San Rafael Motorcycle Accident Lawyer
Dedicated Attorneys Serving San Rafael Motorcycle Accident Victims
There is nothing quite like the thrill of the open road when you experience it on a motorcycle, but that enjoyment can come to a screeching halt if you are hurt in a motorcycle accident. The size and weight of your cycle compared to other motorized vehicles on the road make you extremely vulnerable to severe injuries. Medical treatment costs skyrocket, and the invoices start piling up at a time when you may be unable to work due to your injuries. Plus, the pain and suffering may be agonizing. Your situation can be difficult to cope with as you wonder about your rights after a California motorcycle accident.
Fortunately, the law does allow you to recover compensation for your losses and our knowledgeable motorcycle accident legal team at the Dolan Law Firm can help. We have decades of combined experience in complex traffic collision cases, serving clients in San Rafael, San Francisco, Marin County, CA and throughout the Bay Area. Our attorneys empathize with the difficult circumstances you face after a motorcycle accident, so we are dedicated to fighting for the financial recovery you deserve under the law. We know you expect a personalized approach to your legal matter, and we are happy to deliver.
Taking on Tough Challenges in a California Motorcycle Accident Case
There are many factors that make motorcycle collisions distinct from other types of traffic incidents, but the basic concept behind a claim for injuries is the same: Negligence. Our lawyers at the Dolan Law Firm will gather evidence and develop arguments to prove the essential elements of a negligence case, which are:
1. Duty: All drivers on the road have a duty to operate their vehicles with a reasonable degree of care, so as to not cause a risk of injury to others.
2. Breach: If a motorist fails to act with reasonable care when driving, such as by violating California’s Rules of the Road, he or she is in breach of this legal duty.
3. Causation: You must show that your motorcycle accident injuries were caused by the responsible driver’s breach of duty, such that you would not have been hurt were it not for the careless acts.
4. Damages: It is necessary to demonstrate that you suffered losses as a result of your motorcycle accident, for which you should be compensated.
Unique Dangers of Motorcycle Accidents
Motorcyclists face certain hazards that drivers of passenger vehicles do not, such as:
- Cycle Design: While a motorcycle is smaller than a car or light truck, the two-wheeled design also means stability and balance can be a challenge. Plus, a cycle does not protect the operator inside a strong metal shell, so the person’s body is exposed to impacts from all sides.
- Visibility: Motorcycles are lower in profile, making them not as visible to other drivers on the road. The smaller size also means they are more likely to be hidden behind a larger vehicle or object, putting the rider in another motorist’s blind spot. Visibility is a contributing factor in many motorcycle crashes at intersections.
- Road Conditions: Physical features that have a minimal impact on a passenger vehicle may have a serious effect on a motorcycle. Objects, slippery surfaces, and even animals can be serious dangers for motorcyclists.
Severe Injuries Suffered by Motorcyclists
Serious injuries are more common in a motorcycle accident because of the lack of protection and size differential compared to other vehicles on the road. A rider may suffer:
- Head Trauma: Traumatic brain injury (TBI), concussion and skull fractures are examples of severe motorcycle injuries. Even where the cyclist wears a helmet, the accident may still lead to devastating damage.
- Neck and Spine Injuries: Damage to the neck and spine may result in paralysis, quadriplegia, or paraplegia. In the most devastating motorcycle collisions, victims may no longer be able to walk.
- Road Rash: This type of injury is very painful, affecting the skin which is exposed as the rider slides across the road. Road rash is serious, and it can cause nerve damage and infection.
- Lower Extremities Injuries: Injuries to feet, legs, ankles, and knees frequently occur due to the lack of a metal enclosure to protect the rider.
Your Right to Compensation
Our skilled motorcycle accident attorneys at the Dolan Law Firm will fight to ensure you obtain the compensation you deserve, including:
- Economic damages, such as the cost of medical treatments, surgery, emergency room care, rehabilitation, physical therapy, and medications. Any income you lose when unable to work would also be included in this category.
- Non-Economic damages, such as the pain and suffering you experienced as a result of your injuries. Other non-economic damages include losses affecting your personal relationships with your spouse, children, and loved ones.
There are some legal issues that can limit or bar your right to compensation, so take note of:
- Statute of Limitations: Under state law, you have two years from the date of your motorcycle accident to file a lawsuit against the negligent driver. In the case where a public entity is at fault this period may be just six months. The California statute of limitations acts as a complete bar to your claim if you fail to initiate litigation in a timely manner. 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.
- Comparative Negligence: If your own negligent conduct was a factor in your motorcycle crash, California’s comparative negligence rule may lower your compensation. Your financial recovery is reduced by the percentage of fault attributable to you.
Consult with a San Rafael Motorcycle Accident Lawyer Right Away
Our attorneys at the Dolan Law Firm are dedicated to getting you the highest amount of compensation allowed by law after you suffer injuries in a motorcycle collision. Whether negotiating a settlement with an insurance company or in a courtroom, you are our number one priority. For more information or to schedule a free, confidential consultation, please call us toll free at 1-888-452-4752. You can also complete our contact form and visit our website to learn more about our legal services for motorcycle accident victims in San Rafael, CA.