California Motorcycle Injury Attorneys
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Our California Motorcycle Injury Attorneys Offer Clear Guidance After A Crash
A motorcycle accident can be a life-changing event. These accidents often produce serious injuries that can leave a victim permanently disabled or dead. If a loved one dies from a motorcycle crash, surviving family members may be eligible to file a wrongful death claim against the negligent driver who caused the accident.
The accident claims process can be confusing for anyone, especially if you have never had to file an injury claim before. You may also encounter disputes on your claim and other challenges down the line.
Our experienced California motorcycle injury attorneys can guide you through the aftermath of a collision. Call us at (888) 488-1391 to schedule a free initial consultation.
The Hard Facts About Motorcycle Accidents
The Insurance Information Institute has shared information about the severity of motorcycle accidents in the United States. Nearly five thousand victims died in motorcycle accidents in 2018. While this was down five percent from 2017, motorcyclists were still 27 times more likely to die in an auto accident than occupants of passenger vehicles per mile traveled.
$6,000,000.00
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.– Arash Khorsandi
Common Motorcycle Accident Injuries
There are many different injuries a person can sustain in a motorcycle accident. Because you are not in an enclosed vehicle, any part of your body could strike the other car (or the pavement, or a tree, or anything else nearby) and become seriously injured. Motorcycle accidents can cause serious injuries.
Common California motorcycle accident injuries include:
- Traumatic brain and head injuries (TBI).
- Scalp and facial injuries.
- Neck and back injuries.
- Spine and spinal cord injuries (SCI).
- Internal injuries such as injuries to the spleen, liver, or severe bleeding.
- Road rash, bruises, scratches, and lacerations.
- Burn injuries
- Bone fractures
- Soft tissue injuries, such as sprains or strains.
- Amputations/loss of use of limb injuries.
Available Compensation In A Motorcycle Accident
Severe bodily injuries aren’t the only issue that an injured motorcyclist will have to deal with after a motorcycle accident. More specifically, the above physical injuries can lead to physical pain and emotional anguish, and suffering. They might also cause disabilities and impairments that prevent the motorcyclist from returning to their everyday life, such as working and supporting themselves, or even keeping normal relationships.
The economic and non-economic losses of such an experience can be extensive. Arash Law’s skilled California motorcycle injury attorney works to help you pursue fair compensation based on your injuries and losses.
Your damages will vary depending on the details of your accident and injuries, such as:
- Emergency transport or ambulance services.
- Emergency department expenses.
- Doctor, surgeon, and anesthesiologist bills.
- Medical imaging, such as X-rays or MRIs, and testing.
- Prescriptions and over-the-counter medications.
- Long- and short-term hospital stays.
- Assistive medical devices, including crutches, wheelchairs, walkers, and shower chairs.
- Physical therapy (PT)
- Rehabilitation therapies.
- Lost wages and income.
- Lost employment benefits, such as earning PTO or retirement.
- Pain and suffering.
- Loss of consortium.
- Emotional trauma
If your injuries will require future treatment or if you need continued care, our California motorcycle injury attorneys can add the following damages to your claim:
- Decreased quality of life, due to the inability to participate in the activities or hobbies you used to enjoy before the motorcycle accident.
- The estimated cost for future personal care, whether in your home or a residential facility.
- Estimated cost for future medical treatment.
- Estimated cost for physical therapy or rehabilitation services.
In addition, anyone who sustains a permanent disability may be able to pursue compensation for adaptive modifications needed for their home. For example, someone who is paralyzed from the waist down after a motorcycle accident might need a ramp, railings, and adjusted counter heights. Some injured motorcyclists can’t resume their regular job duties, or they have to accept a lesser job role due to their accident injuries. They might be able to include these damages as part of their claim:
- The projected value of their future lost wages or income.
- The projected value of their future lost benefits.
- Their decreased earning capacity.
We can provide you with an accurate estimate of what your claim value might be. Contact our motorcycle injury firm to book a free case evaluation. Our California motorcycle accident lawyers will send a demand letter, which also contains a fair estimate of your damages.
Common Causes of Motorcycle Accidents In California
While taking necessary safety precautions, motorcycle accidents may still occur. Some of the common causes of motorcycle accidents in California include:
Distracted Drivers
Motorcycles aren’t as visible compared to cars and trucks, making them more challenging for many passenger vehicle drivers to see, especially for drivers who aren’t paying close attention to their surroundings. Thousands of motorcycle accidents happen each year in California because drivers often fail to see motorcycles when turning.
