Oakland Motorcycle Accident Lawyers
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Oakland Motorcycle Accident Lawyers Protecting The Rights Of The Injured
Oakland, California, is the county seat of Alameda County and the largest city in the county, as well as the East Bay area of the greater San Francisco Bay Area. The United States Census reported that Oakland had a population of 433,823 as of July 1, 2021. With a large population, it is not uncommon for various accidents to happen. Understanding your rights and options is crucial if you’re ever involved in such events. Our Oakland motorcycle accident lawyers offer guidance to help you navigate your legal options.
As of 2011, the Port of Oakland was the fifth busiest container port in the United States, after Long Beach, Los Angeles, Newark, and Savannah. Oakland saw a population growth of more than 124 % following the 1906 San Francisco Earthquake, as the population went from fewer than 67,000 in 1900 to more than 150,000 in 1910.
The Oakland area is home to several attractive motorcycle roads for enthusiasts, including Reliez Valley Road and Bear Creek Road, Mount Diablo Summit Run, Electric Loop, Panoramic Highway, and California State Route 1 on the San Mateo Coast. The East Bay Park District’s 73 parks spanning 125,000 acres, 1,250 miles of trails, and 55 miles of shoreline make it the biggest regional park district in the country.
Motorcycles can be very popular in the East Bay area because the warmer weather is ideal for riding, and people deal with less fog than in San Francisco. Unfortunately, motorcyclists are often involved in all kinds of motorcycle accidents that threaten their well-being.
The good news is that the California Office of Traffic Safety (OTS) says motorcyclist fatalities decreased by 9.4%, and motorcyclist deaths from not wearing a helmet decreased by 18%. Berkeley Safe Transportation Research and Education Center (SafeTREC) reported that motorcycles comprised 14.4% of all traffic deaths in the United States, despite the National Safety Council (NSC) stating that motorcycles only make up 3% of the registered vehicles on American roads.
If you or a loved one has suffered severe injuries or death in a motorcycle accident in the Oakland area, contacting a motorcycle accident attorney can help determine if you are eligible to pursue compensation.
December 2016: $22M+ verdict in a mild traumatic brain injury case. The entire details of the case can be found in the public record filings by the defendant entity that sued its defense– BRIAN BEECHER
California Motorcycle Accident Statistics
The 539 motorcycle fatalities in 2020 were up from the 491 and 523 in 2019 and 2018, but they were down from the 578 and 576 in 2017 and 2016, respectively. Nationally, the 5,579 fatalities in 2020 were the most of the five-year period, with 5,038 in 2018 marking the lowest figure.
Berkeley SafeTREC also reported that Alameda County had 18 motorcycle fatalities and 84 serious injuries in 2020. Unsafe speed accounted for 30.9% of crashes, while improper turning was 22.2%, automobile right-of-way violations were 16.1%, people driving or riding under the influence of drugs or alcohol were 8.9%, and traffic signs or signals were 4.4%.
Common Causes Of Motorcycle Accidents
Motorcycle accidents can stem from various causes, and it is not easy for the victims involved to prove that another party was at fault for their crash. In general, some of the most common causes of motorcycle accidents in California include, but are not limited to:
- Distracted Driving
- Driver Fatigue or Drowsy Driving
- Speeding
- Reckless Driving
- Aggressive Driving
- Lane Splitting
- Defective Motorcycle Parts
- Dangerous Road Conditions
- Inclement Weather
- Inexperienced Drivers
- Blind Spots
- Negligent Drivers
- Sudden Stops
- Improper Turns
- Driving Under the Influence (DUI)
Motorcycles In Oakland
The Insurance Institute for Highway Safety (IIHS) reported that California had 953,977 registered motorcycles in 2021, the most of any state in the country, with Florida being second at 645,012. California Vehicle Code § 27803 establishes that both the driver and any passenger must wear a safety helmet meeting the requirements established pursuant to California Vehicle Code § 27802 when riding a motorcycle.
According to Berkeley SafeTREC, broadside crashes (25.1%) and overturned crashes (21.0%) were the most frequent crash types for fatal and serious injury motorcycle crashes. Over two-thirds (67.2%) of motorcycle crash fatalities happened in urban areas, compared to 32.3% on rural roads.
