Arguable Legal Points in a Motorcycle Accident
Many people associate Oakland with some of the most storied ball clubs in the US. The Oakland Raiders in football and the Golden State Warriors in basketball are just two of the most popular franchises that the city has to offer. While sports are a major crowd draw in Oakland, there are also other notable features in the city.
As Oakland’s economy is partly dependent on the marine cargo sector, traffic to the bay area always remains heavy. Major roads can sometimes go get gridlocked during rush hours and the holiday season. Motorcycle riders are especially vulnerable because accidental collisions have a greater chance of seriously injuring them.
If you’re a motorcycle driver who’s recently gotten into an accident, it’s time to consider hiring a lawyer. If you are being falsely accused of causing the incident, a good attorney can help prove your innocence. An Oakland lawyer use the following arguments to help your position.
Right of way
This is a common issue for most motorcycle accidents in the US as other motorists fail to recognize the right of the passing motorcycle. An Oakland motorcycle accident attorney can argue that it was the other driver that was on the wrong side of the road. Arguing right of way is fairly easy especially if witnesses can also corroborate the police report.
Negligence
Sometimes the other driver failed to see you while they’re driving because they were probably distracted with something else. This is another possible argument an Oakland motorcycle accident lawyer can use. If your legal counsel can prove that the other party was using his or her mobile phone while driving, you’ve practically won the case. Driver negligence is one of the major causes of motor vehicle accidents in the US. Texting, eating or talking on the phone are the common culprits.
DUI
An Oakland motorcycle accident attorney can also argue that the other party was driving under the influence of drugs or alcohol. Breathalyzer test results from the local traffic enforcers who handled the incident are crucial pieces of evidence. Finding empty beer cans or liquor bottles in the other driver’s vehicle are also key item that can prove your innocence.