Road Hazards
Motorcycles are also more vulnerable to the road hazards they encounter. While a car or truck may not perform any differently while driving over a small patch of gravel or hitting a pothole, it can mean the difference between life and death for a motorcyclist. Municipalities, such as state and local governments, may be held liable for not keeping roadways in good condition and free from dangerous conditions such as potholes and loose asphalt or gravel.
Lack of Communication
Riders often travel together in groups and must practice excellent communication to stop riders from colliding or moving into other riders’ travel lanes.
NHTSA Motorcycle Crash Statistics:
- Of the 4,985 motorcyclists who died in traffic accidents in 2018, 94 percent (4,675) were drivers, and only six percent (310) were passengers.
- In 2018, there were 82,000 motorcyclists injured in accidents.
- Motorcyclists account for 14 percent of all traffic-related fatalities but represent only three percent of the entire registered motor vehicle fleet.
- Per vehicle mile traveled, motorcyclist fatalities occurred 28 times more frequently than passenger car occupant fatalities in traffic crashes.
- In 2018, motorcyclists involved in fatal crashes had higher percentages of alcohol impairment than drivers of any other motor vehicle type, which is 25 percent for motorcycles, 21 percent for passenger cars, 19 percent for light trucks, and three percent for large trucks.
- Motorcyclists killed in traffic accidents at night are nearly three times more likely to be alcohol-impaired than those killed in traffic accidents during the daytime.
- NHTSA estimates that helmets saved 1,872 motorcyclists’ lives in 2017 and that 749 more could have been saved if all motorcyclists had worn helmets.
- In States without universal helmet laws, 57 percent of motorcyclists killed in 2018 weren’t wearing helmets, as compared to nine percent in states that have one.
- Motorcyclists represented 14 percent of all traffic deaths and 17 percent of all occupant (driver and passenger) deaths.
- The most harmful event for 2,880 (56 percent) of the 5,115 motorcycles involved in fatal crashes was crashes with motor vehicles in transport.
Largest motorcycle settlement in Tulare County in 2021; client suffered spinal and wrist injuries.– Judd Ross Allen
California’s Motorcycle Helmet Laws
Over 400 individuals are killed on motorcycles in California every year. Motorcyclists lack the protection of other vehicles on the road, such as seatbelts, airbags, crumple zones, and steel frames. Even with protective gear, motorcycle riders and their passengers are at greater risk of suffering severe injuries, some of them fatal. However, wearing a helmet and other protective gear is safer than not wearing them at all.
All motorcycle riders in California are required by law to wear a helmet at all times. Helmets can make a significant difference in the outcome of a crash:
- The U.S. could save more than $1 billion in costs annually if all motorcyclists wore helmets.
- Helmets reduce the risk of death by 37 percent.
- Using helmets reduces the risk of head injury by 69 percent.
- Helmets saved an estimated 1,859 lives in 2016 alone.
- Eight hundred two more could have been saved if every motorcyclist had worn helmets in 2016.
Are California Motorcycle Accident Lawyers Affordable?
Our California motorcycle accident lawyers work on a contingency fee basis. This means you don’t pay lawyer fees up front or out of pocket. If we resolve your claim, we receive payment for our services through your settlement or court award. If you don’t receive compensation, you don’t owe us attorneys’ fees. During your initial consultation, our lawyers will discuss our payment arrangement and other case-related costs that will be charged separately, regardless of the outcome. We will also answer any questions you may have regarding our fees before signing an agreement.
What To Do After A California Motorcycle Crash
Consider taking the following steps to help protect your eligibility to seek a potential legal claim, following a motorcycle crash:
- Report the accident to the local law enforcement agency.
- Get medical care as soon as possible.
- Exchange information with the other driver(s) involved.
- If you are physically able, collect critical evidence at the scene, including the names and contact information of eyewitnesses, as well as pictures of property damage and road and weather conditions.
- Report the accident to your insurance company. This can typically be done by phone, on their website, or sometimes through their app.
- Never admit fault for the accident to an insurance adjuster or any other insurance representative.
- Avoid providing a recorded statement without your California motorcycle accident lawyer’s consent and presence.
- Consult with an attorney. Our California motorcycle accident lawyers can handle the negotiations with the insurance companies and work towards a fair outcome on your behalf.
How Do California Lawyers Prove Negligence In A Motorcycle Accident?
Negligence refers to the failure to exercise the level of care that a reasonable person would demonstrate under similar circumstances. California has four key elements of negligence that must be established in a personal injury claim, which are:
- Duty of Care — A legal obligation for all drivers to exercise reasonable care toward bikers on the road.