More than one-third (39.0%) of all motorcycle crash fatalities occurred on non-interstate principal arterials, with the next most common locations for motorcycle crash fatalities being non-interstate minor arterials (26.7%) and non-interstate collectors (16.9%). Most fatal (93.7%) and serious injury (90.5%) motorcycle crash victims were men, with people ages 25 to 34 comprising 26.0% of motorcycle fatalities and 28.6% of motorcycle serious injury victims.
Dangerous Roadways In Oakland
In October 2022, KTVU-TV reported that a new study from MoneyGeek.com showed that two stretches of Bay Area freeways were among the five deadliest roads in California. A portion of Interstate 80 (I-80) between exits 14A and 8A in Oakland and Berkeley was the second-most dangerous roadway in California, with 15 catastrophic accidents causing 17 fatalities.
Another portion of I-80 from exit 15 to exit 21 near Richmond and Emeryville saw 18 fatalities. Interstate 880 (I-880) between Oakland and San Leandro was considered the 33rd most deadly in California.
Other dangerous roads in the Oakland area include:
- Interstate 5 (I-5).
- United States Route 101 (US 101).
- California State Route 99 (CA 99 or SR 99).
- The intersection of 42nd Street and Telegraph Avenue in Oakland.
- The intersection of Russell Boulevard and College Avenue in Berkeley.
- Tunitas Creek Road in San Mateo County.
Grizzly Creek Boulevard in Alameda County.
Reasons Why Motorcycle Accidents Are Dangerous
The bottom line will remain that people riding motorcycles are at far greater risk of serious injuries in any kind of accident because motorcyclists generally do not have any of the protection afforded to occupants of motor vehicles. Motorcyclists are much more likely to be thrown from their bikes in collisions, which often increases the likelihood that injuries may be catastrophic.
There are a number of common risk factors associated with riding motorcycles that people should be aware of. Some of the most common kinds of factors people associate with motorcycle accidents include, but are not limited to:
Age
While there is often an assumption that younger motorcyclists are at greater risk of crashes, World Journal of Emergency Surgery (WJES) research shows drivers older than 40 years of age were 25% more likely to die after motorcycle injuries. Crash injury rates between older and younger road users showed a higher severity of injuries and a mortality rate for older riders. The National Library of Medicine also reported that people sustaining trauma in motorcycle accidents who were over 65 years of age needed longer and more intensive treatment than their younger counterparts.
Time of Day
Berkeley SafeTREC reported that the number of fatally and seriously injured motorcyclists in 2020 was notably higher between 3 p.m. and 6 p.m., making up 21.9% of fatal and 25.5% of serious motorcyclist injuries. Higher percentages of fatal injuries (37.1%) and serious injuries (40.3%) occurred between noon and 3 p.m. and between 6 p.m. and 9 p.m., respectively.
Attire
The Centers for Disease Control and Prevention (CDC) reported that helmets saved an estimated 1,872 lives in 2017, and 749 more lives would have been saved if all motorcyclists had worn helmets that same year. Motorcycle helmets are 37% effective (for riders) and 41% effective (for passengers) in preventing deaths, with helmets reducing the risk of head injury by 69%.
Alcohol Consumption
Data from the Berkeley SafeTREC showed that alcohol-impaired drivers were involved in more accidents of all kinds in California, but there was a 4.4% increase in 2020 for motorcycle accidents. The National Library of Medicine found that motorcyclists who drank and drove were at higher risk of death and disability than other types of drivers. In fact, a study of 67,183 patients who underwent blood alcohol concentration (BAC) testing showed 68.52% tested negative, 21.14% tested positive above the legal limit, and 10.34% tested with a BAC of more than 0.08.
Licensure
California offers two kinds of motorcycle licenses: Class M1 permits the operation of any two-wheeled motorcycle and all vehicles listed in Class M2, while Class M2 authorizes the operation of a motorized bicycle, moped, or bicycle with an attached motor. Minors who are 15½ years of age or older but younger than 17½ years of age must submit a Certificate of Completion of Motorcycle Training (Form DL 389), bring proof of completion of both driver education and driver training, or have a Class C driver’s license, and pass both the driver knowledge and the motorcycle driver knowledge test. Applicants who are 18 years of age or older but under 21 years of age must submit a DL 389 and pass both the driver knowledge and the motorcycle driver knowledge tests. Motorcycle license applicants 21 years of age or older are encouraged, but not required, to enroll in the California Motorcyclist Safety Program (CMSP) training course.
