Have you been injured in a motorcycle crash? As motorcycle accident lawyers, we know how confusing this time can be.
Not only are you trying to heal, but you’re trying to figure out your next steps. What legal rights do you have – how do you pay for medical treatment? And who can you hold responsible for your injuries?
If you have such questions, we are here to answer them. Before you contact us to schedule your free case evaluation, here’s an overview of California motorcycle accidents.
Causes of Motorcycle Crashes in California
Motorcycle crashes happen for various reasons. The most common causes of motorcycle accidents are:
- Speeding
- Running red lights or stop signs
- Careless driving
- Distracted driving
- Driving while fatigued
- Failing to check blind spots
- Inexperienced drivers
- Mechanical faults
Sometimes, there is only one party involved. For example, a motorcycle rider might crash into a railing. Other times, there are multiple parties involved e.g. a driver runs a red light and hits a motorcyclist.
Motorcycle Accident Injuries
Motorcycle riders are especially vulnerable to serious injuries, even if they wear helmets and safety gear. This is due to how exposed they are on the bike. The most common types of injuries include:
- Broken bones
- Cuts and lacerations
- Facial disfigurement
- Neck and spinal injuries
- Head trauma
- Internal organ damage
- Skin injuries e.g. road rash
Serious injuries include paralysis, traumatic brain injuries, spinal fractures, and even limb loss.
Fatal and Serious Motorcycle Crashes
Unfortunately, some crashes result in life-changing or even fatal injuries. According to recent California motorcycle injury statistics:
- In the last three years, on average, 600 motorcyclists died in fatal crashes.
- Motorcyclists accounted for over 14% of all California traffic fatalities in 2022.
- In 2023 alone, 11,722 motorcyclists were involved in a fatal or serious accident.
If your life is permanently changed after a crash, or you’ve lost a loved one, the May Firm can help. Contact our team to discuss your legal rights.
Claiming Compensation After a Motorcycle Crash
There are two types of losses you can claim for after a motorcycle crash:
- Economic losses e.g. medical expenses, property damage
- Non-economic losses e.g. pain and suffering
There are two ways you might claim such damages: an insurance claim and/or a personal injury lawsuit.
Insurance Claim
California is a “fault” state. This means that the vehicle operator responsible for the crash is also responsible for covering the cost. That’s why, in California, every motorcycle rider must carry, at a minimum, liability insurance.
After a crash, you can file an insurance claim with your insurer. They will decide whether to settle the claim. If another party caused your injuries, they may seek payment from the other driver’s insurance company.
- Do not apologize or say anything which could suggest fault. Let the facts speak for themselves.
- Although it’s tempting, don’t accept the first settlement offer. This is rarely the best offer you will receive.
- Provide as much evidence to support your claim as possible. The more evidence you have, the easier it is to secure the damages you deserve.
- Your insurer may not cover certain types of losses e.g. damage to customized vehicles. Check your policy to confirm what is covered.
If someone else injured you, and they’re uninsured, you can still claim if you have cover against uninsured drivers. This is why having uninsured motorist coverage is highly recommended.
Personal Injury Lawsuit
Careless or negligent drivers often cause crashes. So, if someone else caused your injuries, you can claim civil damages for past and future losses. This is known as a personal injury claim. Damages you might claim include:
- Medical expenses
- Lost income
- Lost future earning potential
- Rehab costs
Civil claims are especially helpful if your injuries are severe and exceed your insurance policy payout limits.
Can you file an insurance claim and a civil lawsuit? Yes. Our attorneys can explain what types of losses you can claim, depending on your case.
Failing to Wear a Helmet
It’s a legal requirement for motorcycle riders to wear helmets in California. If you don’t wear a helmet, it could affect your claim’s value if, for example, you sustain a head injury.
However, do not be deterred from filing a claim just because you didn’t wear a helmet. You may still have legal rights you are entitled to pursue.
Comparative Fault
Are you concerned that you may be partially to blame for the accident? Even if you are partly responsible, this doesn’t automatically mean you can’t claim damages. It all depends on whether you were just partly or mostly to blame for the crash.
How do you determine your “degree” of fault? That’s where personal injury attorneys can help. The May Firm can assess the facts and explain what level of damages you might claim.
What to Do After a Motorcycle Car Accident
Since we can’t prevent every crash, it’s crucial you know what to do if an accident occurs.
- Call 911 or get emergency help for serious, life-threatening injuries.
- Report the crash to law enforcement. You are legally obliged to report crashes where there are any injuries, however minor.
- Obtain a copy of your police report. You can use the report to help support your claim.
- Take pictures of the accident scene, your injuries, and any property damage.
- Exchange details with any other driver(s) involved. As is the case with car crashes, this is a legal obligation.
- Check for witnesses and request their contact information.
- Seek medical attention, no matter how minor your injuries may seem. Severe injuries can take time to reveal themselves.
Your next step should be calling a motorcycle accident lawyer for advice. We can explain who you might sue and how much your claim could be worth. And we will fully explain your legal options so you can make an informed decision.
Get the Motorcycle Accident Legal Help You Deserve
Although it’s tempting to handle accident claims alone, don’t! You deserve justice for what happened, and without legal advice, you risk settling for less than you are owed.
Worried you can’t afford a compensation claim? You don’t pay anything unless we win your case, so money is no issue. We’re committed to ensuring everyone has access to justice.
Still unsure about whether to claim? You only have two years from the accident date to file a compensation claim. This may seem a long time but think of it this way. The more you delay, the harder it is to preserve evidence to help your case!
Call the May Firm now for a free consultation or reach us online. Either way, we’re on hand now, waiting to assist.
