In 2021, 565 motorcyclists lost their lives on California’s roadways, according to the California Office of Traffic Safety. Motorcycle riders face a significantly increased risk of being hurt or killed in a collision as many drivers don’t see their smaller vehicles, and their motorcycles don’t offer much protection from the force or impact of a collision.
If you or someone you love was harmed while out riding, a Carlsbad motorcycle accident lawyer at Miller & Steele Law Firm can help you fight for your right to compensation. We have over 70 years of collective experience fighting on behalf of clients and we’ll put our legal skills to work to ensure you are “made whole ” by those responsible for the harm you endured.
Give us a call or contact us at (760)-439-2210 to schedule a free consultation and learn more.
Common Motorcycle Accident Injuries
Motorcycles lack the same type of protection afforded to passenger vehicles, such as seatbelts, airbags, and a metal frame. Therefore, when a vehicle weighing thousands of pounds crashes into them, catastrophic injuries commonly result. Additionally, motorcycles are less stable than passenger vehicles, so motorcylists can fall off their bikes or be thrown from them during a collision. These factors cause many motorcyclists to suffer serious injuries such as:
- Spinal cord injuries, including paralysis
- Traumatic brain injuries
- Neck and back injuries
- Broken and dislocated bones
- Soft tissue injuries, including concussions, sprains, strains, and torn ligaments
- Internal organ damage
- Road rash and severe burns
- Amputations
- Death
Our dedicated Carlsbad motorcycle accident lawyers can connect you with medical providers to ensure your injuries are properly diagnosed and treated. Then, we can pursue compensation from the at-fault driver for the harm they caused.
Common Causes of Motorcycle Accidents
Motorcycle crashes happen for many reasons including:
- Drivers underestimate the speed a motorcycle travels
- Drivers not seeing a motorcyclist in their blind spot
- Drivers making unsafe left turns
- Distracted, drowsy, or intoxicated driving that affects a motorist’s ability to be safe on the road
In these and other situations, the driver who causes a motorcycle crash can be held responsible.
How to Make a Motorcycle Accident Claim
Most of the time, the cause of action after a motorcycle crash will arise out of negligence. California Civil Code Section 1714 establishes the rule that everyone is responsible not just for their intentional bad acts but also for “an injury occasioned to another by their want of ordinary care or skill in the management of their property or person.”
As the Judicial Council of California Civil Jury Instructions explain in CACI No. 400, a crash victim can establish a claim for damages by proving the defendant was negligent or unreasonably careless and their negligence was a substantial factor in causing the victim’s harm.
The personal injury attorneys in Carlsbad at Miller & Steele Law Firm can help motorcycle crash victims to demonstrate how driver behavior led to their accident and resulting injuries.
Motorcyclists who share blame for the crash can still pursue a claim under California’s pure comparative fault rules, which allow even victims who are largely responsible for causing an accident to still recover compensation for the portion of damages attributed to the other driver — as explained in California Civil Code Section 1431.2.
How to Prove a Motorcycle Accident Claim
California is an at-fault state for motor vehicle accidents. As such, the party determined to be at fault for an accident is responsible for paying for the damages they cause. However, to obtain this compensation, you must be able to prove how the accident happened and why the other driver is responsible.
All motorists have a legal duty to drive carefully to protect other road users. You may be able to point to some specific rule of the road that the other driver violated that caused the accident, such as driving over the posted speed limit, engaging in distractions while driving, failing to yield the right-of-way, or following too closely.
Evidence may be able to help establish the connection between this driving infraction and the accident. Our lawyers may be able to gather evidence such as:
- Accident reports
- Videos from traffic cameras, dash cams, or surveillance cameras
- Witness statements
- Photos of the accident scene
Finally, you will need to be able to prove that you suffered damages as a result of the motorcycle accident. Our attorneys can gather pay stubs, medical bills, repair estimates, and other documentation to establish these losses.
What Compensation Can I Recover in a Motorcycle Accident Lawsuit?
California accident victims can pursue compensation for the damages they suffered in the accident. Motorcycle accidents tend to result in severe injuries, so the medical expenses (past and future) can be considerable. Additionally, these injuries may cause you to miss significant time from work as you recover and attend medical appointments. You can pursue compensation for the medical expenses related to the accident, as well as your associated lost wages.
If the accident causes permanent impairments or disabilities, you can seek compensation for your long-term loss in earnings and the subjective lost quality of life. You should also be compensated for the pain and suffering you endured because of the accident. Our dedicated lawyers will fight to recover maximum compensation for you.
How Long Do I Have To File A Motorcycle Accident Claim?
A statute of limitations applies to motorcycle accident claims. Under California Code of Civil Procedure section 335.1, your claim will be time-barred and you will be unable to move forward if you don’t take action within two years from the incident. You shouldn’t hesitate to get the legal help you need to make the legal system work for you, as a lot of money could be at stake.
If a motorcycle accident results in catastrophic injury or death, it should be of interest to hire a Carlsbad wrongful death attorney that can advocate for your interests and secure the maximum compensation that you deserve.
Call Miller & Steele Law Firm To Talk To A Carlsbad Motorcycle Accident Lawyer
When you or someone you love was hurt or killed in a motorcycle crash, you need to fight for full and fair compensation for losses. Contact the Carlsbad motorcycle accident lawyers at Miller & Steele Law Firm today at (760) 439-2210 to schedule your free consultation and learn about the advocacy we can offer as you navigate the legal system to get the money you deserve.