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California Motorcycle Accident Attorney

Motorcycle accidents can be devastating, leaving riders with severe injuries, emotional trauma, and overwhelming expenses. Although it is impossible to reverse the damages caused by such accidents, injured parties may be able to seek financial compensation through civil courts and personal injury claims. An experienced motorcycle accident lawyer understands the vulnerability and exposure motorcyclists face and will do everything they can to protect their rights and represent their best interests at heart.

At West Coast Trial Lawyers, we understand these challenges and are dedicated to helping you rebuild your life. Our experienced California motorcycle accident lawyers have secured over $1.7 billion for our clients, fearlessly taking on large insurance companies and negligent motorists so you can focus on healing. No matter what kind of accident you have been involved in, our team of attorneys will be there every step of the way.

If you or a loved one has been hurt in a motorcycle crash, call us at (213) 927-3700 or complete our contact form for a free consultation.

The WCTL Difference

The Co-CEO's of West Coast Trial Lawyers.

For California motorcycle accident victims, choosing the right law firm can make a world of difference in your recovery. At West Coast Trial Lawyers, our top-tier attorneys—including Harvard graduates and nationally recognized legal analysts—personally manage each case, ensuring you get dedicated attention from start to finish. 

We never outsource your claim, pad fees, or tack on hidden costs, and we handle property damage at no charge. With a track record of successfully representing high-profile clients, we have the courtroom experience and expertise to fight for the maximum compensation you deserve.

California Motorcycle Accident Statistics

According to the California Office of Traffic Safety, there were over 13,000 motorcycle accidents in California in 2020 alone. These accidents resulted in over 500 fatalities and thousands of injuries, underscoring the severe impact of motorcycle crashes. In addition, the National Highway Traffic Safety Administration (NHTSA) reports that motorcycle riders are about 28 times more likely to die in an accident than those in passenger vehicles.

While it is no surprise that motorcycle riders are particularly vulnerable compared to people riding in cars and trucks, these statistics highlight the critical need for awareness, safety measures, and legal support for motorcycle accident victims in California.

Common Motorcycle Accident Injuries

A doctor looking at an x-ray of a person's brain.

The aftermath of a motorcycle accident can be catastrophic, especially if the rider has suffered a variety of injuries. No matter what kind of accident victims have been involved in, they should  seek medical attention immediately, regardless of how minor it may seem at the time. 

As motorcycle riders are susceptible to injuries with lasting effects, they may be faced with injuries and conditions that would require extensive medical care and rehabilitation services. These costs can quickly cause financial strain on victims, which is why it is important to get help from an experienced attorney who can get their medical costs covered, especially if the victim has suffered any of the following injuries. 

Traumatic Brain Injury 

A traumatic brain injury occurs when the head is struck violently or when the brain is deprived of oxygen for an extended period of time. Symptoms of TBI can range from mild headaches to paralysis, but some of the most common symptoms victims may experience are memory loss, loss of basic motor skills and difficulty concentrating or other cognitive impairments. While the severity of the injury will vary, the associated costs of treating a traumatic brain injury tends to be very costly. 

Spinal Cord Damage

Spinal cord damage can be especially catastrophic due to its potential to cause paralysis or other permanent disabilities. The vertebrae in the spine protect the delicate nerves that allow us to move our arms and legs; when they are damaged, there can be serious consequences including quadriplegia or paraplegia depending on where the spinal cord was injured. Due to the spine’s limited ability to absorb impact, the chances of suffering long term spinal cord damage is very high. 

Broken Bones

Broken bones are common in motorcycle accidents, particularly when riders are thrown from their bikes during a collision with another vehicle or an object such as a guardrail or tree. Broken bones require medical intervention, often involving surgery and a lengthy recovery process. In some cases, victims may permanently lose mobility due to bone fractures that do not heal properly or require extensive rehabilitation therapy.

Road Rush & Muscle Strains

Road rash is a type of abrasion that involves the skin being scraped off as it rubs against asphalt or concrete at high speeds; it can result in scarring and infection if not treated promptly by a doctor. Also, soft tissue injuries such as muscle strains and whiplash may also occur due to sudden jerking motions associated with impact during an accident. While these injuries are some of the most minor compared to brain and spinal cord injuries, they can also be a huge inconvenience and can potentially become worse if not treated correctly.  