- Breach of Duty — The driver must have breached or violated their duty to exercise reasonable care. For example, if a driver disobeys a traffic law and collides with another road user, the court may conclude that the at-fault driver violated their duty of care through a legal principle known as negligence per se.
- Causation — The injured victim must demonstrate that the driver’s actions directly caused their injuries and damages. The plaintiff needs to establish that, if not for the driver’s reckless behavior, their injuries and damages would not have happened.
- Damages — Injured bikers must prove that the accident caused them to suffer harm, such as bodily injury, economic losses, or damage to their motorcycle and other property.
How To Value And Prove A Motorcycle Injury Claim
Your motorcycle claim must be supported with documentation and evidence. Our California motorcycle accident lawyers can help obtain evidence and research your accident to determine who is to blame and establish their liability for your injuries. The evidence necessary to prove your claim may include:
- Accident reports from law enforcement agencies.
- Pictures and videos from the accident scene, either of the vehicles involved, and/or the crash itself, and the surroundings.
- Eyewitness statements
- Medical records
- Wage and income statements.
- Receipts for out-of-pocket expenses like prescriptions or medical equipment.
- Accident scene reconstruction reports.
Expert Testimony
To accurately calculate the value of any required future medical treatment, long-term care, diminished earning capacity, or disabilities, we also work with medical professionals who can assist with your treatment and support your claim.
- Medical professionals who can provide testimony about the nature and extent of treatment you will require in the future.
- Economic professionals who can estimate the lost value of future opportunities, income, and benefits.
- Vocational rehabilitation specialists who can offer insights about your decreased earning capacity and any special accommodations you might need to perform your job.
- Life care planners who can present information on the type and extent of future care you will need if you aren’t able to care for yourself.
Here are some of the available damages in a personal injury claim:
Medical Bills And Future Rehabilitation Expenses
The law allows injury victims to pursue compensation for their medical expenses. These expenses usually include rehabilitative services, such as physical therapy, chiropractic care, or pain management. You may also be eligible to pursue compensation for the medical bills you will incur in the future due to the accident.
Victims must file most injury claims within two years or less, so if you have permanent injuries, you may not be able to complete your medical treatment before the applicable time limit expires. Our injury lawyers can hire expert witnesses to make projections about the cost of your future medical care and include them as part of your claim.
Lost Wages And Future Decreases To Your Earning Capacity
Most motorcycle accident victims can miss some time from work due to their injuries. Some injury victims are permanently disabled and unable to return to employment.
California law allows injury victims to seek compensation for future losses, including the value of lost employment benefits, such as health insurance or retirement contributions that your employer paid for. If you miss a few days or weeks from work, your employer can provide a simple statement showing how many work hours you missed and what your hourly rate of pay is. You can prorate your salary to a forty-hour workweek to determine your hourly rate of pay.
If you have been permanently disabled, your attorney will need to find an expert witness to testify about the difference in your earning capacity before and after the accident. For example, you might only be able to return to part-time work due to your injuries. An expert witness can calculate the reduction in your wages, prorate it from the time of the accident to the time of your expected retirement, and factor in the value of inflation as well as your lost employment benefits.
Pain And Suffering (Past, Present, And Future)
The largest component of most personal injury awards is pain and suffering, which can be quite subjective. As a result, insurance companies may scrutinize these claims carefully, often questioning the extent of compensation that is pursued. Non-economic damages refer to all of your intangible losses.
It covers the physical pain of your injuries and the emotional suffering you endure due to the accident. Your emotional suffering might include post-traumatic stress you endure in reliving the accident, and your difficulty in getting back on the road again. Perhaps you miss major life events, such as a graduation or wedding, due to your injuries.
You might even be permanently unable to pick up your children, or engage in hobbies, or do those other things that contribute to our enjoyment of life. These are all very real losses, and you may be able to include them as part of your claim.
Comparative Negligence
California civil courts use a legal framework known as pure comparative negligence in personal injury cases, including motorcycle wreck litigation. Using this framework, if there is evidence that the injured party was also at fault for causing the accident or their injuries, the amount of money they receive will be reduced by the percentage of their liability.
For example, a truck driver and a motorcyclist are involved in an accident where the motorcyclist incurs $250,000 in damages. If the truck driver’s lawyers successfully argue that the motorcyclist was 40 percent at fault for the incident, California law mandates that the motorcyclist’s compensation will be reduced by that percentage. As a result, the motorcyclist would receive $150,000 after the fault is taken into account. This example illustrates the importance of hiring an experienced motorcycle injury attorney to represent your case and help you seek fair compensation for your actual losses.
