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CALIFORNIA MOTORCYCLE ACCIDENT LAWYERS

Living life on two-wheels is both exciting and fun. However, there are risks associated with riding a motorcycle. Unlike a car, motorcycle riders don’t have an outer frame to help absorb any impact and cage the vehicle operator. As a result, injuries from a motorcycle accident tend to be more severe. Our attorneys understand the unique risks and dangers associated with riding and can assist you with your claim.

motorcycle risks and statistics

Motorcycles are less stable and less visible than cars. Because motorcycles have high-performance capabilities and lack protection, motorcycle riders bear a higher risk of injury or death. Although helmets and antilock brakes make riding less dangerous, the number of deaths on motorcycles is nearly 29 times the number in cars (see Insurance Institute for Highway Safety).

motorcycle accident causes

Although there are a number of potential causes for motorcycle accidents, the most common include:

• Vehicles merging

• Vehicles tailgating a motorcyclist

• Uneven road conditions

• Loose gravel

• Construction

unlike other personal injury firms, we handle both your bodily injury and property damage claims

There are two types of motorcycle accident damage claims available to claimants: bodily injury and property damage. Bodily injury claims include medical bills, prescriptions, ambulance bills, etc. Bodily injury claims include both economic and non-economic damages. On the other hand, property damage claims include motorcycle repairs, loss-of-use, and diminished value. Property damage claims are typically economic in nature.

Most personal injury lawyers only handle bodily injury claims, but our attorneys are uniquely experienced in the motor sports industry, to handle both claims and make your recovery easier.

1. How is fault determined in a California motorcycle accident?

   Establishing fault can sometimes be complex. Generally, fault is based on "negligence." Typically, negligence involves a violation of traffic laws such as: speeding; running a redlight; texting while driving; distracted driving; drunk driving; or failing to yield the right of way.

2. How do you determine if a driver/motorcyclist was negligent?

   Under California’s negligence laws, a driver is negligent when:

   • The defendant (other driver) owed a duty of care;

   • The defendant breached that duty of care;

   • The defendant’s breach of that duty of care was a substantial factor in causing the plaintiff’s injury.

A “duty of care” is a duty imposed on all California drivers to drive carefully and avoid being unreasonable. This duty of care typically requires drivers to use reasonable care when operating a motor vehicle, look out for pedestrians, obstacles and riders, and control the speed and movement of their vehicle.

3. What happens when both parties are at fault in an accident?

Under California’s comparative negligence law, even if both a driver and a motorcyclist are at fault, an injured rider can still recover from the other driver; however, the injured rider’s recovery will be reduced by the percentage they are found to be at fault. For example, if an injured rider was found to be 30% at fault, and the damages were $1,000, the injured rider will be able to recover $700 ($1,000 minus 30%).

4. Can I file a claim if my spouse was killed in a motorcycle crash?

Unfortunately, this occurs more often than we would like. If you find yourself reading this because you’re in this situation, we would first like to extend our most sincere condolences. You can rest assured that our attorneys are here to help.

In short, if your spouse or domestic partner was killed in a motorcycle accident, you may be able to file a claim under California’s wrongful death laws. Family members who can file a wrongful death claim include:

• A surviving spouse;

• A surviving domestic partner;

• Any children;

• Any grandchildren (if the individual’s children are deceased); or

• Anyone else who would be entitled to the property of the decedent by California intestate succession laws.

Damages include any costs associated with the loss of a family member such as burial expenses, funeral expenses, lost financial earnings, and loss of consortium.