Orange County Motorcycle Accident Lawyers
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Our Orange County Motorcycle Accident Lawyers Provide Clear Legal Guidance For The Injured
Motorcycles have become an increasingly popular alternative to cars due to their accessibility, relatively faster travel times, and lower maintenance costs. However, the dangers and inherent risks of riding motorcycles still loom. If you have been injured in a motorcycle accident due to another person’s negligence, you may be able to pursue damages. Our Orange County motorcycle accident lawyers can help you seek compensation for your losses, including lost wages, property damages, and medical bills. Call Arash Law at (888) 488-1391 for a free initial consultation.
Orange County is home to scenic beaches like Surf City USA and breathtaking mountain vistas straddling the county line. This makes it the perfect motorcycle destination for local riders and tourists. Along with the influx of tourists, the county also has the fourth-highest number of registered motorcycle users in California. Heavy traffic flow and tourist congestion increase the risk of motorcycle crashes. This can quickly turn your dream vacation into a nightmare in a split second.
The sheer number of motorcyclists and other vehicles on Orange County’s roads increases the chance of collisions. If you or a loved one has been involved in a motorcycle accident, an attorney can represent your case in or out of court. At Arash Law, our motorcycle accident lawyers in Orange County are dedicated to guiding victims through the legal process and providing support to aid their recovery.
What Is A Motorcycle Accident?
A motorcycle accident is a traffic incident involving a motorcycle crashing into something or colliding with other vehicles or pedestrians, resulting in injury or death. Different factors can cause a motorcycle accident, including losing control, hitting a pothole, or other forms of driver error.
Motorcycle accidents often result in severe injuries due to the inherent lack of protection afforded to riders compared to occupants of enclosed vehicles. Unlike cars, motorcycles offer minimal shielding from the impact of a collision. This increased exposure to external forces significantly amplifies the risk of catastrophic injuries.
largest motorcycle settlement in Tulare County in 2021; client suffered spinal and wrist injuries– JUDD ROSS ALLEN
What To Look For In Orange County Motorcycle Accident Lawyers
An experienced motorcycle accident lawyer can help you make informed decisions and work toward pursuing fair compensation for your damages.
Filing a personal injury claim can be tedious and complicated. The process involves gathering relevant evidence and filing legal documents. In cases where the claim goes to trial, you may have to attend court hearings. It can be difficult and stressful to do all these on your own.
You may need someone to take these legal responsibilities off your shoulders. Choosing an attorney with the following qualifications is ideal:
- Knowledge and familiarity with federal, state, and local motorcycle injury laws.
- Experience in handling motorcycle accidents and similar cases.
- A solid background and legal training in and out of the court.
- A portfolio of handled cases for injury victims.
- Dedication to advocating for the rights of victims of negligence.
Hiring someone who meets these qualifications can help you navigate the legal process more efficiently. Schedule a free case assessment with our Orange County motorcycle accident lawyers to learn more about how we can assist you.
How Can Our Motorcycle Accident Attorneys Help You?
You don’t have to handle the legal matters on your own. We provide legal guidance and work to support your claim against negligent parties. Our Orange County motorcycle accident lawyers can assist you with the following:
- Thoroughly Investigate Your Crash — We will investigate the cause of the accident and preserve any evidence we find to help prove the negligence of the party at fault. If there are witnesses, we’ll interview them to help strengthen your claim.
- Help You Understand Your Case — We can explain to you the legal process in simple terms and answer any questions you may have about your case. Our motorcycle accident lawyers in Orange County will keep you informed of the status of your case.
- Help Protect Your Rights — Our attorneys have decades of combined experience handling motorcycle accident cases. We are familiar with the laws relevant to your motorcycle accident cases and focus on protecting your rights. We will collect key evidence that can help us present a well-supported case.
- Handle the Legal Legwork — Filing and managing court proceedings requires legal knowledge. We will handle all the paperwork and documents needed to file your claim.
- Negotiate a Fair Settlement — Initial settlement offers may not fully compensate accident victims for the damages they have suffered. We will evaluate your case and pursue a fair resolution that reflects the specifics of your situation and aligns with California law.
- No Upfront Legal Cost — Our Orange County motorcycle accident lawyers work on a contingency fee basis, meaning our fees are deducted from the settlement or court award you may be able to receive. If no compensation is obtained, you won’t pay us attorneys’ fees. We will discuss our fee arrangement, potential costs, and any questions you may have regarding your case during your initial consultation. Please note that case-related expenses may still apply regardless of the outcome.