Wrongful Death Claims And Motorcycle Accidents
Not all motorcycle accident victims can survive their injuries. Thousands of American families are devastated every year by the untimely loss of a loved one in a motorcycle accident. When this happens, surviving family members and legal heirs may be able to file a wrongful death claim against the individual or company that is legally responsible for causing the fatal crash.
Holding negligent parties accountable can help deter unsafe conduct in the future and protect other innocent victims from being killed on California’s roads.
Litigating a wrongful death claim can be an incredibly challenging experience for family members. They may find themselves having to relive their grief during depositions or trial proceedings, revisiting traumatic memories and the pain of their loss repeatedly. A wrongful death case may also take months or even years to resolve.
An experienced injury lawyer can offer the guidance and support needed to navigate this challenging path, helping families understand what to expect.
Available Insurance Policies To Cover Injuries In A Motorcycle Accident
There are many different insurance policies that might be available to compensate victims for motorcycle accident injuries. The most common source of compensation is a negligent driver’s auto insurance policy. California, like other states, requires drivers to carry liability coverage on their auto insurance policies.
This coverage pays for bodily injuries caused by the driver’s negligence. However, the amount covered by this policy may not be sufficient to fully compensate individuals for their injuries. Therefore, it is crucial to hire a lawyer who can identify other insurance policies that may apply to your motorcycle accident.
If your accident occurred while you were on the job, you may be eligible for workers’ compensation benefits from your employer. Additionally, if the driver who caused the accident was acting within the scope of their employment, their employer could be vicariously liable for the driver’s negligence, which may involve their auto insurance or business liability insurance covering your injuries.
When more than one insurance company is involved, reimbursement can get complicated. After an accident at work, your employer’s workers’ compensation insurance usually pays your medical expenses right away.
If you later recover money from a personal injury claim against the at-fault driver, some of that settlement may also include payment for those same medical bills. In that case, the workers’ compensation insurer can seek reimbursement for what it already covered. Likewise, if your health insurance paid for any treatment, it may also have the right to be repaid once those costs are included in your settlement.
It’s worth noting that government programs like Medicaid and Medicare are particularly vigilant about recovering funds they have spent. A personal injury attorney can assist in navigating reimbursement claims so that each insurance company receives only what is appropriate, allowing you to retain most of the benefit. Given the complexities of reimbursement issues, it is important to work with an experienced motorcycle accident lawyer for proper management of your case.
Hit-And-Run Motorcycle Accidents
Hit-and-run accidents happen to motorcycle riders just as they do to drivers. When this happens, it is important to know what to do to protect your legal rights. Even if you cannot find the driver, there are still ways to be compensated for your injuries.
Many California drivers carry uninsured and underinsured motorists’ coverage on their own auto insurance policies. This is an optional coverage that can pay for injuries caused by a hit-and-run driver or a driver who does not have enough insurance coverage to pay the full value of your losses. Another possibility is identifying a company that is associated with the vehicle that hit you.
If you were struck by a delivery truck or rideshare vehicle, these companies could be held liable for allowing negligent drivers to work for them. Consult with a personal injury lawyer about all options that could be available for compensating injuries caused by a hit-and-run driver.
How An Injury Claim Works With Multiple Defendants
The person who is proven to be at fault for causing your injuries also has a legal obligation to compensate you for them. If more than one person is at fault, say, in a multiple-car pile-up, then more than one person can be legally liable for causing the accident. Liability can be split between two or more parties.
Each defendant could be held responsible for compensating the portion of your losses that they caused. Liability is split equally between the two drivers; each would have to pay half the total amount of your injury claim.
While negligent drivers are often the primary defendants in motorcycle accident cases, there can be additional parties responsible for your injuries. For instance, if you’re struck by a delivery driver while he’s on duty, his employer may be liable for his actions, making the delivery company a potential defendant in your personal injury case.
Or say your accident was caused by defective brakes on your motorcycle. In this case, the manufacturer may have to pay for your injuries.
Identifying all potential defendants is important, as it may affect the total compensation available through your claim. Our California motorcycle injury lawyers have years of experience assisting clients in identifying at-fault parties and helping prove their negligence.
Reach Out To Our Motorcycle Injury Attorneys In California
If you’re looking for “motorcycle accident lawyers near me,” consider consulting with our California motorcycle injury attorneys at Arash Law. Our attorneys have decades of experience representing clients across the state. We offer our legal services in San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and throughout California.
We can assist in protecting your rights and handling the claims process on your behalf. Let us handle the paperwork so you can focus on taking care of yourself during this challenging time. Call (888) 488-1391 or contact us online for a free case review.
