Motorcycle riders are very likely to suffer severe injuries in an accident. Motorcyclists, unlike car and truck occupants, have very little protection surrounding them. If a collision causes a motorcyclist to lose their balance and fall, they may sustain severe injuries, including broken bones and traumatic head injuries. In some situations, a motorcyclist may even suffer fatal injuries in a severe crash.
Many motorcycle riders must undergo costly and prolonged medical procedures to fix their injuries following an accident. It may also cause the injured cyclist to experience ongoing pain, sometimes for the rest of their lives. Many motorcyclists have some type of disability from their accident-related injuries.
If you recently sustained injuries in a motorcycle crash that a negligent driver caused, you should seek experienced legal counsel to help you with your case as quickly as possible. Waiting too long to obtain legal representation may jeopardize your right to monetary recovery.
A skilled Bakersfield motorcycle accident attorney can help you file a claim with the at-fault driver’s insurance company or litigate your case through the court system.
Your attorney can also represent you at all legal proceedings, including depositions, binding arbitration proceedings, and jury trials, and pursue the highest amount of monetary compensation available to you in your case. Getting legal representation should always be your next step after seeking medical treatment for your injuries.
Types of Motorcycle Collisions
Motorcycle accidents come in all shapes and sizes, depending upon the geographical area where the accident occurred, the roadway set up, and the negligent actions and inactions of other drivers.
- One common type of motorcycle accident is a rear-end collision. In this type of accident, the front of a vehicle hits a motorcycle’s back tire, usually because the negligent driver is operating their vehicle too fast or following the motorcycle too closely.
- Another common type of motorcycle accident is a T-bone collision. In this accident scenario, the front of a vehicle hits the side of a motorcycle, usually because the negligent driver fails to yield the right-of-way to the cyclist at a traffic intersection. If this type of accident happens with significant enough force, the motorcycle may overturn, causing the rider to sustain serious injuries.
- Other common motorcycle accidents are head-on collisions. In this accident scenario, the front of a vehicle hits the front of a motorcycle. When these accidents happen with significant enough force, fatal injuries may occur.
- Finally, some motorcycle accidents are sideswipe collisions, where the side of a vehicle hits the side of a motorcycle traveling in an adjacent lane. These accidents are common when drivers behave negligently or recklessly during busy highway conditions.
If you suffered physical injuries in one of these motorcycle crashes that a negligent driver caused, you should seek the legal help you need immediately. Your motorcycle accident attorney can investigate your accident scenario and provide you with thoughtful, result-oriented legal representation.
Your lawyer can even retain an accident reconstructionist to investigate the circumstances of your accident and determine who was at fault. Your lawyer can help you file a claim with the at-fault party’s insurance company or with your own insurance company if the at-fault driver lacks available insurance coverage.
Common Reasons Motorcycle Crashes Happen
Motorcycle accidents frequently happen when other drivers commit negligent and reckless acts. In some situations, another driver might engage in road rage by exhibiting various reckless driving maneuvers.
For example, they might negligently tailgate or attempt to pass a motorcyclist in a no-passing zone. Alternatively, they may cut off a motorcycle in traffic to try to get ahead of the motorcycle. As a result of these reckless driving maneuvers, the other driver may inadvertently cause a crash that leaves the motorcyclist injured or dead.
Motorcycle accidents can also happen when drivers violate standard rules and procedures. For example, they might speed, fail to use their turn signal when switching lanes, or run a stop sign or red traffic light, negligently causing their vehicle to hit a motorcycle.
At other times, drivers may fail to use the safety devices on their cars, including their mirrors and backup cameras. For example, in a parking lot or garage, a driver may negligently fail to use their mirrors or backup cameras when pulling out of a parking space. As a result, they may negligently cause their vehicle to hit an oncoming motorcycle.
Motorcycle accidents can also occur when a driver behaves in a distracted or reckless manner. Instead of observing the road, a distracted driver might be looking at their cellular phone or tablet, sending a text message, combing their hair, putting on makeup, adjusting the volume on their radio, or roughhousing with a vehicle passenger.
Unfortunately, all these activities may divert a driver’s attention away from the road, preventing them from seeing a nearby motorcyclist.
Finally, some motorcycle crashes result from intoxicated vehicle operations. Despite the many warnings people receive about drunk and drugged driving, some drivers still continue to get behind the wheel of a car or truck while intoxicated.
Alcohol, in particular, can seriously degrade a driver’s ability to drive carefully and safely. For example, the driver may experience limited concentration, blurred vision, and delayed reaction time. Therefore, even if a driver observes a motorcyclist in the vicinity, their impaired vision and perception may prevent them from stopping in time to avoid a collision.
If a negligent driver recently caused your motorcycle accident, and you suffered injuries, you should get the legal help that you need right away. A skilled motorcycle accident lawyer can investigate your accident circumstances and file a claim with the responsible party’s insurance company. Your attorney can then represent you during all settlement negotiations and, if necessary, in court.