Common Types Of Motorcycle Accidents In Orange County
Motorcycle accidents can occur in various ways due to factors involving the rider, other drivers, road conditions, and product defects.
Here are some of the common types of motorcycle accidents our Orange County injury law firm handles:
- Left-Turn Collisions — This happens when a vehicle in front of a motorcycle makes an abrupt left turn. Accidents like this often occur at intersections where the driver is unable to see the oncoming motorcycle.
- Lane Changing Accidents — This occurs when a car suddenly changes lanes and collides with a motorcycle in the driver’s blind spot.
- Head-on Collisions — This is a particularly dangerous and often fatal type of motorcycle crash. It occurs when a motorcycle and another vehicle collide front-to-front at high speeds.
- Rear-End Collisions — When a car hits a motorcycle from behind, the rider can be catapulted off the bike. This usually happens during traffic accidents where the motorcycle stops suddenly in front of a car.
- Lane-Splitting Accidents — Riding between lanes of slow-moving or stopped traffic can result in accidents due to the close proximity of vehicles, which makes it hard for the motorcyclist to maneuver.
- Single-Motorcycle Crashes — These accidents typically involve only the motorcycle itself. Common causes include human error, road hazards, or brake failure.
- Cornering Accidents — A rider might lose control while taking a turn or corner, causing the motorcycle to be propelled at excessive speed.
- Open Door Accidents — When a parked car’s door suddenly opens into the path of a motorcycle, the motorcycle rider may crash into it.
Our Orange County personal injury lawyers are experienced in handling motorcycle accident cases and can guide you through the steps involved in seeking compensation for your injuries.
Usual Causes Of Motorcycle Accidents In Orange County
With its natural scenic spots and increasing commercial development, motorists continue to congest the county’s roads, increasing the likelihood of road accidents.
Similar to other traffic collisions, a motorcycle accident can occur suddenly and without warning. A distraction or a wrong turn can lead to a crash. Some common causes of motorcycle accidents include:
Driving Under The Influence (DUI)
Drivers under the influence of alcohol or drugs may experience impaired judgment and decreased reaction times when driving on the road. This can increase the risk of a collision with a motorcyclist. Data from the California Office of Traffic Safety (OTS) shows that DUI, particularly alcohol-impaired driving, is a major reason for motorcycle fatalities.
In 2021, alcohol-related driving fatalities in California increased by 16% from the previous year. Although the statistic measures the number of fatalities for various types of vehicles, motorcyclists are still particularly vulnerable. In 2023, Orange County recorded 43 alcohol-involved fatalities and 28 drug-involved fatalities.
If you’ve been a victim of a DUI-related motorcycle collision, consulting with Orange County DUI accident victim attorneys can help you understand your legal options and pursue appropriate compensation for your losses.
Speeding
The OC is home to major hubs like John Wayne Airport and the Irvine Business Complex, where crowds gather by the thousands at a time. Popular spots, like The Disneyland Resort and South Coast Plaza, attract tourists from across the state, with most racing to get first dibs on tickets and shopping deals. With the urgent need to get ahead of everyone, many motorists speed up to beat traffic.
Speeding is a major factor in motorcycle accidents. Many riders rush to cut through traffic and get to their destinations faster. They may go over the posted maximum speed limit, inadvertently putting themselves and everyone around them in danger.
Excessive speeds can reduce a rider’s ability to react to obstacles or sudden changes in traffic conditions. High speeds can also increase the force of impact if a collision does happen, resulting in more severe injuries that can lead to death.
In 2022, over 35% of all fatal motorcycle crashes were the result of speeding. This accounted for nearly one-third of all fatal motorcycle crashes that year. California recorded 756 speeding-related fatalities, with Orange County ranking 6th with 32 deaths.
Slippery And Wet Roads
Wet and slippery roads can reduce the traction of vehicle tires, increasing the likelihood of them skidding off the road. Motorcycles are particularly vulnerable to slippery roads compared to cars due to having only two wheels and a smaller contact patch. This can result in the rider losing control of the motorcycle, potentially causing a fatal traffic accident.
According to the Federal Highway Administration (FHWA), weather-related crashes, particularly during periods of rain, account for nearly 21% of all vehicle crashes in the United States.
If you or a loved one is injured in an accident involving dangerous road conditions, we can help. Our Orange County lawyers will analyze the circumstances surrounding your motorcycle accident to help identify the responsible parties. We will investigate the driver of the other vehicle, the government agency responsible for road maintenance, or third parties whose negligence may have contributed to the accident.
