Motorcycle Accidents

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Motor Vehicle Accident

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Our client stopped at the stop sign and was hit by another vehicle causing brain injuries

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Orange County Motorcycle Accident Lawyers

If you, or a loved one, has been injured in a motorcycle accident, then know this: you are not alone.
We understand the unique dangers that come with motorcycling, and it is a testament to how enjoyable riding is that so many people choose to do it in spite of these dangers. There are a number of risks that motorcyclists face that automobile drivers don’t:

You are balanced on two wheels rather than four.
You are less visible than a passenger car.
You are directly exposed to the elements.
You lack many of the safety features of cars, such as seatbelts and airbags.

Accidents which would be a nuisance to an automobile driver can be life-threatening to a motorcyclist, because in the vast majority of crashes, the rider is knocked onto the street.

Fighting Against Anti-Motorcyclist Bias

Our firm understands the bias that motorcyclists face in the legal system. We know that motorcyclists are a diverse group coming from all walks of life. Sadly, this view is not shared by many in society: there still exists a widespread perception of motorcyclists as reckless daredevils. This perception may be unfair, but its effects are real: judges and juries are less likely to award large settlements to motorcyclists, even if they have been seriously injured, and this has a trickle-down effect on how much insurance companies are likely to offer you. Don’t be discouraged, though. Motorcycle accident cases are harder, but they are winnable with that right legal representation. And that is what we strive to provide for you.

Proving a Motorcycle Accident Claim

In a motorcycle accident case, as in all accident cases, you have to prove that the other driver was at fault.
This, in brief, involves proving that:

The other driver had a duty to you.
The other driver breached that duty.
You suffered damages because of this breach of duty.
The breach of duty was the direct cause of your harm.

This isn’t quite as complex as it may sound. Drivers on the road have a duty to follow all the relevant traffic laws and to exercise reasonable caution for the safety of other drivers. If they fail to do this, then this counts as a breach of duty, and they can be held responsible for the damages that they caused you.
As a result, much of our job as attorneys involves proving that the other driver was at fault for the collision. Once this has been established, then our next task is to prove that the accident was the cause of the damages you suffered. Insurance companies, if they cannot deny that their client was at fault, will try to minimize the amount of damages they have to pay you – and how well you are able to negotiate depends on how good you attorneys are.

Types of Damages

If you were injured in a motorcycle accident, you may be able to receive damages for many things. The main categories of damages are:

Medical Bills, including emergency room visits, physical therapy and rehabilitation, surgery, medications, and more.
Lost Wages, if you were forced to take time off work.
Property Damage, if your motorcycle or other personal property was damaged or destroyed.
Pain and Suffering, which includes the ways in which the accident disrupted your everyday life.

Some of these damages, such as medical bills, have a direct numerical value attached. These are known as economic damages. Insurance companies will still try to lowball you as much as possible, though, and that is where a good attorney comes in.

Pain and suffering are noneconomic damages, because there is no direct price tag attached to the effect that an accident has on your quality of life. This makes it more subject to negotiation. With regards to these types of damages, the right legal representation is even more important.

Holding Governments Accountable for Poorly Maintained Roads

It’s not just other drivers who can be held at fault for a motorcycle accident, though.

One of the main accident risks for motorcyclists involves poor road conditions. Things such as potholes, loose gravel, and broken cement are much more dangerous for a motorcyclist than they would be for an automobile driver.

When you crash as a result of poor road conditions, the most likely at-fault party will be the owner of the roads. If those are public roads, this will be the city, county, or state government. If the accident occurs on a private road, such as in a parking lot, then this will be the property owner.

These entities which build and maintain roads – both public and private – have a duty to keep their property in reasonably safe conditions. They must inspect it regularly, repair dangerous conditions as soon as possible, and give warning about those dangerous conditions before they are repaired.

If they fail to do this, you can and should hold them responsible. Government is not above the law, and road builders have no right to let dangerous conditions slide, particularly when motorcyclists are so often the first to suffer. Our firm stands ready and prepared to take on these agencies, if and when they endanger motorcyclists’ safety.

Justice for Family Members of Victims

Our firm works to provide justice not just to victims of motorcycle accidents, but also to their families.

Perhaps your loved one was killed in a motorcycle accident. If so, you may be able to recover damages on their behalf via a wrongful death claim. You can sue for wrongful death if the decedent was your spouse, your significant other, your parent, or even your grandparent; in other words, if you stood to inherit from them under California’s intestate succession laws.

In a wrongful death claim, you can sue for damages such as:

Funeral Expenses and Burial Costs.
Loss of Companionship.
Lost Earnings (on behalf of the decedent).

What you will be able to recover will vary from case to case, but with the right legal representation, you can go a long way.

The Number One Thing You Can Do to Help Your Case

Aside from hiring an attorney, there is one step you should take after an accident that will help you more than anything, and that is to gather evidence.

Gathering evidence starts at the scene of the accident. You should take as many pictures as possible of the scene, including of the damage to your motorcycle and the other party’s vehicle, as well as anything else that was involved, including road or traffic conditions. Get pictures from all different angles.

You might not have thought to take pictures at the scene – which is understandable! It’s a lot easier to read this than it is to remember it in the moment when your adrenaline is coursing – or you might have been too injured to do so. If so, you can still go back to the scene and take pictures of the road, as well as of the damage to your vehicle.

As with all accidents, you should exchange your name, address, vehicle registration, and insurance information with the other driver. If they hit and run, then try to get their license plate, but don’t chase them, however justifiably angry you may be. This could get you in even more trouble on the road, make your injuries worse, or lead to a dangerous confrontation. You can get much better justice later, in court.

If there were witnesses at the scene, you should get their names and contact information as well. Eyewitness accounts can be extremely valuable.

If the police responded to the accident, there will be a police report. You should order a copy of the police report, which can be done very easily, occasionally for a nominal fee. You should also order the SR-1 report made by the other driver.

Finally, you should keep meticulous records of medical expenses, lost wages, and pain and suffering, even long after the accident. You can record pain and suffering by writing down a list of things you would have liked to do (such as going swimming or hiking with friends) but were not permitted to do because of your injuries. Medical bills and lost wages will be easier to document, but no less crucial. Documentation is your best friend here, so do not neglect it!

If you are injured in a motorcycle accident, then we will fight to represent you to the best of our ability, but our job will be made much, much easier if you have been meticulous in collecting evidence.

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Helpful Information

The Personal Injury process can be confusing. To answer the many questions regarding accidents and the injuries they produce, we put together the most frequently asked accident questions along with helpful guides to accompany them. Whether it be questions on cost, medical expenses and treatments or specifics in what to do ( or not do), we have you covered.

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find the best medical providers

Having high quality care to get our clients recover is our main priority. That is why we focus on sending our clients only to the best physicians after being involved in an accident.

Chiropractic

Family Doctors

General Practitioners

Neurologist

Spinal Surgeons

Cardiologist

Orthopedics

Pain Management

MRI

Optometrist

Pediatrics