Injured in a Motorcycle Accident? As Your Personal Injury Attorney, We will help you seek full and fair compensation.
Riding a motorcycle may seem convenient for those who desire a more immediate sense of the open road and the freedom they may feel that comes accomodating when compared to driving a car. Being stuck in traffic is not fun and there is a segment of people that are willing to take on the risks associated with being involved in a motorcycle accident.
With that said, it’s apparent that riding a motorcycle offers a greater potential for injury. Compared to vehicle occupants, motorcyclists are much more likely to be seriously hurt or killed in the event of an accident.
The injuries suffered in motorcycle accidents can be life-changing. Frequently, leaving victims with brain injuries, spinal cord injuries, scarring, disfigurement, and some form of temporary or permanent disability. There are dozens of motorcyclist fatalities every year in California. When motorcycle accidents are not fatal, they are often classified as severe. This means the injured party requires emergency medical attention. It may mean they need one or more life-saving surgeries. These conditions can result in staggering medical bills and an extended period of time of disability and lost wages.
Why Should You Choose The Law Offices Of Barry J. Simon After You Were Injured in a Motorcycle Accident?
As a California based Personal Injury Attorney, Barry J. Simon works hand in hand with clients to ensure the best possible outcome of each case on an individual level.
- Over 40+ years of experience
- Millions of dollars won and recovered in settlements and verdicts
- A diverse portfolio of case types and clients served
- Strong support and client services
- Competitive Success Rate
Don't Worry, We Can Evaluate Your Case for Free!
We Understand how painful, stressful, uncertain, and time-consuming a personal injury can be. Now that the next best step for you is to find the proper legal solution in order to maximize the compensation you may be entitled to. Let us ensure you that there won’t be any large upfront fees to find out whether or not you could be entitled to compensation for your injuries.
What to do when you are injured in a motorcycle accident:
1. Obtain any necessary medical attention
Your health and safety and anyone else involved in the motorcycle accident are the most important. Seek medical attention right away for any injuries. If you are injured in an auto or car accident, it is prudent to go to the emergency room to be checked out as you may not be aware of the extent of your injuries and it will help you prove your personal injury claim. Prompt medical treatment is critical to proving your injuries due to an auto accident so you need to see a doctor as soon after the accident as possible. Insurance companies love to bring up delays in treatment as a defense in auto or car accident cases. Soft tissue injuries (strains and sprains) are difficult to prove when caused by auto accidents but they still can be very painful and worth pursuing if your pain isn’t subsiding after a few weeks of treatment.
2. Report the accident to the police
While at the scene of the accident when the police show up be sure to explain all of the details of the accident and remember to report ANY PAIN, STIFFNESS, NUMBNESS, TINGLING and your injuries in general to the police.
3. Always obtain all insurance information and critical document information at the accident scene.
Obtain insurance information, driver license number, vehicle license number, VIN number and names of other passengers involved from the at-fault driver. Obtaining independent witness information is especially important. It may become necessary to contact them to prove your case.
4. Take photos, make diagrams or take notes
If possible, take photos of the damage to your car, the other car or truck or vehicle at the scene of the accident or at the first opportunity, this will help to prove your case. This includes getting independent witness information if it is necessary to contact them.
5. Maintain a record of all expenses incurred as a result of your accident
Be sure to include:
A complete list of all medical bills.
Time and income or benefits such as sick leave lost from work due to your accident
Expenses for rental cars
A diary of your pain and how your life is impacted daily by the accident
Important Points to Remember
Preserving evidence at the scene of an auto or motorcyle is very important to prove your claim.
Try to remain calm. Do not get into an argument at the scene of an auto accident.
If you are injured, before you give a statement to the at-fault driver’s insurance company, to protect your rights, it is equally important to retain a good personal injury lawyer.
If the police decline to come to the scene of the accident it is important to still collect as much information as possible.
Why Insurance is Important to You and Your family
You need to comply with personal injury law also by carrying liability insurance if you are in an auto or car accident, otherwise, you will not be able to obtain damages for pain and suffering.
I recommend you carry at least $500,000.00 in liability and uninsured/underinsured coverage. There are many drivers in California who are not insured or underinsured. Your premiums are not much more to pay for much higher limits on liability and uninsured and underinsured coverage so it is definitely worth it to protect you and your family.