Lane Splitting
Lane splitting involves riding a motorcycle between lanes or rows of slow-moving or stopped traffic going in the same direction. The American Motorcyclist Association (AMA) endorses lane splitting and notes that allowing lane splitting is not the same as requiring it.
People will want to be sure they are working with an experienced motorcycle accident lawyer in Oakland who can examine all of the risk factors involved in their crash when determining liability.
Types of Injuries In Motorcycle Accidents
Motorcycle accidents can result in a wide range of injuries, and it is not uncommon for individuals involved in such accidents to suffer from multiple types of injuries simultaneously. Some of the most prevalent kinds of motorcycle crash injuries include:
- Broken Bones or Fractures
- Severe Burn Injuries
- Head Injuries
- Skull Fractures
- Closed Head Injuries
- Concussions
- Traumatic Brain Injuries (TBIs)
- Spinal Cord Injuries
- Paralysis
- Neck Injuries
- Leg Injuries
- Arm Injuries
- Back Injuries
- Chest Injuries
- Post-Traumatic Stress Disorder (PTSD)
- Internal Organ Injuries
- Permanent Nerve Injuries
- Amputations
- Wrongful Death
When a motorcycle accident results in a fatality, the family of the deceased may be eligible to file a wrongful death claim. Motorcycle accidents can lead to various injuries and losses, and it is important for those affected to seek legal counsel to explore their options for pursuing compensation.
Common Factors In Motorcycle Accidents
Several different factors can affect motorcycles and cause potential collisions. Among the most common kinds of factors that lead to motorcycle accidents are:
- Other Motor Vehicles — The most common cause of many motorcycle crashes is the action of another driver, as it is often some kind of driver negligence that causes a motorcycle wreck. Driver negligence takes many forms, such as speeding, driving recklessly, failing to signal, or simply being inattentive.
- Inanimate Objects — Many motorcycle accidents involve collisions with stationary objects on roads that motorcycles cannot avoid because of the actions of other drivers.
- Speeding — Speeding is a very common traffic violation that many drivers in California commit on a daily basis, but people need to be aware that driving in excess of the posted speed limit means that drivers cannot come to full stops when necessary and are at greater risk of causing collisions.
- Left Turns — The left turn ends up being a far more common cause of motorcycle accidents than right turns. In 2021, the National Highway Traffic Safety Administration (NHTSA) reported that 43% of fatal motorcycle accidents occur when a car is turning left while the motorcycle is passing directly through an intersection or passing another vehicle.
Common Kinds Of Motorcycle Accidents
- Left-Turn Accidents — A study titled “Motorcycle Accident Cause Factors” that the National Technical Information Service (NTIS) commissioned emphasized that left-turn collisions occur in 42% of motorcycle accidents. Motor vehicles turning left often fail to see motorcyclists, so collisions are often the result of people failing to check their surroundings adequately.
- DUI — The Annual Report of the California DUI Management Information System from the California Department of Motor Vehicles (DMV) states that there were 124,141 DUI arrests in California in 2019, which was far less than the 208,531 a decade prior. The fact remains that DUI was a factor in 1,187 alcohol-related crash fatalities and 27,333 alcohol-related crash injuries, as well as 798 drug-related crash fatalities and 2,998 drug-related crash injuries.
- Head-On Collision — Motorcycles colliding head-on with other vehicles are rare, but such collisions happen when other drivers are driving the wrong way or in certain other circumstances. Head-on collisions often have a higher likelihood of resulting in fatalities.
- Lane Splitting — Although lane splitting is legal in California, there are situations in which lane splitting can be dangerous. Motorcyclists need to be aware of when other motor vehicles may be changing lanes because lane splitting can often result in collisions when motorcyclists collide with other cars.
- Hitting Stationary Objects — There can be a wide variety of situations in which motorcyclists strike objects on roads, and they can be powerless to avoid collisions because of the actions of other drivers. People will want to be certain they have legal representation in these types of cases.
