Legal Help for Motorcycle Accident Victims in California
If you have been injured in a motorcycle accident, we can help. At The
Law Office of Barry J. Simon, we represent people who have suffered serious
injuries in motorcycle accidents caused by the negligence of others. To
schedule a free consultation, in California
call (310) 578-5883 or (877) 733-4393 or (775) 853-8041 to contact us in Nevada.
Attorney Barry J. Simon has more than 28 years of experience in personal
injury cases. He has helped thousands of injured people throughout his
career and he has a reputation for providing compassionate legal service.
He is a skilled trial lawyer.
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Southern California
Law Office of Barry J. Simon,
25500 Hawthorne Bl. Suite 1145,
Torrance, CA 90505
(310) 578-5883 or
(877) 733-4393
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Northern California
Law Office of Barry J. Simon
11448
Deerfield Dr., Suite 2, #155,
Truckee, CA 96161
(877) 733-4393 or
(775) 853-8041
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Northern Nevada
Law Office of Barry J. Simon
10580 N. McCarran Blvd., # 115 – 144,
Reno, NV 89523
(775)
853-8041
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Our law firm represents clients Nationwide including, but not limited to
Northern California areas such as Sacramento,
Chico, Concord,
Davis, Fairfield,
Fremont, Hayward,
Lodi, Manteca,
Modesto, Napa,
Paradise, Roseville,
San Francisco, Santa
Rosa, Tracy,
Vacaville, Vallejo,
Woodland, and Yuba
City. We also serve the Southern
California areas of Los Angeles
and San Diego. Our firm serves
all of Alameda County,
Alpine County, Amador County,
Butte County,
Calaveras County,
Colusa County,
Contra Costa
County, El
Dorado County,
Glenn County,
Lake County,
Los Angeles County,
Napa County,
Orange County,
Placer County,
Plumas County,
Sacramento County,
San Diego County,
San Francisco County,
San Joaquin County,
Sierra County,
Solano County,
Sonoma County,
Sutter County,
and Yuba County.
We also represent people injured on Interstates such as I-5, I-15, I-80,
I-405 and I-580.
Motorcycle riders are in a unique position on the road. They enjoy the
freedoms that come with their chosen form of transportation, but they are
also left exposed to dangers not faced by automobile drivers and other
motorists. The lack of any substantial protective barriers between a
motorcycle and the road, as well as the difficulty that motorists may
experience in anticipating and seeing a motorcycle, leave riders prone to
serious injury in the event of an accident. Motorcycle riders, therefore,
must be aware of their legal rights and remedies if they are involved in a
traffic accident.
The insurance laws in your state may be very different with respect to
motorcycles versus automobiles; consequently, it is very important to
consult with an attorney regarding the applicable laws in your state. An
attorney experienced in handling motorcycle-related claims will be able to
advise you.
The Risks of the Road for Motorcycle Riders
The risks that motorcycle riders face, and the need to protect their
rights of recovery after an accident, become readily apparent through a
review of the following statistics:
- In two-thirds of motorcycle
accidents involving another vehicle, the driver of the other vehicle
violated the motorcycle's right of way and caused the accident.
- Motorcyclists are about 26
times more likely to die in a crash than someone riding in a passenger
car, and are 5 times as likely to be injured.
Some of the unique problems faced by motorcycle riders on the road
include:
- Visual Recognition:
Motorcycles are smaller and more likely to be obscured by other
vehicles or road and weather conditions. This is an issue especially
at intersections, where approximately 70 percent of motorcycle-vehicle
collisions occur.
- Road Hazards: Hazards that
are minor irritations for an automobile can be a major hazard for a
motorcycle rider. These include potholes, oil slicks, puddles, debris,
or other objects on the roadway, ruts, uneven pavement, and railroad
tracks.
- Speed "Wobble"
Accidents: Especially at higher speeds, the front end of a motorcycle
may become unstable and begin to shake or "wobble." This
problem may be due to a misalignment of the front and rear tires of
the motorcycle. If an accident is caused by such a high-speed wobble,
the manufacturer of the motorcycle might be held financially
responsible for any resulting injuries, under a product liability
theory.
- Riding Skills &
Familiarity: A motorcycle requires much more skill and physical
coordination than a car. Many motorcycle accidents are caused in whole
or in part by a rider's lack of basic riding skills, or failure to
appreciate the inherent operating characteristics and limitations of
the motorcycle.
Determining Legal Responsibility for a Motorcycle
Accident
Motorcycle accidents, like all traffic accidents, generally happen
because someone was careless -- or "negligent." The law applies a
basic rule: If one person involved in an accident was less careful than
another, the less careful one must pay for at least a portion of the
damages suffered by the more careful one. Legal responsibility, or
"liability," for almost all accidents is determined by this rule,
and by one or more of the following simple propositions:
- If the injured person was
also careless, such as through the failure to observe certain traffic
laws, his or her compensation may be reduced by the extent such
carelessness caused the accident. This is known as "comparative
negligence."
- If a negligent person
causes an accident while working for someone else, his or her employer
may also be legally responsible for the accident. This issue can
arise, for example, when a delivery van strikes a motorcycle.
When More Than One Person is at Fault
If there was more than one person responsible for a traffic accident in
which you were injured, the law in most states provides that any one of the
careless parties can be held responsible for compensating you fully for
your injuries. The responsible parties must then resolve among themselves
whether one should pay a greater share of the damages, due to his or her
greater share of fault in causing the accident.
