Visalia Motorcycle Accident Lawyer

Motorcycles give a sense of freedom and excitement, but can come with some risks due to their small size and inadequate protective barriers. If a rider is involved in a collision, the outcome may often result in severe injuries compared to those in passenger vehicles. These cases can be caused by rider or driver negligence, like speeding or failing to yield the right of way.

If you were involved in a motorcycle accident, you may be given the right to pursue legal action against the at fault party. At West Coast Trial Lawyers, our Visalia motorcycle accident attorneys will help you navigate the claims process, determine fault, and seek fair compensation for the injuries and damages you incurred. We will initiate a thorough investigation, gather evidence, and work diligently to deliver favorable results.

Our legal team has over 20 years of experience handling personal injury cases and a strong track record of achieving client satisfaction. Whether through negotiation or litigation, we strive to make this process as stress-free as possible so you can focus on your recovery without added stress. 

We operate under a contingency-fee basis, meaning you do not pay unless we win. To book a FREE consultation, you can reach out to us by calling (213) 927-3700 or completing our easy online contact form.

Common Causes of Motorcycle Accidents

Motorcycle accidents can happen due to many reasons. Let’s take a look at some contributing factors in the sections below.

Speeding

Motorcyclists who travel at high speeds are likely to sustain catastrophic injuries. The force of impact will increase, making even a minor collision potentially life-threatening for riders. Performing this action can often result in miscalculation in terms of distance and speed. This can ultimately cause T-bone accidents, rear-end collisions, or unsafe lane changes given that the motorcyclist does not have enough time to respond to abrupt movements on the road.

California Vehicle Code section 22350 prohibits drivers and motorcyclists from traveling faster than is safe for current conditions, even if they are at or below the posted speed limit.

Lane Splitting

California law allows lane splitting, which is when a motorcyclist rides between lanes of slow-moving traffic. This can help lessen congestion and is typically done during rush hour. However, it does come with some serious risks. Although it is legal, it should be done safely and prudently. The California Motorcyclist Safety Program (CMSP) encourages riders to refrain from doing this when traffic is moving faster than 30 mph. If a collision happens as a result of lane splitting, liability could be shared depending on the level of negligence contributed by all parties involved.

Unsafe Lane Changes

Drivers who do not check their blind spots or fail to signal before changing to a different lane can put motorcyclists in a dangerous position. These decisions can result in the following:

• Sideswiping the motorcycle
• Forcing the motorcyclist off the road
• Cutting off the rider, causing them to suddenly brake or crash into another object

Under California Vehicle Code section 22107, drivers can only make an appropriate signal and lane change when it is done with reasonable safety. If a vehicle operator violates this regulation and causes a motorcycle crash, they can be held accountable for any resulting injuries and damages.

Left-Turn Accidents

A left-turn accident typically happens at intersections, when a driver misjudges a motorcyclist’s speed or fails to notice them entirely. In most cases, the turning driver is held liable, as California Vehicle Code section 21801 states that they must yield the right of way to oncoming traffic prior to making a left turn. But, if the motorcyclist was speeding at the time of the collision, liability can be shared.

Dooring Accident

A dooring accident happens when a driver or passenger opens a car door into the path of an oncoming motorcycle. These often happen in busy cities where riders are known to travel close to parked vehicles.

Under California Vehicle Code section 22517, it is prohibited for vehicle occupants to exit unless it is safe to do so and does not obstruct traffic flow. Ignoring this rule is particularly dangerous as it can put riders in a vulnerable position. With little to no time left to react, it can lead to a direct collision or trigger them to swerve into another lane. Either outcome can result in serious or fatal injuries.

Common Motorcycle Accident Injuries

Riders are prone to sustain serious or life-threatening injuries due to inadequate protection compared to passenger vehicles. Even at low speeds, they can suffer significant trauma, especially if they fall off or are struck by another vehicle. Below are some common motorcycle accident injuries that may occur:

• Broken bones
• Traumatic brain injuries
• Neck injuries
• Spinal cord injuries
• Internal injuries

Temporary or permanent disability may occur depending on the severity of the impact and what part of the body was heavily affected.

Proving Negligence in a Motorcycle Accident

 

To prove negligence in a motorcycle accident, you will need to demonstrate the following:

• The defendant owed you a duty of care
• The defendant breached their duty of care
• The defendant’s reckless behavior caused you to sustain an injury
• You suffered harm as a result of the motorcycle accident, like medical bills, lost wages, and emotional trauma

California also operates under the pure comparative negligence rule. This means that the accident victim can still recover compensation even if they were partially responsible. But, it will be reduced according to their percentage of fault. For instance, if you are 30 percent liable for the motorcycle crash, your settlement will be adjusted accordingly.

Determining fault is not a straightforward process, and insurance companies can often try to direct blame onto you. That is why it is crucial to establish a strong personal injury claim supported by evidence and legal guidance by a Visalia motorcycle accident lawyer.

What if I Wasn’t Wearing a Helmet?

If you were not wearing a helmet at the time of impact, it may affect your motorcycle accident claim. But, it does not automatically restrict you from recovering compensation. Under California law, all motorcyclists and passengers must wear a helmet that is in accordance with the U.S. Department of Transportation (DOT) standards.