Going Against The Flow Of Traffic
When drivers travel in the opposite direction of traffic, the likelihood of them getting in a head-on collision increases. Although relatively rare, these types of accidents put everyone involved at risk of more severe injuries than typical car accidents. The resulting damage and force of the collision can cause catastrophic injuries to a vulnerable motorcycle rider.
Why Ortega Highway Can Be Dangerous For Motorcyclists In Orange County
Ortega Highway, better known as State Route 74, is a popular route for motorcyclists due to its scenic views. This two-lane highway stretches from San Juan Capistrano to Palm Desert in Riverside County. Despite the mesmerizing mountain views, the highway is considered one of the most dangerous routes for motorcyclists in Orange County for several reasons:
Winding And Narrow Roads
Ortega Highway is characterized by its winding, narrow roads that cut through Orange County’s mountainous terrain. These sharp curves and blind turns are a huge and often fatal challenge for motorcyclists to navigate, especially at higher speeds.
High Traffic Volume
The highway is a popular route for commuters and casual motorcyclists, causing heavy traffic congestion. The mix of slow-moving and fast vehicles makes the highway extra dangerous, particularly during peak hours or on weekends when more motorcyclists are on the road.
Inadequate Road Maintenance
Potholes, road bumps, and debris are common sights on the Ortega Highway. These issues pose significant dangers to motorcyclists, especially when they’re making sudden maneuvers or changes in direction.
Weather Conditions
Due to the highway’s geographical location, it’s prone to rapidly changing weather conditions, such as fog, rain, or even black ice during the colder months. Rain makes the road slippery, reducing traction and making riding more hazardous.
If you’re injured in a motorcycle accident along Ortega Highway, our Orange County lawyers are here to help. We will thoroughly investigate the accident, gathering evidence such as police reports, traffic camera and dashcam footage, and witness testimonies. We will also assess the full extent of your injuries and other losses to estimate the potential value of your claim.
Injuries Commonly Sustained In Orange County Motorcycle Accidents
Motorcycle riders lack the protective frame and features of a car, like seat belts and airbags, to absorb the impact of a collision. Motorcycles are also smaller and less visible than cars and trucks.
In the event of a traffic collision, a rider can be thrown from their bike, leading to severe injuries from impact with the ground or other vehicles. While helmets, jackets, and other gear provide some degree of protection, injuries sustained in motorcycle accidents are often more severe and can even be fatal in more serious cases.
Here are the common injuries our Orange County lawyers have seen victims sustain after a motorcycle accident:
Head And Brain Injuries
Despite wearing a helmet and other protective gear, the sheer impact of a motorcycle collision can result in head injuries ranging from headaches to concussions. More severe cases can lead to traumatic brain injuries (TBIs).
According to the Centers for Disease Control (CDC), sudden and blunt force striking the head during an accident can cause TBIs. The symptoms depend on the severity of the injuries sustained. In severe cases, TBI can last a lifetime and typically leads to a decline in a person’s motor skills and cognitive functions. It can cause victims to be permanently debilitated and unable to care for themselves, which is a devastating consequence for their families as well.
An experienced brain injury attorney in Orange County can help you pursue compensation for your medical expenses.
Limb Amputation
Motorcycle crashes may result in major damage to one or more body parts. Medical intervention, such as amputation, may be required to remove the impacted limbs in order to save the victim’s life. The aftermath of a limb amputation can have life-altering consequences for the victim, affecting mobility, dexterity, and the ability to perform daily tasks.
Whiplash
Whiplash is a common injury sustained in a motorcycle accident. The impact can cause the rider’s neck to jerk back and forth rapidly. Many people recover from whiplash in a matter of days or weeks. However, in severe cases, the victim may experience blurred vision, sleep issues, memory problems, and tinnitus. If more symptoms develop, such as severe pain, weakness in the limbs, balance problems, or changes in bowel movements, the victim should seek medical attention immediately.
While whiplash seems like a minor injury, its long-term consequences can be significant and debilitating. Settlement offers for a whiplash injury may not reflect the full extent of the losses incurred. Consulting with Orange County motorcycle accident lawyers can help you pursue appropriate compensation for your injuries and other damages.