Injuries in a Motorcycle Accident
The injuries that motorcycle accident victims suffer are frequently very serious. This is because motorcyclists have minimal protection while riding their bikes except for their helmets and other gear. Moreover, if their motorcycle overturns in an accident or if they fall off their motorcycle and strike the ground, they are likely to suffer serious injuries. In this type of scenario, a motorcycle rider’s helmet can even crack, causing them to suffer a concussion or other serious head injury.
Motorcycle riders may also experience:
- Bone fractures
- Rib fractures
- Soft tissue injuries
- Road rash
- Eye injuries
- Mouth and teeth injuries
- Spinal cord damage and full or partial paralysis
- Internal organ injuries
- Crush injuries
- Death
To recover the total monetary compensation you deserve, you should obtain all the medical treatment you need for your motorcycle accident injuries. For example, you may need to undergo a medical procedure, such as a spinal cord fusion, or attend regular physical therapy sessions.
Seeking the ongoing medical treatment you need increases your chances of fully recovering from your injuries and shows insurance company representatives that your injuries are serious. Therefore, you are more likely to recover the monetary compensation you deserve in your personal injury case.
When you undergo medical treatment, your motorcycle accident attorney can start obtaining the medical records and bills necessary to prove your case. Your lawyer can also get a copy of the police report, lost income documentation, property damage photographs, and photographs of your visible injuries, such as road rash.
If you need to file a personal injury claim, your attorney can send all of these documents to the appropriate insurance company adjuster and start negotiating for settlement compensation on your behalf.
Proving Liability and Damages in a Motorcycle Accident Claim or Lawsuit
In any personal injury claim or lawsuit from a motorcycle accident, the injured cyclist has the sole legal burden of proof.
First, the injured cyclist must establish that another driver deviated from their legal duty of care in some way. All drivers have an obligation to follow traffic laws to drive in a careful, safe, and prudent manner at all times. When drivers violate traffic laws or otherwise drive carelessly and recklessly, they effectively breach their legal duty of care.
In addition, an injured motorcyclist must demonstrate that the motorcycle accident happened as a direct result of this breach. Finally, they must establish that they suffered one or more physical injuries as a direct and foreseeable result of their accident.
Satisfying this legal burden of proof in a personal injury case is sometimes an uphill battle, and insurance companies will not do you any favors when it comes to helping you satisfy your legal burden. A motorcycle accident attorney can retain one or more experts who can testify on your behalf.
First, if the insurance company is disputing liability for your accident, your lawyer can retain a qualified accident reconstructionist who can visit the accident scene, review police reports, talk to witnesses, and draft their own report stating their conclusions about how the motorcycle crash happened. An expert accident reconstructionist can also take the witness stand at trial and testify directly about their findings.
Additionally, a motorcycle accident attorney can retain one or more medical experts on your behalf. A medical expert can causally relate your claimed injuries in the motorcycle accident and establish that they are permanent, meaning they are unlikely to get better.
Motorcycle accident victims who suffer permanent injuries may experience painful symptoms and cognitive impairments for the rest of their lives.
Your attorney can help you satisfy your legal burden of proof and work to secure all the monetary compensation you need and deserve in your case.
Motorcycle Accident Monetary Damages
The total monetary damages an accident victim may recover following a motorcycle crash will vary depending on the circumstances. In general, the more severe an accident victim’s injuries and the more extensive their medical treatment, the higher the amount of monetary compensation they may recover in their case.
Motorcycle accident victims can pursue financial recovery for all their:
- Related past medical expenses
- Anticipated medical costs (i.e., if they suffered one or more permanent injuries in the accident)
- Lost earnings
- Loss of earning capacity
- Pain and suffering
- Inconvenience
- Mental anguish
- Loss of spousal consortium and companionship
- Lost quality of life
- Loss of use of a specific body part(s).
A motorcycle accident attorney can help you develop realistic financial expectations for your case and pursue the maximum amount of monetary recovery you need to fully compensate you for your losses.
Speak with a Motorcycle Accident Lawyer in Your Area Today
People can sometimes make the mistake of thinking that their accident case is simple and that they don’t require the help of an attorney. Thinking this is nearly always a mistake because insurance companies are large for-profit entities with a lot of resources and experience.
If an insurance company can find a reason not to compensate an accident victim, it won’t. The best way to prevent this is by contacting a lawyer.
Mickey Fine, Motorcycle Accident Attorney
If you recently suffered injuries in a motorcycle crash, you should seek legal help right away so that you remain eligible to recover monetary damages for your injuries.
In California, accident victims have only two years to file a lawsuit for monetary compensation, beginning on the date of their motorcycle accident. If injured motorcyclists file their lawsuits belatedly, they will no longer be eligible to recover the monetary damages they need for their injuries. Therefore, the sooner you retain a motorcycle accident attorney in your area to represent you, the better off you and your case will be.
Your attorney can immediately investigate your accident circumstances and determine your eligibility for filing a personal injury claim or a lawsuit in the California court system.
If your case moves forward, your attorney can submit the necessary documents to the insurance company, negotiate settlement compensation, or litigate your case in court.
Finally, at every stage of the process, your attorney can answer all your legal questions and help you make informed decisions to maximize your overall monetary recovery.