Motorcycle riders face a significantly increased risk of being hurt or killed compared with individuals in passenger cars.
A total of 565 motorcycle accident fatalities occurred in California in 2021, according to the California Office of Traffic Safety and many more lives were forever changed due to serious injuries resulting from crashes.
Often, riders are at risk because drivers are negligent on the roads. When this occurs, an Escondido motorcycle accident lawyer at Miller & Steele Law Firm can provide the support and legal advocacy that victims deserve.
Give us a call or contact us at (760)-439-2210 to learn about our long track record of success in injury claims and to find out how we can best help you navigate the legal process and fight for compensation for your losses.
How an Experienced Motorcycle Accident Lawyer Can Help
If you are involved in a motorcycle accident, it’s crucial that you have qualified legal representation. An experienced motorcycle accident attorney can:
- Conduct a thorough investigation to determine how the accident happened and who is at fault
- Gather evidence to establish fault
- Protect you from false allegations that you were at fault for the accident
- Mitigate any portion of fault attributed to you
- Compile proof of the value of your losses
- Handle communications with the insurance company and other parties on your behalf
- Manage legal claims and case deadlines
- Negotiate for fair compensation
Our attorneys can advise you whether it’s in your best interest to accept a settlement offer or take your case to trial when the time comes. Every step of the way, we offer sound legal advice and compassionate representation. Contact Miller & Steele Law Firm for a free, no-obligation consultation.
Common Causes of Motorcycle Accidents
Motorcycle accidents are often caused by the actions of negligent motorists who:
- Speed or misjudge the distance of an approaching motorcyclist
- Fail to keep a lookout for them and crash into them while switching lanes
- Turn in front of them without adequate space for the biker to brake to avoid a collision
- Text or engage in other forms of distracted driving
- Fail to yield the right-of-way to them
- Follow too closely and crash into the back of them
Motorcyclists are also more vulnerable to accidents because of road conditions. They can crash when there is loose gravel, wet pavement, potholes, or other malfunctions in the roadway. An experienced attorney can investigate your case and determine the party responsible for the accident.
Who Can Be Held Accountable for an Escondido Motorcycle Accident?
California Civil Code Section 1714 makes it clear that both negligent and intentional wrongdoing can result in an individual or company being held liable for harming others. As a result, when a driver is unreasonably careless on the state’s roads and a motorcycle crash occurs as a result, that driver can be made to pay damages to the victim(s).
Motorcycle riders can even recover partial compensation, even when they share parietal blame for a collision, as Li v. Yellow Cab Co., 532 P.2d 1226 (1975) established the rule that California is a comparative fault state. While other states restrict victims from suing if they bear too much of the blame for their own crash, California doesn’t do that.
Damages are reduced based on the percentage of fault attributed to the victim, under California Civil Code Section 1431.2, though. However, if a driver is even just 1% at fault for a motorcycle crash, a victim can pursue a claim to recover 1% of their damages from that careless driver.
It’s up to you to demonstrate the other driver failed to fulfill their obligations, though. As the Judicial Council of California Civil Jury Instructions explains in CACI No. 400, this requires showing the driver was less careful than a reasonable person would have been in the same circumstances and demonstrating that this carelessness was a direct result of harm.
Damages Available in a Motorcycle Accident Claim
Many motorcycle accidents lead to severe injuries. Motorcycle accident victims may suffer permanent disabilities that forever alter their lives. These injuries may include severe traumatic brain injuries, spinal cord injuries, internal organ damage, or road rash, among others. California personal injury law allows you to seek compensation for the full extent of your damages, which may provide money for:
- Medical expenses – You can recover compensation to pay for medical expenses you already incurred, as well as ongoing costs of medical care, rehabilitation, and future medical expenses.
- Lost income – You can seek compensation for wages you lost while recovering from your injuries and the reduction in your long-term earning potential.
- Property damage – A personal injury claim can provide money to repair or replace your damaged bike.
- Pain and suffering – In addition to compensation for economic losses, you can seek compensation for your physical and emotional pain and suffering.
- Disabilities and impairments – California law recognizes that your life can be negatively impacted due to personal injuries and allows you to pursue money that recognizes the detriment you experienced due to your injuries.
- Disfigurement and scarring – If your injuries left scars or disfiguring injuries, you can seek compensation for them.
An experienced lawyer can gather evidence to prove the value of your damages and fight tirelessly to help you recover fair compensation.
What Is The Statute of Limitations For Filing A Motorcycle Accident Claim?
If you or someone you love was harmed in a motorcycle collision, you should know that California has a statute of limitations and you must file your claim within the allotted time period or won’t be able to move forward, according to our Escondido personal injury attorneys.
California Code of Civil Procedure section 335.1 gives you two years to pursue your case, so you should be certain to get the legal help you need before your deadline runs out.
Call The Escondido Motorcycle Accident Attorney From Miller & Steele Law Firm
Motorcycle crash victims can recover compensation for both economic and non-financial loss, but they need an advocate to help them gather evidence, prove their case, and get a fair settlement from an insurer or a reasonable damage award after court proceedings.
The Escondido motorcycle accident attorneys at Miller & Steele Law Firm have the necessary experience and skill to get you the money you deserve. Contact our attorneys today at (760) 439-2210 to schedule your free consultation and learn about the support we can offer.