Spine And Back Injuries
A crash can throw the rider off the bike. When the rider hits the ground or another vehicle, the blunt force hitting their back can have an adverse impact on the bundle of nerves that receive signals from the brain. This can result in severe spinal cord injuries (SCI) that potentially lead to partial or complete paralysis. SCIs can result in complications, including breathing problems, pneumonia, circulatory issues, muscle stiffness, pressure sores, chronic pain, and uncontrolled hypertension.
SCI symptoms can manifest in any of the following ways:
- Full-body and partial paralysis
- Loss of sensation in hands and feet
- Pressure in the head, neck, or back
- Tilted spine or head
- Walking issues
- Difficulty breathing
Physical and occupational therapy are often necessary to help individuals recover and regain independence.
Burns And Road Rash
Burns and road rash are common and painful injuries sustained in motorcycle accidents. They can occur during a crash where the motorcycle loses traction, causing it and the rider to slide across the road. Abrasion from sliding across the pavement can lead to permanent scarring, and severe cases may even require surgical intervention.
Contact with hot engine parts can result in burn injuries. This can range from first-degree to third-degree burns, with the latter requiring immediate medical treatment to curb any long-term complications.
Motorcycle Safety Laws In California
Accidents happen at any given time. However, you can lower the chances of being involved in one by adhering to safety laws. Motorcycle safety laws are enforced to promote the safety of motorcyclists and other road users.
Here are some key laws every motorcyclist should know:
- Motorcycle Helmet Law — All motorcycle riders and passengers must, at all times when on the road, wear a helmet that meets the required standard of the DOT. This law is strictly enforced to help reduce head injuries and fatalities.
- Motorcycle Licensing Law — Riders must first acquire a valid motorcycle license before they can legally ride without accompaniment. To obtain a license in Orange County, a rider must pass both a written and a skills test or complete a California Highway Patrol-approved motorcycle training course.
- Lane Splitting Law — California is one of the few states that legally allows lane splitting. Motorcycles can ride between two lanes of stopped or slower-moving cars. However, riders should do it safely and at speeds no more than ten mph faster than the traffic in the lane they are passing.
- Equipment Regulations Law — Motorcycles must meet specific equipment standards, including functional turn signals, mirrors, brakes, and mufflers. The handlebars cannot be higher than the rider’s shoulders when they’re seated on the motorcycle.
- Insurance Requirements — Riders must carry liability insurance that meets the state’s minimum coverage requirements to cover costs in the event of an accident.
- Alcohol and Drug Laws — It is illegal for riders to drive if they are under the influence of alcohol or drugs. The blood alcohol concentration (BAC) limit is 0.08% for riders 21 and over and 0.01% for riders under 21.
If the motorcycle accident involved a violation of any of these laws, our Orange County lawyers can assist in identifying the responsible party and pursuing accountability for your losses.
What Is Pure Comparative Negligence, And How Can It Affect My Case?
California is a pure comparative negligence state, meaning the injured victims can pursue compensation even if they were partially involved in an accident. Comparative negligence is used in personal injury cases to determine the degree of fault each party holds for causing an accident. Under this system, each party’s negligence is measured as a percentage, and the compensation for damages is adjusted accordingly.
The law states that if you are partially at fault, your compensation will be reduced according to the percentage of your involvement. For example, if you were found to be 30% at fault for a motorcycle accident, and the other driver was 70% at fault, these percentages would directly affect the compensation you may be able to receive. If the court says you are 10% at fault, you may only receive 90% of the settlement.
There are several challenges to pursuing a claim, including denials and disputes about liability. Our Orange County motorcycle accident lawyers can help address these challenges and work to seek fair compensation for your losses. You can contact us at (888) 488-1391 for a free case review.
How To Prove Negligence In An Orange County Motorcycle Accident
Negligence is the inability to exercise reasonable care in performing certain actions, which can result in harm or injury to another.
To establish negligence in a motorcycle accident, you need to demonstrate the four elements below:
Duty Of Care
The first step is to demonstrate that the defendant owed a duty to maintain the safety of all road users while driving. This means showing that the defendant had a legal obligation to act in a manner that would prevent harm to others, particularly by following traffic laws, obeying speed limits, and adhering to other road safety measures.
Breach Of Duty
The next step is to prove that the defendant breached this duty of care by showing that the defendant’s actions were not what a sensible person would have done under similar circumstances. Examples include speeding, running a red light, or driving while distracted.
Causation
Establish a direct link to how the breach of duty resulted in the accident. The defendant’s actions must be shown to have directly caused the accident and the resulting injuries. This would require detailed evidence like accident reports, witness statements, expert opinions, and medical records to demonstrate how the breach led to the incident.
