Motorcycle Accident Attorney
Injured in a motorcycle accident? Get experienced help in dealing with the complexities of your case with a motorcycle accident lawyer from Heidari law Group.
Motorcycle Accident Lawyer
If you’ve been injured in a motorcycle accident caused by the negligent actions of another driver, you need the help of an experienced team of attorneys. Heidari Law Group is here to help you get compensation for the injustice that you’ve suffered.
Motorcycle Accidents are Commonly Caused by:
- Inattentive Drivers / Other Vehicles – Motorcycles are much smaller than many other types of vehicles, so they can be harder for other drivers to spot. Many accidents are caused each year because a driver failed to see the motorcyclist in their blind spot. If a driver causes an accident because they failed to see the motorcycle around them, then they may be responsible for negligence & their insurance provider may owe the motorcycle rider compensation for the damages suffered. These types of motorcycle accident cases happen every day, and many of them are caused by speeding, drunk, or distracted drivers. Using a phone while driving is a crime in itself in many states, but hitting a motorcycle on top of this falls under the category of negligence.
- Road & Weather Conditions – Potholes and heavy wind create much more dangerous conditions for motorcycles than for cars. If your accident was caused by failure to maintain proper road conditions, such as in cases where debris, plant clippings, rubble, gravel, or another roadway defect are left on the road, then your local or state government may be responsible for negligence.
- Vehicle / Mechanical Failure – Tire blowouts, electrical issues, or brake failure are mechanical issues that can lead to motorcycle accidents with devastating consequences for the rider. The motorcycle manufacturer who left the defect in the design or the mechanic who failed to ensure that the vehicle was in working order may be able to be held responsible for the damages caused by the motorcycle accident.
Other causes of motorcycle accidents can include:
- Rider inexperience
- Riding under the influence of drugs or alcohol
- Lane splitting
- Reckless driving such as weaving in and out of traffic
- Distracted riding, such as texting or talking on the phone while driving
Fault in California Motorcycle Accidents
California is a partial-fault state where both parties involved can be held partially liable if they are deemed to have both contributed to the accident. The degree to which each party is liable is determined by the percentage of fault for which they are deemed to be responsible. This can be a complex determination, and there’s a good chance that not all parties will agree with the outcome.
When it comes to motorcycle accidents that occur when a motorcyclist is lane splitting in California, the rider is typically only held at fault when it can be proven that they were driving at reckless speeds for the state of the traffic. Unfortunately, the determination of fault in lane splitting accidents may not be so simple as the topic is hotly contested by motorists, lawmakers, and motorcyclists alike.
Compensation for Damages from Motorcycle Injuries
If another driver is found to be at fault for causing a motorcycle accident, the motorcycle may be entitled to recover financial compensation for various damages including:
- Current & future medical expenses
- Repair costs for damage caused to the motorcycle
- Legal fees paid for the lawsuit
- Pain and suffering
- Emotional trauma
- Loss in quality of life or loss in companionship
- Disability-related costs, if there are any
- Loss of income or loss of employment
- Punitive damages
- Rental car fees, if there are any
In general, the more severe that the injuries are resulting from the motorcycle accident, the larger settlement a motorcyclist can receive. An experienced motorcycle accident attorney can help to ensure that you get the full compensation that you are entitled to.
California Statute of Limitations in Motorcycle Accidents
Motorcyclists that suffer injuries from a motorcycle accident have a total of two years from within the date of the collision or from the discovery of the injury(s) to file a lawsuit to recover compensation for the damages suffered. The sooner the lawsuit is filed, the better as information such as police reports and other evidence are more readily available closer to the time of the motorcycle accident.
Common Injuries from Motorcycle Accidents
Riders involved in motorcycle accidents are often met with serious, life-ending, or permanent injuries. Since motorcyclists have little to no protection, impacting the road or another vehicle at high speed can result in catastrophic injuries for the rider.
- Crushed limbs, some requiring amputation
- Traumatic brain injuries
- Spinal cord injuries or permanent paralysis
- Road rash
- Physical scarring
- Broken bone injuries
- Serious burn injuries
- Internal bleeding
- Permanent organ damage or organ failure
- Skull fractures
- Lower & upper extremity injuries
- Catastrophic injuries including death
California Helmet Laws
Are motorcycle riders required to wear helmets in California? Yes, at all times. Helmets offer a relatively effective form of protection against death and serious head injuries, reducing the rate at which motorcyclists encounter these types of injuries by nearly 30% according to statistics from the National Highway Traffic Safety Administration (NHTSA). Even with a helmet, hundreds of motorcyclists die on California roads and highways each year.
What should you do after a Motorcycle Accident?
Getting into a motorcycle accident can be one of the most frightening things a person can go through. The first thing that happens is a complete shock to the body. You may or may not know what has happened, and the last thing on your mind is to file paperwork. Your health and well being is certainly the most important item on the priority list.
Here are just a few steps you should follow right after getting into a motorcycle accident:
- Your safety is of the utmost priority. Make sure that you are well aware of your surroundings and understand what is happening. The worst thing that can happen is that you immediately get up after the accident and not understand the severity of it. Make sure you get out of the danger zone, which could be considered the middle of the street right after the accident. Just make sure you and anyone else that was affected is safe.
- Have someone call 911 and get paramedics to you if need be. Do not try to be “tough,” your life is on the line and it is extremely important that you care for it. The medical personnel is happy to be of service.
- It is advised that you not remove any type of equipment, including your helmet, gear, or any other pads. The reason being is because important parts of your body need to stay protected (i.e. spine, neck, etc.).
- Stay calm and find the right person to help you. If you are in need of immediate assistance and are confused about what to do or who to turn to, you should call an experienced motorcycle accident attorney.
Why contact a Motorcycle Accident Attorney?
Living in California or Nevada, you may find yourself riding dangerous highways and crowded streets in the city. On average, a motorcycle accident lawyer can help you recover substantially more from a personal injury case than without one.
There are many reasons why you should contact a Motorcycle Accident Attorney after getting into an accident. Here are just a few:
- Dealing with an accident on your own is stressful. From working out the details of insurance to fighting with the person that hit you can place a huge toll on your well-being. Finding the right experienced motorcycle accident attorney can be the solution you’ve been looking for.
- Most of the time, insurance companies can play a heavy role in deciding what the financial outcome is after an accident. There are times when the insurance company does not have your best interest in mind. It is important to find the right Motorcycle Accident Attorney who truly has cares.
- If for any reason, the accident should be blamed on you, even if it is not necessarily your fault, you would be dealing with many different variables on your own. This can be quite confusing during this time, and you may not make the right decision. Finding an experienced motorcycle accident attorney can help make a difference.
Evidence That Can Help Build Your Case After a Motorcycle Accident
Pieces of evidence that are important to gather up before filing a personal injury case after a motorcycle accident may include:
- Photos of injuries suffered during the crash, both immediately after and later down the line
- Eyewitness statements
- The report filed by the police after the accident
- The motorcycle helmet was worn during the accident
- Photos of the wrecked motorcycle after the collision
- Cell phone records of the driver who collided with the motorcycle
- Any available footage from nearby drivers, store cameras, or road cameras
Don’t Wait to Get Help
Experienced motorcycle accident attorneys are ready to hear your case today. Grappling with the wrong law firm, during a time when you need the right counseling, can just add more stress to your plate after suffering through a life-changing motorcycle accident. Contact a seasoned motorcycle accident lawyer at Heidari Law Group for a free case evaluation & get the legal representation you deserve.