Few tragedies remain more disconcerting than irresponsible drivers fleeing the scene of a motorcycle accident. Courts and police call this a hit and run. It is a crime and the basis of a civil lawsuit. In any event, all riding incidents are potentially devastating, but hit and run strikes are dastardly.
Anytime a driver leaves the scene of a fallen rider, the wounded person is much more likely to be run over by another vehicle and left utterly defenseless. Despite having a duty to stop and exchange info, Good Samaritan laws or not, basic civics and humanity dictate that at fault drivers stay at the accident scene. Plus, they must provide basic security and comfort to the fallen victim.
In California, leaving the scene could easily subject the wrongdoer to jail time. Even if the injuries and damage to the property are not significant, huge penalty assessments and fines follow.
Michael Ehline of Ehline Law Firm is the motorcycle rider’s friend. As a rider himself, he wants to provide helpless feeling victims with a sense of confidence. Their life is not over. And despite the anonymous nature of the assault, there is legal hope at an economic recovery. This helps deal with the terrible aftermath of a bad spill on a motorbike.
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Sadly, in most cases, the violent and sudden manner in which these strikes occur, makes it nearly impossible for the victims to provide an accurate description of the hit and run driver. So for most victims, unless some severe and rapid investigations are undertaken, there will be no wrongdoer to sue.
Of course, if you are clear-headed and capable, you must try and remember the license plate info, write down names of people who saw the event, as well as their contact info, and call 9-1-1 to seek to capture the fleeing suspect.
But, as in most cases, if you can’t assemble these details right then and there, your motorcycle attorney should be able to assist you. Because of this, you can rapidly hire an accident reconstructionist, investigator, and forensic expert.
So now they can assist in obtaining surveillance tapes, and names or percipient witnesses. Also, they can canvass those who live or work in the locale, and so on. Most of all, this can mean the difference in assisting law enforcement in capturing the evil-doer rapidly and having him or her “pay up.”
That being said, there are often other parties who are responsible who can be held to answer for the costs. For example, a FedEx truck driver who fled the scene, or pizza delivery guy’s boss can be legally liable. So they are liable under the doctrine of respondent superior.
Of course, in cases like bike wrecks, there is usually peeled back skin. Also, the attendant bad rashes from friction and asphalt burns remain excruciatingly painful. The upside is that a major damages component in PI law is pain and suffering.
These remain unusual “punitive damages.” So in extraordinary cases, the assailant may pay out a mother lode to the victim.
If you are seeking an outspoken and warmhearted advocate, contact Ehline Law Firm. Call (213) 596-9642. Or scroll up to our easy to use contact form.