Damages
The plaintiff must prove that they suffered losses or damages as a result of the accident. These can include physical injuries, emotional distress, lost wages, and property damage. Medical records, repair bills, and employment records are commonly used to substantiate claims for damages.
Proving negligence in motorcycle accident cases can be challenging without legal knowledge and supporting evidence. Our Orange County motorcycle accident attorneys can help you better understand the laws and regulations that may apply to your situation. They can also investigate the crash, gather evidence, and build a legal strategy for the case.
Who Can Be Held Liable In A Motorcycle Accident?
Depending on their level of involvement, several parties can be held liable in Orange County:
- Other Drivers — If another driver’s negligent behavior caused the accident, such as speeding or violating traffic laws, they can be held liable for the resulting damages and injuries the victims sustained.
- Other Motorcyclists — Despite being more at risk in traffic collisions, motorcyclists can still be found partially liable for the damages in the accident. A rider can be held liable if they were engaging in risky behaviors such as speeding, lane splitting unsafely, or riding under the influence of alcohol or drugs.
- Vehicle Manufacturers — If the accident was caused by a defect in the motorcycle or any involved vehicle, the manufacturer may be held responsible under product liability laws. This includes defects in the design, manufacturing, or assembly of the motorcycle or its accompanying parts.
- Government Entities — Poor road conditions, such as potholes, inadequate signage, or poorly designed intersections, increase the chances of accidents. A government official may be held liable if the road that caused the accident was not maintained properly.
- Pedestrians or Bicyclists — Pedestrians may be at fault if their actions (e.g., jaywalking or violating traffic signals) contribute to a motorcycle accident.
- Employers — If a motorcyclist or a driver of another involved vehicle was on the clock at the time of the accident, the employer could be held liable under the doctrine of vicarious liability.
- Property Owners — If a motorcycle accident happened on the premises of someone else’s property, the landowner may be held liable if it is proven that they failed to address hazards on their property that spilled onto the roadway.
Call Arash Law at (888) 488-1391 for a free case review. Our Orange County motorcycle accident attorneys can help you identify the potentially liable parties for your injuries.
What Are The Available Damages In A Motorcycle Accident Case?
Individuals injured in a motorcycle accident may be eligible to pursue compensation for various types of damages. Below are the main categories of damages that our motorcycle accident lawyers in Orange County can assist you in seeking:
Economic Damages
These compensate for quantifiable financial losses due to the accident. Examples are:
- Medical Expenses — This pertains to all current and future medical costs related to treating injuries sustained in the accident. The plaintiff may be able to pursue compensation for hospital bills, surgeries, medications, physical therapy, and any other necessary medical treatments.
- Lost Wages — If the accident resulted in you missing work, you may include the income you lost during your recovery period as a part of your claim. This may also cover future lost wages if the injuries result in long-term disability or affect your ability to return to work.
- Property Damage — If the crash caused damage to the vehicle or personal property, you may be eligible to seek compensation to cover the cost of repairing or replacing them.
Non-Economic Damages
Our motorcycle accident attorneys in Orange County can also help you pursue compensation for intangible losses that are not easily quantifiable, such as:
- Pain and Suffering — This compensates for the physical pain and emotional distress you may have endured because of the accident. It is calculated based on the severity and duration of the pain and suffering.
- Loss of Enjoyment of Life — If your injuries prevent you from participating in day-to-day activities or hobbies you enjoyed before the crash, our lawyers may also include this as part of your claim.
- Emotional Distress — Motorcycle crashes can be a traumatic experience. You may be able to seek damages for the mental distress, including anxiety, depression, PTSD, and other psychological issues caused by the accident.
- Loss of Consortium — If the accident resulted in the injury or death of the victim, the eligible spouse or family members may be able to file a claim for the loss of companionship.
Punitive Damages
In rare cases where the defendant’s behavior that resulted in the accident is found to be particularly reckless, malicious, or extreme, punitive damages may be awarded to dissuade anyone from committing the same actions. Unlike compensatory damages, these are intended to punish the wrongdoer and serve as a warning to others.
What Should You Do After A Motorcycle Accident?
Being involved in a motorcycle accident can be a frightening and traumatic experience. The legal concerns that come after the crash add another layer of stress. However, it is crucial to take certain steps to help protect your safety and your rights.
