often face claims of comparative fault, particularly regarding their speed and maneuverability. It’s essential to counter these arguments by demonstrating the motorcyclist’s adherence to safety protocols and highlighting the defendant’s failure to follow traffic laws. By presenting clear evidence and expert testimony, attorneys can effectively challenge these unfounded claims.
Motorcycle collision cases require a thorough understanding of both the law and the biases that motorcyclists may face. By educating jurors, leveraging the California Vehicle Code, and using judicial notice effectively, attorneys can advocate for the rights of motorcyclists and help secure fair outcomes for their clients.
For more information or legal assistance, visit The Arnold Law Firm or call (916) 777-7777. Our team is dedicated to fighting for the rights of motorcyclists and ensuring they receive the justice they deserve.
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