A total of 565 motorcycle riders were killed in collisions in California in 2021, according to the California Office of Traffic Safety. Many motorcycle riders also sustained serious injuries on the state’s roads.
Motorcycle riders face unique risks that drivers in passenger cars don’t, including an increased chance of being seriously hurt if a crash happens because motorcycles do not protect from impact. The injuries that result are often life-changing because of the lack of safety features on motorcycles.
The good news is that the law protects motorcyclists when injuries occur because of other drivers. If another motorist on the road is fully or partly responsible for causing a motorcycle crash, that driver may be required to cover some or all of the losses the crash victim endures.
Miller & Steele Law Firm has a long and successful track record of representing clients injured in motorcycle crashes and we are passionate about helping every client get the compensation they deserve. To learn what our Oceanside motorcycle accident lawyers can do for you, call today at (760) 439-2210 to schedule your free consultation.
How Can a Motorcycle Accident Lawyer from Miller & Steele Law Firm Help?
Motorcycle accidents can cause serious and life-threatening injuries. During this pivotal time, you must have a legal advocate on your side who can protect your interests. An Oceanside car accident attorney can help with all aspects of your case, including:
- Case evaluation – An experienced lawyer can review your case to determine if you have a viable legal claim against someone else.
- Evidence collection – After an initial evaluation, our Oceanside motorcycle accident lawyer can gather evidence related to your claim, including police reports, medical records, surveillance video, photos of the scene and your injuries, witness statements, and other evidence.
- Expert consultation – In some cases, our personal injury law firm hires independent experts to aid in your case. Accident reconstruction experts use available data to create scientific demonstrations to recreate the events involved in the accident. Medical experts explain the long-term impact of your injuries. Economic experts explain the full impact of the injuries on your livelihood.
- Negotiations with the insurance company – Your lawyer considers the short- and long-term impact of your injuries, preparing a demand package that sets out this information. We demand compensation that will fairly compensate you for these losses.
- Litigation – If you must file an Oceanside personal injury lawsuit, we file the necessary paperwork, serve the defendant, and represent your interests in court.
Our attorneys help simplify the process and handle every aspect of your legal claim so you can focus on your recovery.
Why Are Motorcycle Accidents So Dangerous?
The National Highway Traffic Safety Administration reports that 6,218 motorcyclists were killed in traffic accidents in 2022, representing 15% of all traffic fatalities that year. Between 2012 and 2021, the number of nationwide motorcycle fatalities increased by 18.9%. Based on the number of vehicle miles traveled, motorcyclists are 22 times more likely than passenger vehicle occupants to die in motor vehicle accidents and 4 times more likely to be injured.
Motorcyclists are at a greater risk of suffering injury or death on the roadway than passenger vehicle occupants due to the following factors:
- Lack of protection – Motorcycles do not have safety features that occupants of passenger vehicles have, such as a metal protective frame, seatbelts, or airbags. This increases the likelihood that they will be seriously injured or killed.
- Less visibility – Motorcyclists are less visible to other drivers because they are of a smaller size and height, making it more likely that motorcyclists will collide with them when turning or switching lanes.
- Road hazards – Small road hazards like loose gravel or potholes may be harmless to occupants of passenger vehicles but deadly for motorcyclists.
These characteristics often cause severe injuries.
Determining Fault in Motorcycle Accidents
Motorcycle accidents can happen for lots of different reasons, ranging from drivers or motorcyclists speeding and losing control of their vehicle to drivers making an unsafe left turn or not seeing the motorcycle in their blind spot.
It’s important to determine who is at fault for the collision because California follows a pure comparative fault rule. This allows victims to pursue a claim against other drivers who were even partly to blame for their accident. The pure comparative fault rule was established in a case called Li v. Yellow Cab Co., 532 P.2d 1226 (1975).
While some states prevent motorcyclists from recovering compensation if they played any role in causing the crash, or if they bore the majority of the responsibility, California doesn’t impose this restriction.
However, under California Civil Code Section 1431.2, the law does make clear that damages will be reduced based on the percentage of fault attributed to the victim. A motorcycle rider who was 60% responsible for an accident resulting in $100,000 in damages could collect $40,000 from the other driver who was partly to blame.
Of course, in order to make a successful motorcycle accident claim in any situation, a motorcyclist must show:
- The other driver was unreasonably negligent
- This negligence was the direct cause of the crash
In these and other situations, the driver who causes a motorcycle crash can be held responsible. You can pursue compensation by filing a motorcycle accident claim against the at-fault driver.
Some accidents are due to defects on the road or the motorcycle. In such cases, you may have a claim against the manufacturer or the party responsible for road maintenance.
Miller & Steele can provide invaluable assistance in gathering evidence and establishing legal arguments to show why the other driver is to blame.
How Long Do I Have To File A Claim For My Motorcycle Accident?
If you were harmed in a motorcycle crash, you need to know there’s a deadline called the statute of limitations that applies to injury claims.
Under California Code of Civil Procedure section 335.1, you are required to act within two years of an incident causing an injury or death. If you don’t, you lose your chance to force the responsible driver to pay compensation by making a damage claim.
Get The Help You Need From A Motorcycle Accident Lawyer At Miller & Steele
Miller & Steele is here and ready to help if you or someone you love was hurt in a crash. Give our Oceanside motorcycle accident lawyers a call today at (760) 439-2210 to find out more about how we can represent you.