Nor-Cal Motorcycle Accident Overview
Our California motorcycle accident lawyers help victims who were injured in a motorcycle accident caused by another party’s negligence. Every year an estimated 88,000 motorcyclists are injured in crash-related accidents.
Motorcycle accident victims and their family members deserve fair compensation for their injuries.Motorcyclists are at particular risk on roads and highways because drivers of other vehicles oftentimes fail to see motorcycles, yield the right-of-way to them, or share the road. Other factors, such as aggressive driving, distracted driving, inattention, fatigue, driving under the influence of drugs or alcohol or even lack of experience play a part in motorcycle injuries or fatalities.
If any of these factors are proved to be the cause of a crash that results in property damage or injury, the motorcyclist (or his/her family) may be entitled to compensation. Although motorcycles only account for only 1.1% of motor vehicles involved in traffic crashes (2009 NTSA facts), they account for a higher proportion of fatalities. For obvious reasons, they are more likely to die than other drivers of motor vehicles.
Who are Common Defendants in California Motorcycle Accident Cases?
In California motorcycle accident cases, the common defendants can include:
Negligent Drivers: Motor vehicle drivers who caused the accident due to their negligent actions, such as failing to yield, distracted driving, drunk driving, or violating traffic laws.
Commercial Entities: If the accident involves a commercial vehicle, the employer or company that owns the vehicle may be held liable for the actions of their employee.
Government Entities: If the accident occurred due to a hazardous road condition or lack of proper signage, the government entity responsible for maintaining the road may be named as a defendant.
Motorcycle Manufacturers: In cases where a defect in the motorcycle or its components contributed to the accident, the manufacturer or distributor may be held liable.
Determining the appropriate defendants in a motorcycle accident case requires a thorough investigation and analysis of the circumstances surrounding the accident. It's important to consult with an experienced personal injury attorney to assess the specifics of your case and identify the potential defendants.
Are Motorcycle Accidents Treated Differently Than Car Accidents in California?
In California, motorcycle accidents are treated differently than car accidents due to several factors:
Vulnerability: Motorcyclists are more exposed and vulnerable than occupants of cars. This vulnerability often leads to more severe injuries in motorcycle accidents. Recognizing this, California law imposes additional safety regulations specific to motorcycles, such as helmet requirements for riders.
Lane Splitting: Lane splitting is the practice of riding a motorcycle between lanes of slow-moving or stopped traffic. In California, lane splitting is legal under certain conditions. However, this unique aspect of motorcycle riding can affect liability and the determination of fault in an accident.
Comparative Negligence: California follows a comparative negligence rule, which means that if multiple parties are found to be at fault for an accident, each party's degree of fault will be assessed. This rule applies to both car and motorcycle accidents. However, the comparative negligence rule is especially significant in motorcycle accidents, as biased perceptions of motorcycle riders can influence fault assessments.
Insurance Requirements: California requires all drivers, including motorcyclists, to carry liability insurance. However, the minimum insurance requirements for motorcycles may differ from those for cars. Additionally, motorcycle insurance policies often include coverage specific to motorcycles, such as coverage for custom parts and accessories.
Safety Training: California encourages motorcycle safety through the California Motorcyclist Safety Program (CMSP), which provides training courses for riders. Completing a CMSP course can have a positive impact on your claim if you are involved in a motorcycle accident.
Perception and Bias: Motorcyclists sometimes face stereotypes and biases, which can impact how their claims are perceived. Insurance companies, adjusters, and even jurors may hold preconceived notions that motorcyclists are inherently reckless or at fault in accidents. Overcoming these biases may require strong evidence and effective legal representation.
Due to these factors, motorcycle accidents in California can be more complex than car accidents. It is crucial for motorcycle accident victims to seek the assistance of an experienced attorney who understands the unique aspects of motorcycle accident cases and can navigate the legal process effectively on their behalf.
Motorcycle Accident FAQ's
Phillips Law Offices answers some of the most frequently asked questions about injury accidents and claims. We hope this information will give you an idea as to how to move forward with your matter. The legal issues surrounding personal injury cases may at times seem overly complicated, and even overwhelming at times. There is no need to feel that way, we’re here to help. Explore the answers to the questions you may have or just give us a call. Since every case has unique facts and circumstances, we’d be glad to discuss the specific details of your case and any specific questions you have. We invite you to give us a call at 530-265-0186 for a no charge consultation.
What are Common Types of Motorcycle Accidents and Injuries in California?
Common types of motorcycle accidents and injuries in California include:
Intersection Collisions: Accidents that occur at intersections due to a driver's failure to yield or violating right-of-way rules.
Lane Splitting Accidents: Motorcycles being struck by vehicles while maneuvering between lanes of traffic, which is legal in California under certain conditions.
Left-Turn Accidents: Vehicles making left turns without properly yielding to motorcycles approaching from the opposite direction.
Rear-End Collisions: Vehicles striking motorcycles from behind, often due to the driver's inattentiveness or following too closely.
Sideswipe Accidents: Vehicles changing lanes without noticing a motorcycle beside them, leading to a collision.