Establishing Fault For An Oakland Motorcycle Accident
Many motorcycle accident claims are going to involve people arguing that another party acted negligently while driving and that the negligence was the cause of the motorcycle accident. Negligence is customarily proven in California by demonstrating four elements:
- Legal Duty — A person has a legal duty to act in a reasonable manner while driving and follow all state traffic laws.
- Breach of Duty — A person breaches their duty of care when they do something an average person will not do under the circumstances.
- Cause — The breach of duty caused a person’s injuries.
- Harm — The injuries have resulted in actual harm, warranting damages.
Many kinds of evidence can come into play when people are seeking compensation for their injuries, including medical records, bills, police reports, and witness statements. Damages can include medical expenses, lost wages, and pain and suffering, among many other types of damages.
It is important to understand that California operates under a comparative negligence system. This means that individuals may still be eligible to seek damages in an accident, even if they were primarily at fault. However, the amount of compensation awarded may be reduced based on the degree of their negligence. For example, if someone receives a $100,000 award for a motorcycle accident but is later found to be 55% at fault, their award will be reduced by $55,000, and they will only receive $45,000.
Motorcycle Laws In California
California has a large number of motorcyclists on its roads, and state law imposes a number of regulations on people riding motorcycles. Common state laws include:
Registration And Insurance
Registering a motorcycle in California requires a California Certificate of Title, or the name and address of a lienholder, proof of insurance, a valid California motorcycle license, and payment of applicable fees. People are required to register their motorcycles with the DMV.
Licensing
Motorcycle applicants under 21 years of age must complete a CMSP training course before receiving a motorcycle instruction permit. That being said, motorcycle applicants 21 years of age and older are encouraged, but not required, to enroll in the CMSP training course.
Negligence
California Civil Code § 1714 is the state law establishing that all people are responsible, not only for the result of their willful acts but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person.
Fault And Liability Laws
California, being a comparative fault state, is very different from how many other states handle motorcycle accident claims. This is because Alabama, Maryland, North Carolina, Virginia, and the District of Columbia are the only states that use contributory negligence, which prohibits people from filing claims when they were even partially at fault for their accidents.
Statute Of Limitations
All kinds of monitored vehicle crashes in California are going to involve a statute of limitations (or time limit) of two years from the date of the accident. There are certain exceptions in some cases. For example, victims who are minors will have two years to file from the date they turn 18 years of age. In some cases, the deadline for filing a claim against the government in California is only six months.
Helmet Laws
California state law requires all motorcyclists to wear helmets compliant with United States Department of Transportation (DOT) standards. Failure to wear an approved helmet can result in a fine of up to $250 and one year of probation.
Lane Splitting
The California Highway Patrol notes that lane splitting by motorcyclists is legal in California, but intentionally blocking or impeding a motorcyclist in a way that can cause harm to them, or opening a vehicle door to impede a motorcyclist, is illegal.
Steps To Take After A Motorcycle Crash
- Following a motorcycle accident in Oakland, you need to first check yourself for any injuries.
- Call 911 as soon as possible to report their crashes and have police officers dispatched to the scene of the accident.
- Exchange information with other drivers involved in collisions and get the names, addresses, phone numbers, and insurance information of other parties.
- Document the scenes of the crash by taking as many photographs or videos of the scene as possible. Try to get pictures from various angles and distances. Also, look for any witnesses who saw the accident and ask them for their contact information as well.
- Consult motorcycle accident lawyers to assess whether you have grounds to file a claim. They can also help you negotiate with insurance companies and represent your interests in court if a fair settlement can’t be reached.
Liability In Motorcycle Accidents
Liability can be a complex issue in some motorcycle accident cases because, even though police officers may determine one party was at fault for the crash, an independent investigation can reveal additional factors that complicate liability. Ultimately, the party determined to be liable for an accident may be held responsible for paying all damages.
One complicating factor in determining liability in these cases can be vehicle ownership, as people who were driving vehicles for work purposes may mean that the employers themselves will become liable for crashes. As an injury victim, you need to understand all the different parties that can be held liable for your damages.
Liability is not always clear-cut in California, meaning it is possible that multiple parties can share the blame. A motorcycle accident award will be divided into certain percentages, and an individual may be able to seek damages based on their percentage of fault.
