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WHAT YOU SHOULD KNOW
motorcycle accidents
Pursuing Medical Care
Following a motorcycle accident in the state of California, promptly seeking medical attention is critical to not only your health but your case. Even if you feel uninjured initially, certain injuries may emerge later. Seeking immediate medical care not only ensures your well-being but also establishes a documented record of your injuries, strengthening your insurance claim.
Healthcare professionals specializing in motorcycle accident injuries can conduct thorough assessments and diagnostic tests to identify specific types of injuries common in such accidents. These injuries may include motorcycle-specific injuries like road rash, limb fractures, head trauma, spinal cord injuries, and soft tissue damage Timely medical intervention can prevent complications and bolster your chances of a full recovery.
Documenting Every Detail
Thorough documentation following a motorcycle accident in California is essential for fortifying a strong insurance claim and safeguarding your rights. This entails gathering evidence at the accident scene, such as photographing the vehicles involved, the surroundings, and any visible injuries. Collecting contact information from witnesses can also provide valuable testimony.
Maintaining meticulous records of all medical treatments and expenses is imperative. This includes documenting visits to healthcare providers, medications, treatments, and rehabilitation services. Retain copies of medical bills, receipts, and other relevant documentation related to your medical treatment and expenses.
Understanding Insurance
Knowing the particulars of your motorcycle insurance policy in California is essential for successfully maneuvering through the claims process. Carefully review your policy to ascertain coverage limits, deductibles, and any exclusions applicable to your situation. This empowers you to make smart, well-thought-out decisions regarding your insurance claim and avoid potential disputes with your insurer.
Familiarize yourself with the types of coverage included in your policy, such as liability coverage, personal injury protection (PIP), uninsured/underinsured motorist coverage, and comprehensive coverage. Understanding your policy coverage aids in determining whether additional compensation avenues, such as a personal injury lawsuit against the negligent party, are necessary.
Consulting an Attorney
Legally navigating a motorcycle accident in California can be daunting, particularly as you focus on recovering from injuries both mental and physical. Hence, consulting with a seasoned California motorcycle accident attorney is essential. An attorney can offer guidance, assess the strength of your case, and navigate the legal complexities on your behalf.
Additionally, a talented attorney can handle communications with insurance companies, negotiate for a fair settlement, and represent your interests in court if needed. With a skilled legal advocate by your side, you can prioritize your recovery while your attorney works to secure rightful compensation for your injuries and losses.
Understanding your rights after a motorcycle accident in California and taking proactive measures to protect them enhances your chances of a favorable outcome. By prioritizing your well-being and seeking legal assistance, you can pursue the compensation necessary for your recovery and move forward with confidence.
Common Motorcycle Accident Injuries in California
Spinal Cord Injuries
Motorcycle accidents in California often result in severe spinal cord injuries, which can have life-altering consequences. These injuries occur when the spinal cord sustains trauma, leading to partial or complete loss of sensation and motor function below the site of the injury. Spinal cord injuries can cause paralysis, including paraplegia or quadriplegia, significantly impacting the victim’s mobility and independence. Rehabilitation and long-term medical care are often necessary to manage the effects of spinal cord injuries and improve the individual’s quality of life.
Traumatic Brain Injury (TBIs)
Traumatic brain injuries (TBIs) are among the most devastating consequences of motorcycle accidents in California. These injuries occur when the head sustains a severe blow or jolt, leading to damage to the brain tissue. TBIs can range from mild concussions to severe, life-threatening injuries, causing cognitive impairment, memory loss, changes in behavior, and motor function deficits. Individuals who suffer TBIs may require extensive medical treatment, including surgery, rehabilitation, and ongoing therapy to regain lost skills and functions.
Road Rash
Road rash is a common injury among motorcycle accident victims in California, occurring when the body slides across the pavement during a crash. The vast majority of motorcycle accidents are accompanied by road rash as it can occur at any speed. This violent friction can cause abrasions, lacerations, and deep tissue damage, resulting in pain, swelling, and risk of infection. Road rash injuries often require thorough cleaning, wound care, and sometimes surgical intervention to prevent complications and promote healing. Additionally, road rash injuries may leave permanent scars, impacting the victim’s physical appearance and emotional well-being.