Here’s what you can do:
- Stay Away From Danger — Prioritize checking yourself for injuries. Also, check your surroundings, and if it is safe to do so, move out of the way of traffic to avoid further danger. Your safety should be your priority.
- Report the Accident — Contact the authorities and first responders, and report the accident promptly. Call 911 for emergency assistance. This can help medical personnel arrive promptly at your location and create an official record of the accident, which may be necessary for your potential personal injury claim.
- Seek Medical Attention — When first responders arrive, call their attention so they can assess your injuries and give you first-aid treatment if needed. Prompt medical attention is also crucial. See a doctor, even if you feel fine. A doctor can evaluate your condition, diagnose any injuries, and provide appropriate treatment. Medical records are essential for documenting your injuries, which can be crucial evidence for any potential claims.
- Document the Scene — If you are able, take photographs of the accident scene, your motorcycle, any other vehicles involved, and any visible injuries. This evidence can be valuable for insurance claims and potential legal actions against the party at fault. If the accident site is near a business establishment, you may ask for the assistance of your motorcycle injury attorney in Orange County to help you retrieve CCTV footage that can help strengthen your legal claims.
- Keep Your Medical Records — Maintain detailed records of all medical records, expenses, and treatments incurred due to the accident. This includes receipts and medical reports that can be used as evidence to support your personal injury claim. When you request your medical records in writing, your physician will send them directly to you. If you are experiencing difficulty getting your records, you can file a complaint with the Medical Board. To request a copy of your medical records, you may reach the custodian of records in Orange County at (714) 834-3536 or via COR@ochca.com.
- Consult a Personal Injury Attorney in Orange County — It is generally advisable to consult a personal injury attorney in Orange County who handles motorcycle accidents to help you pursue compensation for damages. We can help protect your rights and advocate for fair treatment during court proceedings.
Our client suffered serious injuries after he was run over by a speeding vehicle. Aside from achieving a monumental financial recovery, our firm was able to secure the best medical care and treatment to ensure that he recovered from his injuries with the best medical team in the nation. We are happy to deliver closure and peace to a nice family.– BRIAN BEECHER
When To File A Personal Injury Claim After A Motorcycle Accident
In California, it is essential to file a personal injury claim within two years from the date of the motorcycle accident. If you fail to file within this period, you may forfeit your eligibility to pursue legal action and damages. However, there are several factors to consider:
- Discovery of Injury — If latent injuries from the crash are discovered beyond the two-year window, the statute of limitations may start from the date you discovered the injury rather than the date of the accident itself.
- Claims Against Government Entities — If you’re filing a personal injury claim against a government entity in Orange County, you are required by law to file an administrative claim within six months of the accident date. If the claim is denied, you have six months from the denial date to file a lawsuit.
- Insurance Claims — It is advisable to file an insurance claim as soon as possible after the accident. Prompt filing helps preserve evidence and witness testimony and meet any applicable policy deadlines.
If you fail to file a claim within the statute of limitations without a considerable reason, you may lose the ability to take legal action against the negligent party. Our dedicated accident lawyers in Orange County can help file all the necessary documents for your motorcycle collision claim on time.
Reasons To Promptly File Your Personal Injury Claim
Here’s why Orange County lawyers file motorcycle accident claims as soon as possible:
- Preservation of Evidence — Evidence like accident reports, medical records, and witness statements can degrade and become unreliable over time. Prompt action can help preserve the necessary documents that establish the connection between the accident and the injuries.
- Witness Availability — Witnesses, at the end of the day, are just humans whose memories can fade, or their recollections of the accident may change over time. They are more likely to remember exact details if they’re contacted soon after an accident occurs. Prompt filing also allows for the collection of reliable witness statements.
- Medical Documentation — Timely filing, along with proper medical attention, can help document your injuries, which may support your claim for compensation.
How To Avoid Lowball Settlement Offers After A Motorcycle Crash
It’s not uncommon to receive settlement offers that are less than the value of your claim, which is why consulting with Orange County motorcycle accident lawyers before speaking to insurance adjusters can be beneficial.
Here are some tips to help you avoid low settlement offers:
Document Everything
Keep detailed records of all information relating to the motorcycle crash, including medical reports, police reports, witness statements, and photographs of the scene and your injuries. Detailed documentation can help strengthen your claim.
Seek Medical Attention Immediately
Obtain a thorough medical evaluation right after the accident to document your injuries. Follow through with all treatments recommended by the physician. Keeping records of your hospital visits can help substantiate the severity of your injuries.