Why You Need A Trusted California Motorcycle Lawyer

Motorcycle accidents are tragic events that often result in more serious harm to the motorcyclist than to any other party involved. An experienced motorcycle accident lawyer understands the vulnerability and exposure motorcyclists face in motorcycle accident cases. These vulnerabilities are key drivers to catastrophic or sometimes even fatal injuries in collisions.

Although it is impossible to reverse the damages caused by such accidents, injured parties may be able to seek financial compensation through civil courts and personal injury claims. For this reason alone, victims should speak to an experienced personal injury attorney immediately after a motorcycle crash. It is crucial to choose a specialized motorcycle accident law firm to navigate the complexities of these cases and secure maximum compensation.

The Importance of Finding A Local Motorcycle Accident Lawyer In California

An attorney consulting with their client.

When you’ve been involved in a motorcycle accident, hiring a local attorney can make all the difference in navigating your case effectively. As local lawyers understand the specific laws, regulations, and court systems in your area, they can give you an edge when it comes to building a strong case. In addition to their legal knowledge, local attorneys often have connections with local experts, investigators, and resources that can be crucial to your claim.

Here are some other benefits you can get of working with a local motorcycle accident lawyer:

  • In-depth knowledge of local laws: Each city in California has its own nuances when it comes to handling motorcycle accidents. 
  • Familiarity with local courts and judges: A local attorney knows the preferences and tendencies of judges and other legal professionals in the area.
  • Accessibility and personalized service: Meeting your attorney in person can provide peace of mind and foster clear communication throughout the process.

If you’re looking for an experienced local motorcycle accident lawyer, we proudly serve clients in cities across California. Explore the links below to find help in your area:

Common Types of Motorcycle Accidents in California

A motorcycle accident where a helmet and bike are on the ground after hitting a car.

California is particularly susceptible to motorcycle accidents due to its higher-than-average population and the number of vehicles that travel on its roads. In California alone there are over 27 million motor vehicles in use on public and private roads. As a result, there are several common types of motorcycle accidents that may occur.

Lane Splitting or Lane Sharing

One of the most common causes of motorcycle accidents that can occur, many motorcyclists choose to lane split, because swerving in between two lanes of congested traffic can help them get through heavy traffic jams. However, this can be extremely risky due to the small size of motorcycles and the lack of awareness from other 4 wheeled drivers.

While lane splitting, there is a high chance of colliding with another vehicle or being hit by a car that is not expecting a motorcycle to be weaving in and out of lanes. This is because most drivers are not accustomed to sharing the road with motorcycles in this way, and may not be actively looking out for them. Although lane splitting is legal in California, it can be dangerous and lead to serious injuries if done incorrectly or recklessly.

Left-Turning Cars

According to the National Highway Traffic Safety Association, left-turn accidents account for a significant proportion of fatal motorcycle accidents. These incidents account for upwards to  35% of all motorcycle accidents. Left-turn accidents frequently occur due to drivers failing to recognize oncoming motorcycles while making a left turn. In such incidents, the turning car often strikes the motorcycle as it continues straight through the intersection.

According to the rules of the road, the rider who proceeds through an intersection or a green light has the right of way. However, despite these rules, left-turn accidents occur as the driver may simply fail to notice the motorcyclist and turn directly into them. Sometimes the driver of a vehicle waiting to make a left-hand turn may actually see an approaching motorcycle, but wrongly assume that the bike is traveling at a much slower speed than it actually is, and turn into the rider, causing a head-on collision. 

Head-On Collisions

Head-on motorcycle collisions occur when a motorcycle rider collides with another vehicle, such as a car or truck, head on – directly in front of them. These collisions can occur at high speeds and often result in severe injuries or fatalities. According to the National Highway Traffic Safety Administration (NHTSA), head-on collisions account for around 10% of all fatal motorcycle accidents. In 2019 alone, there were over 5,000 motorcycle fatalities in the United States, with head-on collisions being one of the leading causes of death. 

Blind Spots & Lane Switching

Another very most common cause of motorcycle accidents involves vehicles simply failing to check their blind spots and side mirrors before changing lanes. While this may seem like a simple correctable action, not paying attention can lead to sudden and unexpected collisions, as the motorcyclist is often left with little-to-no time to react. 