Common injuries in motorcycle accident cases include:
traumatic brain injuries (TBIs),
head injuries,
spinal cord injuries,
broken bones,
road rash, and
lacerations.
What Damages Can Be Recovered for a California Motorcycle Accident?
In a California motorcycle accident, various types of damages can be recovered, including:
Medical Expenses: Compensation for past and future medical treatment, surgeries, rehabilitation, medication, and therapy related to the accident.
Lost Wages: Reimbursement for income lost due to the accident, including missed work days, reduced earning capacity, and potential future earnings.
Pain and Suffering: Compensation for physical pain, emotional distress, mental anguish, and loss of enjoyment of life resulting from the accident and injuries.
Property Damage: Reimbursement for repair or replacement of your damaged motorcycle and other property damaged in the accident.
Disability and Disfigurement: Compensation for any permanent disability or disfigurement resulting from the accident, which may affect your quality of life and earning potential.
Loss of Consortium: Damages awarded to the spouse or family members for the loss of companionship, support, and consortium due to the injured party's injuries.
Punitive Damages: In cases of extreme recklessness or intentional misconduct, punitive damages may be awarded to punish the at-fault party and deter similar behavior.
The specific damages that can be recovered will depend on the details of your case, including the severity of your injuries, the impact on your life, and the degree of negligence or liability of the other party involved. Consulting with an experienced motorcycle accident attorney is essential to understand your rights and pursue appropriate compensation for your losses.
How Can a California Motorcycle Accident Lawyer Help?
A California motorcycle accident lawyer plays a crucial role in helping accident victims navigate the complex legal process and seek fair compensation for their injuries and damages. Here are some key roles and responsibilities of a motorcycle accident lawyer:
Legal Advice and Guidance: A lawyer provides expert legal advice based on their knowledge of California motorcycle accident laws. They assess the merits of your case, explain your rights, and guide you through the legal process.
Investigation and Evidence Gathering: Lawyers conduct a thorough investigation into the accident, collecting evidence such as accident reports, witness statements, photographs, and medical records. They may also work with accident reconstruction experts to reconstruct the scene and determine liability.
Determining Liability: A lawyer evaluates the factors that contributed to the accident, such as negligent drivers, defective motorcycle parts, or hazardous road conditions. They identify the responsible parties and build a case to hold them accountable.
Insurance Negotiations: Lawyers handle all communications and negotiations with insurance companies on your behalf. They strive to secure a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages. If necessary, they are prepared to take the case to court.
Advocacy and Litigation: If a fair settlement cannot be reached, a lawyer represents you in court and presents your case to a judge and jury. They use their legal expertise to argue your position and seek the maximum compensation you deserve.
Expert Network: A motorcycle accident lawyer often has a network of professionals, including accident reconstruction experts, medical specialists, and investigators, whom they can consult to strengthen your case. They tap into these resources to build a strong claim on your behalf.
Overall, a California motorcycle accident lawyer acts as your advocate, working diligently to protect your rights and maximize your compensation. Their experience and knowledge of the legal system can significantly enhance your chances of achieving a favorable outcome in your case.
Questions?
California Motorcycle Accident Resources
Hopefully you find our site a good start to get your questions answered. But we are more than happy to answer any specific questions you may have, so feel free to give us a call at 530-265-0186. In the meantime, there are many internet resources available for information about motorcycle accidents and injury. We encourage you to visit some of these websites we have collected for easy reference.
The American Motorcyclist Association - A member organization promoting the interests of motorcycle enthusiasts, with an emphasis on racing and motorcyclist rights.
The Hurt Report: Motorcycle Accident Cause Factors and Identification of Countermeasures - A summary of findings from this influential 1981 study of factors that cause motorcycle accidents and injuries, with suggestions of countermeasures.
Insurance Institute For Highway Safety: Motorcycles - Overview of the inherent risks of riding a motorcycle, with information about helmet laws.
Motorcycle Consumer News - An advertising-free, multi-faceted resource for the motorcycling public.
Motorcycle Riders Foundation - A Washington, DC-based Motorcyclist rights organization.
The Motorcycle Safety Foundation - Provides information on motorcycle rider training, operator licensing, government relations, rider courses, riding gear, and motorcycle safety.
Motorcycle Safety Program - From the National Highway Traffic Safety Administration (NHTSA), with extensive safety resources for motorcyclists.
National Agenda For Motorcycle Safety - Provides a look at motorcycle safety today, and a blueprint for the future.
The National Highway Traffic Safety Administration - Provides crash statistics and articles about accidents, product safety, and passenger safety for all kinds of vehicles, including motorcycles.
Motorcycle Foundation YouTube Channel - Videos on basic motorcycle safety and riding instruction, with an emphasis on fostering a more friendly riding environment.
Motorcycle Safety (GHSA) - Motorcycle safety statistics, information about motorcycle laws, and research.
Remember, it is essential to consult with a qualified attorney to get personalized advice based on your specific case. We can assess the circumstances surrounding your accident, help determine liability, and guide you through the legal process to protect your rights and seek appropriate compensation.
If you or a loved one was injured in a motorcycle accident, we invite you to contact our law firm at Phillips Personal Injury. We provide both free consultations and legal advice you can trust.