Don’t Rush To Settle
Carefully evaluate settlement offers and check if they adequately address your damages. Consulting with motorcycle accident lawyers in Orange County can provide insight into the potential value of your case and the costs associated with your injuries.
Understand Your Policy
Do not hastily agree to an offer without familiarizing yourself with your policy’s coverage, exclusions, and limits. Knowing your legal rights and the compensation you may be eligible for can help prevent your claim from being undervalued.
Get Multiple Repair Estimates
If your motorcycle was damaged in the crash, consider obtaining multiple repair estimates to accurately reflect the cost of repairs in any settlement. This can help address or counter lower estimates that may be provided by the insurer’s preferred auto body shops.
Be Wary Of Recorded Statements
In a legal case, anything you say might be used against you later to weaken your claim. If an insurance adjuster asks for a recorded statement soon after the accident, be cautious about the information you disclose or say. It can be helpful to consult with the motorcycle accident attorneys in Orange County before providing recorded statements.
Consult With A Personal Injury Attorney
After an accident, you might wonder, “Do I need a personal injury lawyer?” It’s not mandatory to hire a lawyer for every personal injury case. However, consulting with an attorney can provide valuable guidance and support in navigating the legal process. An experienced motorcycle accident attorney in Orange County can review your policy and assess your claim. We can assist in negotiating with insurance companies on your behalf, providing representation to address your concerns.
Statistics For Motorcycle Accidents In Orange County
Orange County has over 57,140 registered motorcycles. Due to the sheer number of active drivers who take to the road every day in the county, the increasing rate of motorcycle-related crashes comes as no surprise.
In the past five years, Orange County has ranked fourth among the counties in California with the most motorcyclist fatalities and serious injuries. Data from a 2021 OTS crash ranking shows that 726 motorcycle accidents were reported in Orange County, 565 of which resulted in fatalities. The number of cases increased by 3% from the previous year.
Anaheim had the highest number of motorcycle collisions among Orange County cities, with 98 cases. Santa Ana followed with 67 accidents. Huntington Beach also tallied 59 motorcycle-related accidents that same year.
If you or someone you know has been a victim of a motorcycle accident, you may be eligible to seek compensation for your injuries and losses. Our motorcycle accident lawyers in Orange County work to help you hold the liable parties accountable. Call Arash Law at (888) 488-1391 for a free initial consultation.
Frequently Asked Questions About Motorcycle Accident Cases
Why Is Wearing Riding Gear Important For Motorcyclists?
Many motorcyclists may not fully realize the significant impact that wearing proper riding gear can have on their safety and well-being in the event of a traffic collision. Accidents involving riders who are not wearing helmets tend to have more severe consequences than those where riders are equipped with the right gear.
As stated in the California Vehicle Code (CVC), the motorcycle driver and his or her passenger should wear a helmet that meets the DOT’s requirements and standards.
Helmets should have the following:
- Stiff foam liner
- Hard outer shell
- Face shield
- Face and chin protector
- Chin strap
- Strong rivers
- Comfort liner
- Strong rivets
Does Health Insurance Cover Motorcycle Accidents In Orange County?
Health insurance generally covers medical expenses and treatments resulting from motorcycle accidents, including hospital stays, surgeries, doctor visits, and rehabilitation.
In some instances, the hospital treating your injuries may choose not to bill your health insurance because they receive less money from your policy than from your accident claim. If this happens, you can submit your hospital bills directly to your insurer and wait for approval from their end to see if they will reimburse the money you’ve spent.
How Much Will My Insurance Cover After An Orange County Motorcycle Accident?
The extent of insurance coverage can vary depending on the specifics stipulated in your policy, which means you may still be responsible for deductibles, co-pays, and any costs that exceed your policy limits.
Deductibles
A deductible is a set amount you pay each year before your insurance plan starts to pay for covered services. For example, if your deductible is $1,000, you will need to pay $1,000 out-of-pocket for your medical expenses before your insurance starts to cover costs. In the case of a motorcycle accident, any medical expenses incurred will count toward your annual deductible.
Once you meet this deductible, your insurance will cover a larger portion of your medical bills, as outlined in the terms of your policy. Coinsurance is the percentage of costs you will have to pay for a covered service once you reach your deductible.
Co-Pays
A co-pay is the fixed amount of money you will have to pay out-of-pocket for a health service. Co-pays are typically required for services like doctor visits, emergency room visits, and prescription medications.