These incidents can occur at any time and are especially dangerous for motorcyclists who lack the same protection that an average car has. In addition, collisions can also be caused by a variety of factors such as:

  • Distracted drivers
  • Speeding
  • Drunk drivers
  • Aggressive drivers
  • Poor weather conditions
  • Failure to Yield
  • Motorcycle manufacturing defects 

As such, all motorists should remain vigilant and be aware of their surroundings while on the road. This includes regularly checking blind spots and mirrors, signaling properly, and being mindful of other vehicles, particularly motorcycles. Additionally, when pursuing damages from a negligent driver, having a reputable motorcycle accident lawyer on your team can be extremely helpful.

Steps to Take After a Motorcycle Accident

If you are involved in a motorcycle accident, taking immediate action is crucial for your safety and legal protection. First and foremost, report the accident to the authorities. This ensures that an official record is created, which can be vital for any subsequent motorcycle accident claims. In addition, first responders will arrive on the scene and take control of the situation if the accident is severe.

Secondly, exchange information with the other parties involved, including names, addresses, phone numbers, and insurance details. It’s also important to document the accident scene by taking photos of any damage to vehicles or property and noting the contact information of any witnesses.

Once you have documented and gathered evidence of the accident, it is vital to notify your insurance company about the accident as soon as possible to start the claims process. Taking these steps can help protect your rights and ensure you have the necessary documentation to support your motorcycle accident case. If you need further assistance, consulting with an experienced motorcycle accident lawyer can provide you with the guidance and support you need during this challenging time.

Motorcycle Accident Liability in California

A motorcycle crash scene with a car.

One or more parties will be held liable for a motorcycle accident if they are found to have committed negligent actions. In order to acquire recoverable compensation, the plaintiff is required to show proof that the defendant was negligent

Negligent drivers are often found as the main cause of a motor vehicle accident, including motorcycle accidents, because it encompasses a wide range of reckless behaviors. For instance, speeding, drowsy driving, DUI, and failing to obey traffic laws are all common instances of negligent driving, because drivers believe they won’t get into an accident. 

However, negligent drivers are not the only ones who can be found at-fault for causing a motorcycle accident. Third parties such as auto dealerships, maintenance technicians, other drivers, and even motorcycle manufacturers can potentially be guilty parties if the accident in question was caused by an external factor. 

In addition, poor road conditions may also be a main factor in a motorcycle accident, especially if the roads have not been properly constructed to make it possible for drivers and riders to safely use. Whether it is a missing sign, potholes, crack pavements, or unsecured road construction zones, the government agencies have full responsibility in ensuring that all roads are safely accessible for the public to use. Those who fail to meet these obligations can be held accountable for damages.

Recoverable Damages in a California Motorcycle Accident

If you were involved in a motorcycle accident, you may be entitled to pursue legal actions against the party at-fault for damages. To ensure all of your losses are taken into consideration, your California motorcycle accident attorney will divide your damages into two categories: economic damages and non-economic damages.

Economic Damages

Economic damages are calculable financial losses that can be determined for a specific sum. It is designed to compensate victims for any unexpected financial costs that have accrued due to the accident in question. Some of the most common types of economic damages awarded in motorcycle accident claims include medical bills, lost wages, property damage, and loss of earning capacity.

Non-Economic Damages

Non-economic damages are incalculable losses that are subjective by nature and do not have a monetary value. Your California motorcycle accident attorney will need to measure these accordingly in order for an accident victim to recover non-economic damages. Common types of non-economic damages you may likely obtain include emotional distress, loss of consortium, loss of enjoyment of life, and pain and suffering.

Punitive Damages

Victims of a motorcycle accident may also be entitled to receive punitive damages if the accident was very severe. Punitive damages are granted on top of compensatory damages to punish the defendant for committing negligent or malicious behavior. Generally, punitive damages are rare and may only be awarded at the court’s discretion.

How Long After a Motor Accident Can You Claim?

In California, the statute of limitations for personal injury claims relating to motor vehicle accidents is two years from the date of the accident as per California Civil Code 335.1. There are very few exceptions that allow the victim more time to file a claim, but California follows what is known as a “discovery rule” which allows for additional time if it can be proven that the injured party was unaware of their injury until some point during or after this time frame. 

Regarding motorcycle accidents, this may include injuries that were not immediately apparent and only started to cause pain or other symptoms at a later date. There are also certain exceptions that apply only to minors who have been injured in an accident. If they are under 18 years old when they suffered an injury due to a motor vehicle accident, they will have up until their 20th birthday to file a claim against any negligent parties involved in causing the crash. 

Note, this is only if the legal parent or guardian did not file a claim on behalf of the minor. This rule allows children to file their own claim at a later date, after they reach the legal age of adulthood, instead of relying on their parent or guardian to file on their behalf.

