Motorcycle Accident Lawyer

Motorcycle accidents could be scary and terrifying, not only for the victim but also the victim’s family members. If you or someone you know has been injured in a motorcycle accident caused by another party, you may have the right to hold the negligent party responsible under California and Nevada law.

Our attorneys are available to help every step of the way as we hold the negligent parties accountable for their actions. We have decades of experience holding vehicle drivers responsible for a motorcyclist’s injuries.

Unfortunately, many people think that whenever there is a motorcycle and vehicle accident, the one driving the motorcycle was automatically at fault. But, this is not the case. Each motorcycle accident differs depending on the circumstances. Our attorneys will review your case in depth and investigate all the facts to make sure that we build a strong case for you.

What causes Motorcycle Accidents?

  • 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
  • Speeding
  • Riding under the influence of drugs or alcohol
  • Tailgating
  • Lane splitting
  • Reckless driving such as weaving in and out of traffic
  • Distracted riding, such as texting or talking on the phone while driving

What If I Was Also at Fault for Causing My Motorcycle Accident?

California is a comparative fault state where a person could still get compensated in the event they were partially responsible for their injuries. In fact, both parties involved can be held partially liable if they are deemed to have both contributed to the accident. 

That is why having an experienced attorney look into the motorcycle accident and determine the responsible parties is a very crucial step in the lawsuit process.

Each person’s liability is determined by a percentage. This percentage determines the amount of compensation that the party could receive.

For example, if the motorcyclist was lane splitting and was responsible for his accident at 20%, the motorcyclist could still recover the compensation (the 80% of it) from the other responsible party.

Motorcycle Accident Compensation

There are different types of compensation that a motorcycle accident victim could hold the other party responsible for. Some examples include:

  • 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.

When Should I File My Motorcycle Accident Lawsuit in California? 

Motorcyclists that have been involved in an accident and suffered injuries have a total of two years from the date of the collision or from the discovery of the injury(s) to file a lawsuit against the responsible party to recover compensation for the damages suffered. 

But, the sooner the lawsuit is filed, the easier it is to collect information and piece together the cause of the accident.  

Who could be held responsible for my motorcycle accident?

  • Drivers
  • Government entities
  • Pedestrians
  • Motorcycle manufacturer

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.

Do I Have to Wear a Helmet to Ride a Motorcycle?

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). 

What should you do after a Motorcycle Accident?

Below are some steps our attorneys recommend that you take after being involved in 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 are 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 that 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.

What Type of Evidence Do I Need for My Motorcycle Accident?

There are various different types of evidence that will help build your motorcycle lawsuit. Our attorneys will get started on collecting these key pieces of evidence as soon as possible.

  • 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

Call Us Today

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.