Amputations
Motorcycle accidents can also result in traumatic amputations, where a limb or extremity is partially or completely severed during the crash. These injuries can have profound consequences, leading to permanent disability and loss of function. Amputees may require prosthetic devices and extensive rehabilitation to adapt to their new circumstances and regain independence. The emotional toll of limb loss can also be significant, requiring psychological support and counseling to cope with the trauma and adjust to life with an amputation.
(Hearing Damage) possibly
Motorcycle accidents in California can expose riders to high noise levels, leading to hearing damage or loss. Not commonly discussed, but loud engine noise, wind, and traffic sounds can contribute to long-term hearing impairment, tinnitus, or even permanent deafness. Protective gear, such as helmets and earplugs, can mitigate the risk of hearing damage, but accidents can still result in significant auditory injuries. Individuals affected by hearing loss may require hearing aids, assistive devices, or cochlear implants to improve their quality of life and communication abilities.
Determining Liability with Motorcycle Accidents
Traffic Laws and Regulations
In California, determining liability in motorcycle accidents is a critical aspect of seeking compensation for damages and injuries. One key factor in establishing liability is assessing whether any traffic laws or regulations were violated. Motorcyclists, like all road users, are required to adhere to traffic laws, including speed limits, lane usage, and right-of-way rules. Violating these laws can constitute negligence and contribute to the determination of liability. For instance, if a motorist fails to yield to a motorcyclist’s right-of-way and causes an accident, they may be held liable for resulting damages.
Driver Error/Behavior
Driver behavior also plays a pivotal role in determining liability in motorcycle accidents in California. Reckless or negligent actions such as distracted driving, speeding, or driving under the influence can significantly contribute to accidents. Evidence of such behavior, such as eyewitness testimony, police reports, and cellphone records, can be instrumental in proving fault. Moreover, comparative negligence laws in California allow for the allocation of fault among multiple parties involved in an accident, which can impact the distribution of liability and compensation.
Motorcycle Defects/Hazardous Road Conditions
Furthermore, defective motorcycle parts or hazardous road conditions can also contribute to accidents and liability determination in California. If a motorcycle defect, such as faulty brakes or tires, contributes to an accident, the manufacturer or designer of the defective part may be held accountable for resulting damages. Similarly, if poor road maintenance or inadequate signage contributes to an accident, government agencies responsible for road upkeep may share liability. Determining liability in motorcycle accidents often involves a comprehensive investigation into all contributing factors to ensure that responsible parties are held accountable for their actions or negligence.
Ways to be Compensated for Motorcycle Accident Injuries
Insurance Claims
In California, individuals injured in motorcycle accidents have various avenues to seek compensation for their injuries and/or losses. One common method is through insurance claims. Motorcycle riders must carry liability insurance, which covers damages in accidents where they are at fault. Additionally, victims can utilize their uninsured/underinsured motorist coverage if the at-fault party lacks insurance or carries insufficient coverage. These insurance policies can provide additional compensation for medical expenses, lost wages, property damage, and other accident-related costs.
Filing a Personal Injury Lawsuit
Another option for seeking compensation is by filing a personal injury lawsuit against the negligent party. Through a lawsuit, victims can pursue compensation for damages not covered by insurance, such as pain and suffering, emotional distress, and punitive damages. A skilled personal injury attorney can help navigate the legal process, gather evidence, negotiate with insurance companies, and represent the victim’s interests in court if necessary.
Government Programs
Furthermore, victims may also be eligible for compensation through government benefits or programs. For example, injured individuals may qualify for disability benefits through Social Security or workers’ compensation if the accident occurred while they were on the job. Exploring all available avenues for compensation is essential to ensure that motorcycle accident victims receive the full extent of the financial recovery they deserve for their injuries and damages.
Why You Should Call Sweet James After a Motorcycle Accident
Experience and Expertise
In the aftermath of a motorcycle accident, selecting the right legal representation can profoundly impact your future. Sweet James understands the challenges you’re facing and is dedicated to guiding you through the legal process with confidence. With over 25 years of experience and countless wins, our team has garnered a reputation for excellence in personal injury law. We possess an in-depth understanding of the complexities involved in motorcycle accident cases and have the expertise to construct compelling arguments that resonate with judges and juries. Leveraging our knowledge, resources, and proven strategies, we tirelessly pursue maximum compensation for our clients, aiding them in rebuilding their lives after traumatic accidents.