How Much Do Motorcycle Accident Lawyers Charge in California?

Two lawyers going to shake hands for an agreement.

The cost of hiring a motorcycle accident lawyer in California can vary significantly depending on several factors of each case. Most personal injury attorneys work on a contingency fee basis, meaning that they do not collect payment until the case is settled or won. In many cases, this method allows for clients to get excellent legal representation at a low cost or even no cost if their claim is unsuccessful. 

Other attorneys may charge at an hourly rate, but this is rare when dealing with most personal injury cases. There may be other costs associated with motorcycle accidents such as court filing fees, expert witness fees, and other related expenses but these are generally covered by the contingency fee agreement as well.

A qualified motorcycle accident lawyer can offer counsel on what type of settlement might be reasonable and provide guidance throughout the process so that you have peace of mind knowing your case is being handled correctly.

How Much is a Motorcycle Accident Claim Worth in California?

The majority value of a motorcycle accident claim depends on who is found to be at fault for the accident. If the other party is fully liable for the accident, you may be able to recover the full value of your damages. However, if you are found to be even partially at fault for the accident, your damages may be reduced. 

With that in mind, hiring a reputable California motorcycle accident lawyer becomes imperative when handling your personal injury case. Handling claims without legal assistance can result in missteps, leading to smaller payouts for clients and less than favorable outcomes. 

What if I Am Partially at Fault for the Motorcycle Accident in California?

California is a comparative negligence state, which means that fault can be divided among multiple parties involved in an accident. Comparative negligence allows for a fairer allocation of damages based on each party’s level of fault. This can become trickier when multiple parties are involved in an accident, such as pile ups or multi vehicle accidents. This also comes into play if one party was at more fault than the other. 

Therefore, determining partial fault can be difficult in motorcycle accidents and may involve many factors. 

These factors can include: 

  • Speed of the vehicles
  • Actions of the drivers
  • Road conditions
  • Weather conditions 

When it comes to insurance claims, your compensation may be reduced based on your level of fault. For example, if you are 50% at fault for an accident, you may only receive 50% of the damages you are entitled to. If you decide to file a lawsuit, your level of fault may be taken into consideration. A judge or jury may assign a percentage of fault to each party involved in the accident, which can affect the amount of compensation you receive.

Even If you are partially at fault for a motorcycle accident, it is essential to take the right steps to protect yourself legally. The first thing you should do is contact a motorcycle accident lawyer to advise you on your rights and help you navigate through the legal process.

West Coast Trial Lawyers Will Fight For Your Rights

A row of attorneys from West Coast Trial Lawyers.

We take great pride in standing up for those who have been wronged due to someone else’s negligence or recklessness on the road. WCTL guarantees our clients an extraordinary level of communication and professionalism. Whether you have been injured or lost a family member in a motorcycle collision, you can depend on our team of skilled attorneys to fight for your rights and get you the justice you deserve.

If you’ve been injured by someone else’s negligence or deliberate wrongdoing, you have the right to hold them accountable for your losses. Our California motorcycle accident attorneys are committed to securing the compensation you deserve, helping you rebuild your life and face the future with confidence.

Contact us today by calling (213) 927-3700 or filling out our quick contact form to schedule a free consultation.

Frequently Asked Questions About Motorcycle Accidents

How Long Do I Have to File a Motorcycle Accident Claim in California?

In California, you generally have two years from the date of the accident to file a claim as per California Civil Code 335.1.

What if I Was Partially at Fault for the Accident?

California uses a comparative negligence system, which means that your damages may be reduced if you are found to be partially at fault for the accident.

How Much Can I Recover for My Motorcycle Accident Claim?

The value of a motorcycle accident claim depends on various factors, including the severity of the injuries, the amount of property damage, and the at-fault party’s insurance policy limits.

What if the Other Driver Does Not Have Insurance?

If the other driver does not have insurance, you may be able to recover damages through your own uninsured motorist coverage.

What if I Was Not Wearing a Helmet at the Time of the Accident?

California requires all motorcycle riders and passengers to wear helmets. If you were not wearing a helmet at the time of the accident, your damages may be reduced.

Is It Worth It to Hire an Attorney if I Am Partially at Fault?

Yes, it is still worth it to hire an attorney if you are partially at fault for a motorcycle accident. They can help protect your rights and ensure fair compensation, even if you are partially at fault

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