Oakland Motorcycle Accident Lawyer
When you are riding a motorcycle or sharing the road with motorcycles, collisions can happen. When a collision happens, one or more of the people involved can suffer injuries. In addition to the same factors that cause car accidents, motorcycle accidents can be the result of specific issues like sharp curves and debris in the roadway.
If you are suffering from an injury after being involved in a motorcycle accident, you have the right to pursue monetary compensation for your damages through a personal injury claim. Do not wait to start working on your claim with an experienced personal injury lawyer.
What Causes Motorcycle Accidents?
Motorcycle accidents, like car accidents and other types of vehicle collisions, can have a few different causes. Often, they are the result of negligence on the part of the motorcyclist or another motorist. Driver negligence can take many forms, such as:
- Aggressive driving;
- Failing to signal properly when turning;
- Using a cell phone or other electronic device while driving;
- Driving drunk or while under the influence of another drug;
- Driving while distracted by food, others in the vehicle, or outside views;
- Disregarding posted traffic signs, like stop lights and yield signs; and
- Drowsy driving.
Because of their size, motorcycles are not always as easily visible as other vehicles. It can be easy for a motorcycle to enter a larger vehicle’s blind spot and risk a collision with the vehicle and at night, it can be quite difficult to see motorcyclists. Other hazards that pose a disproportionate risk to motorcycles are sharp turns, potholes, and debris in the roadway.
When a motorcycle accident occurs because of a poorly planned or maintained roadway, the party that owns or maintains the roadway may be liable for the victim’s damages. Similarly, when an accident is the result of a vehicle malfunction, the vehicle’s manufacturer, seller, or even owner may be liable for the victim’s resulting damages, depending on whose failure to ensure the safe operation of the vehicle led to the malfunction.
How Can I be Injured in a Motorcycle Accident?
There are many different ways you can be injured in a motorcycle accident. Generally, motorcyclists suffer more severe injuries in collisions than motorists because a motorcycle lacks the protective metal barrier that a car frame provides. However, the speed and angle at which a collision occurs matters, and it is possible for a motorist to suffer severe injuries in a collision with a motorcycle.
Individuals involved in motorcycle accidents can suffer the following injuries:
- Soft tissue injuries;
- Spinal cord injuries;
- Broken bones;
- Head trauma;
- Burns; and
These injuries can have complications like traumatic brain injuries, severe bleeding, organ damage, and chronic pain. In some cases, individuals involved in collisions die at the scene of the accident or soon afterward from their injuries.
Seeking Compensation for your Damages After a Motorcycle Accident
Through a personal injury claim, you can seek compensation for the following damages:
- Your medical bills;
- Your lost wages; and
- Your pain and suffering damages.
A successful personal injury claim needs sufficient evidence to support it. Evidence you can use to support your personal injury claim includes the official police report for the accident, photographs and witness testimonies from the day of the collision, and documentation from your doctor showing your diagnosis and prognosis. To support your claim for lost wages, provide pay stubs and documentation showing your leave from work.
In California, the statute of limitations for personal injury claims varies from the date of the accident. Please be advised that your potential case is governed by a statute of limitations (a limited time period in which you must begin a lawsuit). Statutes of limitations differ depending on the type of case involved. Some of these time periods may be as short as six months, while others can be as long as two years. We do not have enough information to identify which statute of limitations applies in your case. You should consult with a lawyer, the California Code of Civil Procedure, internet resources, and/or visit your law library to identify the applicable statute of limitations for your matter.
In California, it is possible to recover compensation for your damages even if you were partially at fault for your accident. This is true regardless of the percentage of the fault you hold because in California, the doctrine of pure comparative negligence applies to personal injury claims. If you were somewhat at fault for your accident, the total amount of compensation you can recover is reduced according to the percentage of the fault you hold. For example, if you are deemed to be 20 percent at fault, you can only recover up to 80 percent of the value of your claim.
Why Work with a Lawyer to Pursue a Motorcycle Accident Claim?
You can pursue a personal injury claim on your own. Nobody is going to stop you from doing that if that is what you want to do. But it is in your best interest to work with a personal injury lawyer, rather than pursuing your claim on your own. Why? Here are a few reasons:
- When you are recovering from an injury, you need to focus on your recovery. Managing piles of paperwork and building a claim is complicated under any circumstances, and can be overwhelming when you also have recurring doctor appointments to attend;
- Your lawyer has experience pursuing personal injury claims and can use this experience to be your advocate and negotiate with the insurance provider on your behalf; and
- Your lawyer has a professional network he or she can draw upon to obtain additional evidence to support your claim, like an accident reconstruction specialist who can create a digital rendering of the scene.
Work with an Experienced Oakland Motorcycle Accident Lawyer
If you were injured in a motorcycle accident caused by another party’s negligence, you have the right to pursue compensation for your related damages through a personal injury claim. To learn more, contact our team of experienced personal injury lawyers at Dolan Law Firm to schedule your initial consultation with us. We will examine every relevant detail of your claim to determine the most effective way to pursue the compensation you deserve for the damages you suffered.