This rule allowing an injured party to collect from any responsible
person provides some important advantages. If one liable person is insured
and another is not, the injured party can make a claim against the insured
person for the full amount of his or her damages. And, even if multiple
responsible parties are insured, the injured party can settle his or her
claim with only one insurance company. Thus, initially, it is wise to
notify everyone who might be responsible for an accident that you may file
a claim for damages. Then, depending on what is discovered about how the
accident happened, you can pursue a claim against only one party.
How Your Own Carelessness May Affect Your Claim
Even if you were careless and are partly to blame for an accident, in
most states you can still get at least some compensation from anyone else
who was also careless and partly responsible for the accident. The amount
of the other person's liability for the accident is determined by comparing
his or her carelessness with your own. That party's portion of liability
determines the percentage of the resulting damages he or she must pay. This
rule of comparing fault is known as "comparative negligence."
Comparative negligence is applied in three slightly different ways,
depending on the state where the accident occurred. The more generous
states allow you to recover compensation for your injuries in an amount
based on the other person's fault, no matter how great your own fault was.
Most states, however, use a slightly more restrictive rule, under which you
can't recover anything if your own carelessness was 50% or more responsible
for the accident. Finally, a few states don't allow you to recover any
compensation at all if your fault is any more than "slight"
compared to the fault of the others involved, or if your own carelessness
contributed in any way to the accident.
There is no formula for arriving at a precise number for a person's
comparative negligence. During negotiations, your attorney and an insurance
adjuster will discuss all of the factors that might have caused the
accident. Then, the question of your own carelessness will be considered,
along with all the other factors that determine how much your claim is
worth -- such as the seriousness of your injuries and the amount of your
medical bills.
Defective Motorcycle Design or Manufacture
Motorcycles lack crashworthiness and occupant protection. Unlike a car,
a motorcycle is lightweight; it has no door, no roof, no airbags, and no
safety belts. A motorcycle is less stable than a car because it only has
two wheels. Although several factors can contribute to a motorcycle
accident, especially operator inexperience and failure to appreciate the
limitations of a motorcycle, a defect in a motorcycle's design or
manufacture should be considered as a potential cause of an accident, especially
one where only the motorcycle driver is involved. An experienced personal
injury attorney will be familiar with any relevant product liability issues
and, potentially, recalls of certain motorcycle models, and can help
determine whether you have a claim against the motorcycle manufacturer.
Protecting Your Rights & Pursuing a Claim for
Motorcycle Accident Injuries
If you have been injured in a motorcycle accident, there are a number of
things you can do to protect yourself and preserve your right to recovery,
even prior to consulting with an attorney:
- Stay at the accident scene.
It is important to remain at the scene of the accident. Stay at least
long enough to give your name and address to a police officer or the
other driver. Leaving the scene before doing this could subject you to
criminal penalties.
- Don't make definitive
statements. Tell the police officer at the scene any relevant facts
about the accident, but do not make any statements assessing or
accepting blame for the accident. Also, try not to make any firm
statements regarding the state of your health, because health
repercussions may arise later. If asked, stating that you are unsure
whether you are injured is perfectly acceptable. Be cooperative with
law enforcement officials, but do not sign any unnecessary documents
or take any action that might affect your right to recovery.
- Gather information from
other drivers and witnesses. Because not all witnesses to your
accident are going to wait for the police to arrive, try to get their
names and phone numbers before they leave the scene. Collect from any
driver involved the following information: Name, address, telephone
number, driver's license number, insurance company, policy number,
make and model of vehicle and license plate number.
- Take photographs. If
possible, take pictures of the accident scene to record evidence that
may soon disappear. Preserve any evidence related to your damages by
taking photographs of your injuries, and of damage to your motorcycle
or other property.
- Get medical attention and
keep records. If you believe you may have sustained any physical
injury, seek medical assistance immediately. The day after a
motorcycle accident, you may feel pain that you weren't aware of
immediately following the accident. The sooner you see a doctor after
an accident, the more seriously your medical claims will be taken.
Hold on to any records and bills related to treatment you receive.
Your attorney will also be able to obtain medical records and billing
information on your behalf.
- Track your expenses. Keep
track of any expenses related to your accident and recovery. These can
include motorcycle repair expenses, rental vehicle expenses, and time
missed from work.
Your next consideration should be to find an attorney to help you evaluate
the potential success and value of your claim.
Finding an Attorney
If you or a loved one has been injured in an accident while riding a
motorcycle, the most important step in your financial recovery is to meet
with a skilled attorney to discuss your situation. Issues in your potential
claim, including compliance with traffic laws, motor vehicle regulations,
medical treatment issues, and liability determinations, all require the
expertise of an attorney who is experienced in the area of motorcycle and
motor vehicle accident liability. In light of legal deadlines for filing
injury claims, talking with an attorney to evaluate your case as soon as
possible is highly recommended. Contact attorney Barry J. Simon for a free consultation
in California (877) 733-4393 (310) 578-5883 or in Northern
Nevada (775) 853-8041 or email at bsimon4370@aol.com
Some content reproduced with permission of Nolo,
Inc., Copyright © 2002
Copyright © 2007 Law Office of Barry J. Simon
DISCLAIMER: This site and any information contained herein are intended
for informational purposes only and should not be construed as legal
advice. Seek competent legal counsel for advice on any legal matter.