Proven Track Record
Sweet James takes pride in our proven track record of securing favorable outcomes for motorcycle accident victims. We have recovered nearly $1.5 billion in compensation, assisting clients with medical expenses, lost wages, property damage, pain and suffering, and other related costs. Our results speak volumes about our commitment to excellence and our unwavering dedication to each client we represent.
Personalized Attention
At Sweet James, we recognize that every motorcycle accident case is unique. That’s why we prioritize personalized attention, taking the time to understand your individual needs and concerns. By listening to your story and tailoring a legal strategy to your specific circumstances, we ensure that you receive the customized support and guidance necessary to navigate the legal system with confidence.
Compassionate Support
Beyond our legal prowess, what truly sets Sweet James apart is our compassionate approach to client care. We understand the emotional and physical toll of motorcycle accidents and are here to offer guidance, support, and reassurance every step of the way. From facilitating medical care to handling insurance communications, we’re dedicated to providing the comprehensive assistance you need to heal and recover.
When you choose Sweet James after a motorcycle accident, you’re selecting a trusted advocate committed to protecting your rights and interests. Operating on a contingency fee basis, we only get paid if we win your case, allowing you to pursue justice without financial strain. Let us handle the legal complexities so you can focus on your recovery and move forward with your life. Contact Sweet James today for a free consultation and discover how we can assist you.
motorcycle accident
Frequently Asked Questions
What Are The Motorcycle Accident Statistics?
Motorcycles are the deadliest form of transportation in the U.S today. Cars are the second most deadly form of transportation, but you are 27 times more likely to die in a motorcycle crash than in a car crash.
Single-vehicle accidents account for 42% of all motorcycle accidents. Single-vehicle motorcycle accidents are most often caused by speeding, reckless driving, or driving under the influence of drugs or alcohol.
- 4,985 motorcycle crashes resulted in a death in 2018.
- Head injuries are the number one cause of death in motorcycle accidents.
- Motorcycle riders over 40 had the greatest percentage of deaths.
- In 2017, 59% of female motorcyclists who died in crashes were passengers.
- 91% of motorcyclist fatalities were male in 2017.
- 74% of motorcycle crashes are frontal collisions.
- 80% of reported motorcycle crashes result in injury or death.
- Motorcycle vs. car crashes are the leading cause of spinal cord injuries.
- There were 82,000 injuries due to motorcycle accidents in 2018.
- Motorcycles are involved in 11% of all accidents.
- – In accidents involving drugs or alcohol, injuries occur in 90% of motorcycle crashes, 33% of car crashes.
If you or a loved one is injured in a motorcycle accident contact a Sweet James motorcycle accident law firm immediately.
How Does The Insurance Claim Process Work?
You’re not in good hands, and they’re not looking out for you – insurance companies are looking out for themselves.
An insurance adjuster has no incentive to treat you fairly. Their “job well done” is spending as little as possible to settle your insurance claim. There are many tactics adjusters will use, but their motivation is universal – to deny, delay, and devalue your claim. This behavior by insurance companies places a serious financial burden on their policyholders.
These are some of the largest and most powerful companies in the world. They use their resources to increase profits. You need a Sweet James motorcycle accident attorney looking out for you. Studies done by insurance companies show that accident injury victims with attorneys get 40% more money than those without attorneys.
We’ve built our firm on the values embraced by Main Street – not Wall Street. At Sweet James, our goals and yours are perfectly aligned. Our success is based on your success. It is in our interest to get you the best results possible.
With our motorcycle accident attorneys in your corner, you can rest assured that your insurance claim is in the hands of professionals. Let us take care of the details so that you can get back to the more important things in life.
How Do Motorcycle Accident Contingency Fees Work?
Contingency fees are used most often in personal injury lawsuits or worker’s compensation cases where money is being claimed. According to the American Bar Association, a client pays contingency fees to a motorcycle accident attorney only if the attorney handles the case successfully.
In a contingent fee arrangement, the motorcycle accident attorney agrees to accept a fixed percentage of the amount of money finally paid to the client. If you win the case, the motorcycle accident attorney’s fees come out of the money awarded to you. If you lose, neither you nor the motorcycle accident attorney will get any money and you will not be required to pay your attorney for the work they do on the case.