Proving Negligence & Liability After a Motorcycle Accident in California
It is extremely important to preserve evidence after the accident. Give your claim the best chance of resulting in a fair settlement by ensuring all the necessary information and evidence has been obtained and completed as soon as possible, while valuable evidence is still available. The cause of your accident will be used to prove your case.
Examples of evidence used to prove your case of negligence and liability:
Photos of the crash scene
Strong evidence is needed to prove liability and damages. Information and documentation might be erased or altered to cover up evidence of negligence. The less evidence you have to support your claim, the more challenging it will be to recover and protect your rights. As an example, you may have been hit by a semi-truck (18 Wheeler). Consider the possibility the truck driver or trucking company might destroy black box data or alter the hours of the service in the logbook. The footage from a surveillance camera might be erased before you have a chance to obtain a copy. In addition, there are deadlines for filing personal injury and wrongful death lawsuits in California. If you wait too long, your case is at risk of being dismissed.
It is important to know the strength of your evidence will ultimately determine the outcome of your case. Proving that the defendant breached a duty of care owed to you also defined as “negligence”, and this breach of duty contributed to your injuries is crucial.
Common examples of negligence giving rise to a motorcycle accident claim include:
Drivers who speed
Drive while distracted
Follow too closely or tailgate
Drivers who make left turns without checking for other vehicles
Drivers who make unsafe lane changes
Drivers who get behind the wheel while drunk or fatigued
Companies that manufacture defective auto parts
Most motorcycle accidents are preventable. But negligence is a real problem, and it is responsible for most reported crashes in California. When someone causes an accident while you’re riding, we can help. If you have been injured or lost a loved one in a motorcycle accident, contact California Motorcycle Accident Lawyer Barry J. Simon for a Free Consultation to learn whether you have grounds for a personal injury or wrongful death claim.
MOTORCYCLE ACCIDENT STATISTICS
- Leg and foot injuries: 30% 30%
- Head and neck injuries: 22% 22%
- Torso injuries: 20% 20%
- Arm and hand injuries: 18% 18%
- Shoulder injuries: 8% 8%
- Skin abrasions (road rash): 67% 67%
- Traumatic brain injury: 9% 9%
- Paralyzing spinal cord injuries such as paraplegia and quadriplegia: 5% 5%
- Crushing injuries: 15% 15%
HAVE YOU BEEN INJURED IN A
AUTO ACCIDENT,TRUCK ACCIDENT,MOTORCYLE ACCIDENT,BICYCLE ACCIDENT,PEDESTRIAN ACCIDENT,DOG BITE ACCIDENT
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Frequently Asked Questions About Motorcycle Accident Personal Injury Attorney Services
A motorcycle accident can result in extremely serious injuries, as the rider has little protection against the force of the impact caused by a motor vehicle. Every case is different, but following a few simple steps may protect your health and your right to fair compensation after a serious motorcycle accident. We understand that this can be a life-changing event and may cause intermediate uncertainty. We have provided answers to some of the most frequently and commonly asked questions regarding motorcycle accidents:
What are the common injuries resulting in motorcycle accidents?
- Spinal cord injuries
- Traumatic brain injuries
- Internal injuries
- Bone fractures
- Loss of limbs
- Permanent disfigurement
What are the causes of motorcycle accidents?
- Distracted driving
- Drunk driving
- Roadway debris
- Left turn and head-on collisions
What do I do if I’m involved in a motorcycle accident?
- Get out of the roadway, if possible.
- Seek medical attention.
- Make sure you have the other party’s insurance/contact information.
- Contact law enforcement and report the accident.
- Do not admit fault and do not discuss the accident with anyone except officers.
- Contact a personal injury attorney right away
What are examples of evidence I can use to prove my case of negligence and liability?
- Police report
- Photos of the crash scene, damages to your motorcycle, etc.
- Eyewitness testimony
- Photos, x-rays, and certified reports of your bodily injuries
What else can I do to further make my case?
- It is also beneficial to ask for contact information from witnesses, and incident and medical reports. This can substantiate that your injuries were, in fact, due to the accident.
DO YOU NEED TO SPEAK TO A PERSONAL INJURY OR ACCIDENT LAWYER?
CALL TODAY! WE LOOK FORWARD TO ASSESSING YOUR CASE.
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Barry J. Simon
Attorney at law