Not having one on during a ride can be considered negligent, specifically if you suffered a head or brain injury that could have been prevented had you worn it. Given the circumstances, the other party may argue that the bodily harm you incurred was severe due to the consequences of your own actions. Keep in mind, however, that you can still obtain compensation, though your award may be reduced due to your own negligence playing a role in your injury.

What Should I Do After a Motorcycle Accident?

After a motorcycle accident, you should prioritize your safety and health. If you are able to, try to move to a safe area and contact local authorities to report the crash. Even if you feel like you are okay, be sure to get checked by a medical expert. Some injuries may gradually appear, and having documentation at hand is crucial if you are pursuing a personal injury claim.

Gathering evidence is also important. If possible, try to take photos of your injury, the accident scene, and road conditions. Be sure to gather contact, insurance, and vehicle information from all parties involved, as well as the names of any witnesses. Do not forget to request a copy of the police report and your medical records to use as support to strengthen your claim.

Try to seek legal representation from a Visalia motorcycle accident lawyer as soon as possible. They can help by doing the following:

• Protect your rights
• Negotiate with the insurance companies
• Develop a strong claim to establish fault
• Pursue fair compensation on your behalf

Wrongful Death in a Motorcycle Accident

If a loved one was killed in a motorcycle accident, a wrongful death claim can be filed against the responsible party. Under California Civil Code of Procedure 377.60, those who are given the right to pursue legal action include the following:

• Spouse or domestic partner
• Children or issue of deceased children
• Anyone entitled to the property of the decedent by intestate succession

To succeed, you will need to prove that the defendant’s negligence was the direct cause of the victim’s death. Below is a list of recoverable damages you may acquire:

• Medical bills
• Funeral and burial costs
• Loss of financial support
• Loss of consortium
• Loss of companionship

While no amount of money can compensate for the life lost, filing a wrongful death claim can give you a sense of closure and help you move forward.

What Compensation Can I Recover After a Motorcycle Crash?

After a motorcycle crash, you may be entitled to recover economic and non-economic damages, depending on the extent of your bodily harm and percentage of fault. Under rare cases, punitive damages may also be granted.

Economic Damages

Economic damages are measurable financial losses you incurred, such as:

• Hospital fees
• Lost wages
• Property damage

Non-Economic Damages

Non-economic damages refer to subjective losses, like:

• Emotional distress
• Loss of enjoyment of life
• Pain and suffering

Punitive Damages

Punitive damages are meant to punish the wrongdoer and to prevent similar behavior in the future. It is given in about 5 percent of verdicts in California. To obtain punitive damages, you will need to prove that the defendant exhibited grossly negligent or intentional conduct towards you.

Injured in a Motorcycle Accident? West Coast Trial Lawyers Is Here to Help

Motorcycle accident victims can recover damages by filing a claim against the at fault party. At West Coast Trial Lawyers, our Visalia personal injury lawyers can help establish fault, gather evidence, negotiate with insurers, and try to seek full financial recovery to ease your burdens as you begin to heal and regain stability. 

To set up a FREE consultation, you can reach out to our 24/7 legal team by calling (213) 927-3700 or filling out our convenient online contact form.

Visalia Motorcycle Accident FAQ

How Long Will It Take to Settle My Motorcycle Accident Case?

The time it will take to settle your motorcycle accident case will vary depending on certain factors, like the extent of your injury, whether the insurance company is willing to negotiate a fair offer, and the number of parties involved in the crash.

Some can take a few months, especially if it is a minor situation and liability is clear. But, it may become more difficult if severe injuries, disputed fault, and long-term medical care are involved. Considering these specific circumstances, it could take a year or more to reach a resolution.

Try not to rush the process as it can result in you accepting less than what you deserve. It may be ideal to wait until your condition has stabilized so that all costs are fully accounted for in the settlement. 

What Is the Time Limit for Filing a Motorcycle Accident Lawsuit?

In California, you will be given two years from the initial date of the motorcycle accident to file a claim. If you miss the deadline, you will lose your opportunity to acquire financial compensation regardless of how strong your case is. 

To prevent such an outcome, it is important to consult with an experienced lawyer soon after the collision. Acting quickly will help you obtain significant evidence and better your ability to prove negligence, ultimately increasing your chances at negotiating a fair settlement.

Are Motorcycle Accidents Covered by Insurance?

Motorcycle accidents can be covered by insurance. But, the extent of coverage will vary depending on what policy you have. Liability insurance, which is required in California, compensates for bodily injury and property damage you brought onto others. Other optional coverages include:

• Collision coverage: Pays for vehicle damage if you get into a crash regardless of fault
• Comprehensive coverage: Protects you against collisions caused by events other than a motor vehicle accident, like theft, fire, vandalism, and natural disasters
• Medical payments coverage: Covers medical bills for you and your passenger(s) if you suffered an injury as a result of a motorcycle crash no matter who is at fault

Although car and motorcycle insurance share some similarities, motorcycle insurance has specific features and considerations made to address certain risks and requirements associated with operating a two-wheeled vehicle.