Subrogation Rights
Health insurance companies may have subrogation rights, meaning they are legally allowed to seek reimbursement from any settlements or judgments you receive from third-party claims. If you receive compensation from the at-fault party’s insurance, your health insurer may require repayment for the medical expenses they cover.
Many people are surprised when their insurers start asking for reimbursements. Therefore, it is essential to review your policy to understand any specific provisions that may affect your coverage. Our Orange County motorcycle accident lawyers can communicate with insurance companies on your behalf and address any concerns you may have about your case.
What Is The Average Settlement For A Motorcycle Accident In Orange County, CA?
Generally, settlement amounts vary significantly based on several key factors. The severity of injuries, insurance policy limits, and whether liability is clear-cut can all affect the final payout of a case.
Motorcycle accidents often result in relatively more severe injuries, which can lead to higher settlement amounts.
Non-economic damages, such as pain and suffering, also influence the final settlement amount. These are calculated by multiplying the total economic costs by a factor or assigning a daily rate for each day the victim suffers due to the pain inflicted by the accident.
It’s important to seek immediate medical attention so that your injuries are properly documented to support your claim. Our Orange County motorcycle accident attorneys can help connect you with local medical providers to facilitate evaluation and treatment.
I Lost A Loved One In An Orange County Motorcycle Accident. Is There Anything I Can Do?
If you lose a loved one in a motorcycle accident in Orange County, you may be able to pursue a wrongful death claim to seek compensation for your losses.
Here are some steps that might help you during this difficult time:
- Consult with Orange County lawyers who handle wrongful death and motorcycle accident cases to get specific legal advice and understand your rights and options.
- A wrongful death claim may be filed by the deceased person’s spouse, domestic partner, children, or other eligible dependents. The potential compensation may help cover losses such as funeral expenses, lost income, loss of companionship, and emotional distress.
- Collect as much evidence as possible to support your claims, including police reports, witness statements, medical records, and any other documentation.
- The statute of limitations for wrongful death claims is typically two years from the date of the accident. It is essential to file your claim within this timeframe to preserve your rights to seek compensation for your losses.
How Much Does A Motorcycle Accident Lawyer Cost In Orange County?
Our Orange County motorcycle accident lawyers operate on a contingency fee basis, which means you do not pay any upfront fees for our legal services. We only collect fees if your case results in a settlement or court award. If no compensation is obtained, you will not owe us any attorneys’ fees. However, other case-related costs may still apply, regardless of the outcome of your case. During your case assessment, our attorneys will explain these fees and costs in detail.
How Can I Make Sure I Will Be Treated Fairly During The Claims Process?
Having our Orange County motorcycle accident lawyer by your side will guarantee that you are protected from insurance companies’ malicious lowballing tactics. We’ll make sure you do not fall prey to insurance adjusters looking for loopholes in your case to lower the amount of compensation they would have to pay.
I’m An Undocumented Immigrant Who Is A Victim Of A Motorcycle Accident. Can I File A Personal Injury Case?
Yes. California law specifically prohibits discrimination based on immigration status in personal injury cases, including motorcycle accident claims. Courts are not allowed to ask about a plaintiff’s immigration status when determining damages and losses sustained in a personal injury case.
It’s crucial to work with Orange County motorcycle accident attorneys who understand personal injury law and the challenges undocumented immigrants face daily. We will guide you through the process and advocate for your rights.
Consult With Our Motorcycle Accident Lawyers In Orange County
Motorcycle accidents often cause severe injuries that can have life-altering consequences for unfortunate victims. Managing medical bills and navigating the legal process for an accident claim can be challenging, and many people find it helpful to seek professional guidance.
If you or someone you care about has been injured in a motorcycle accident in Orange County, our lawyers can help you pursue fair compensation under the law. We work on a contingency fee basis, so you don’t pay any attorney’s fees upfront unless compensation is obtained. Please note that case-related costs may still apply.
Our Orange County lawyers also handle a wide range of injury cases, including Uber accidents, truck accidents, slip-and-fall accidents, semi-truck accidents, pedestrian accidents, mesothelioma cases resulting from asbestos exposure, Lyft accidents, hit-and-run accidents, bus accidents, and bike accidents. Call (888) 488-1391 to schedule your free initial consultation.
We also offer our services in neighboring areas, including Los Angeles, San Bernardino, Riverside, San Diego, Ventura, Imperial, Kern, Santa Barbara, Inyo County, Mono County, Tulare County, and Kings County.