The primary reason you may need to hire an experienced Oakland motorcycle accident lawyer to assist you in your injury case is that we can conduct an independent investigation to help determine fault and identify potentially liable parties. We work to build a well-supported case and negotiate a fair settlement based on your estimated losses.
Insurance companies may challenge the extent of their responsibility, which is why it may be wise to seek assistance from a motorcycle accident attorney in Oakland, CA. A lawyer can negotiate on your behalf and advocate for appropriate compensation.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
Possible Compensation For An Oakland Motorcycle Accident
When discussing the kinds of compensation people may be allowed to pursue in motorcycle accidents, awards usually come in the form of compensatory damages. This refers to the financial awards that may be categorized into economic and non-economic components.
Economic damages compensate for the tangible losses the plaintiff suffered. These can be calculated and supported by evidence, such as:
- Medical Bills
- Lost Wages
- Property Damage
- Long-Term Medical Costs
Non-economic damages are much more subjective and typically do not have inherent financial values. The typical examples include:
- Pain and Suffering
- Emotional Distress
- Disfigurement
- Disability
Damages may be determined by a judge or jury, who must allocate awards based on the specific categories of losses presented during trial. On the other hand, settlements are typically influenced by what a jury or judge may award if the case is taken to court. A motorcycle accident lawyer in Oakland can help you estimate a settlement value and negotiate with insurance companies on your behalf. If we can’t reach a settlement, we are ready to present your case in a court of law.
How A Lawyer Can Help After A Motorcycle Accident
When people hire motorcycle accident attorneys in Oakland, CA, they hire individuals who have experience handling these types of claims and know how to navigate the many legal complexities that are involved. An injury lawyer will explain to you what your rights are and what action can be taken in your case.
An attorney can play a crucial role in negotiating a settlement and assisting motorcycle accident victims in receiving necessary medical care. For those struggling to pay medical bills, a lawyer can negotiate a medical lien, allowing the victim to continue receiving treatment with the understanding that the bills will be paid from a future settlement or jury award.
Will Failure To Wear A Helmet Impact My Case?
All motorcyclists in California are expected to wear helmets, but a person injured in a motorcycle accident who was not wearing a helmet can expect an insurance company to argue that the person’s injuries were more the result of their failure to wear a helmet than anything else. If you are involved in a motorcycle accident, hiring an experienced lawyer from Arash Law may help you explore legal options. Our team of attorneys has experience handling cases where the rider was not wearing a helmet.
What People Should Do When An Insurance Company Offers A Settlement
Many insurance companies quickly approach motorcycle accident victims with settlement offers. While these offers may seem enticing, they may also fail to account for the potential value of the claim. It may be beneficial to consult an attorney before agreeing to a settlement. Our Oakland motorcycle accident lawyers can help you assess whether an offer is fair. We can also handle settlement negotiations while you focus on healing.
Costs Of Filing Claims
Many people involved in motorcycle accidents are reluctant to seek legal representation for fear of the costs of hiring a motorcycle accident lawyer in Oakland, CA. Some attorneys offer legal services on an hourly rate. This is not the case for us because Arash Law handles cases on a contingency fee basis.
Under this fee structure, you do not have to pay attorneys’ fees before receiving legal guidance and support. We will only charge you an agreed-upon percentage of your jury award or settlement if we recover compensation for you. While attorneys’ fees may be waived, other case-related costs may be charged separately regardless of the outcome of your case. Our lawyers will discuss these and any questions you may have during your initial consultation.
Reach Out To Arash Law To Schedule A Free Initial Consultation
Did you suffer severe injuries, or was your loved one recently killed in a motorcycle accident in the greater Oakland area of California?
Our website allows you to request a consultation through an online form. Our lines are open 24 hours a day, seven days a week. In addition, we can schedule your meeting at the time and place that will be most convenient for you and your family.
Our Oakland motorcycle accident lawyers also serve many surrounding areas of Oakland, including Piedmont, Alameda, Albany, Berkeley, Moraga, Orinda, San Francisco, San Leandro, Lafayette, Richmond, Ashland, Tiburon, San Lorenzo, San Pablo, and El Sobrante.