Sweet James motorcycle accident attorneys only get paid if you win
How Long Do I Have To File A Motorcycle Accident Claim?
It’s important to remember that state laws impose a time limit on your motorcycle accident lawsuit. Accident victims must use the appropriate timetable to seek compensation for medical bills, lost income, vocational rehabilitation, physical pain, and emotional suffering, called the “statute of limitations.” This limit can be as brief as 180 days, or as long as two years.
The advice and guidance of an experienced motorcycle accidents attorney can help.
What Are The Common Causes Of Motorcycle Accidents?
Motorcycle accidents often occur due to the distraction, carelessness, or negligence of the other driver. Here are examples of driver actions that may result in an accident:
- Speeding
- Cutting off a motorcyclist
- Turning in front of a motorcyclist
- Failing to yield the right-of-way
- Following too closely
- Failure to see a motorcyclist
- Driving while impaired
Drivers who do not exercise proper care when making left-hand turns may cause a motorcycle accident. Here are examples of actions that can cause left-turn accidents:
- Not seeing a motorcyclist
- Panic stops in front of a motorcyclist
- Misjudging a motorcyclist’s speed or distance
If you or a loved one is injured in a motorcycle accident contact the Sweet James motorcycle accident law firm immediately.
What Are Common Motorcycle Accident Injuries?
A motorcycle accident can lead to serious injuries that change your life with huge medical bills, pain and suffering, future medical treatment, and loss of wages.
Motorcycle accident injuries often result in surgery, extensive rehabilitation, severe disfigurement, and even lifelong pain management. Examples of motorcycle accident injuries are:
- Back, shoulder, and neck injuries
- Organ damage and internal bleeding
- Amputation
- Spinal cord injuries
- Traumatic brain injuries
- Severe burns
- Death
- Disfigurement
- Bone fractures
- Permanent loss or consequential limitation of use of a body organ, member, function, or system.
Even if your injuries are irreversible, an experienced Sweet James motorcycle accident attorney ensures your suffering is not. A fair settlement means you get extensive medical treatment and pain management.
If your quality of life is anything short of 100%, you deserve compensation.
Do I Have A Motorcycle Accident Claim?
Seeking legal counsel and guidance is the only guaranteed method of determining if you have a personal injury case. However, here are some of the criteria needed to establish a valid lawsuit:
- Prove you have suffered actual injury/harm
- Prove the other party is at fault
- Prove your injury was the result of the accident
There is no easy formula for measuring responsibility in an accident. Experienced motorcycle accident lawyers take a great deal of time weighing the various facts of the case to come to a conclusion on liability and damages.
Even if you may be partly responsible for the accident, it’s still possible for you to be awarded compensation based on the degree of fault attributed to you. The overall figure or amount will vary. Your settlement can cover damages including but not limited to:
- Past and Future Wages Lost
- Medical Care
- Property loss
- Pain and Suffering
- Emotional Distress
- Loss of Enjoyment of Life
What Are Helmet Laws?
In most states, motorcycle riders and passengers under the age of 18 are required to wear a helmet.
State helmet laws often allow two types of helmets (either must meet US Department of Transportation standards) – three-quarter face or full-face.
Helmets should fit snugly all the way around the motorcyclist’s head. Helmets must be free of defects, like cracks, loose padding, or frayed straps.
How important is it to have my injuries checked after an accident?
It is critical to have all injuries checked by professionals immediately after a motorcycle accident. Whether by ambulance, emergency room, urgent care facility or family doctor have all injuries examined immediately after a motorcycle accident – don’t wait. As soon as you are under medical care, contact the best motorcycle accident attorney near you.
Will missing doctor and therapy appointments hurt my case?
After a motorcycle accident injury, missing appointments for examinations, medical care or therapy can seriously hurt your chances of recovering compensation and winning a motorcycle accident lawsuit. If you don’t seek and follow prescribed medical care or therapy, you must not believe that your injuries are serious. Make getting your injuries healed and getting back to full recovery your priority. Your motorcycle accidents attorney can handle everything else about your motorcycle accident lawsuit for you.
Is it OK to speak with the other party’s insurance company?
You do not have to speak with the insurance company of the party who injured you. There is nothing to gain and much to lose by speaking with them. After seeking care for your injuries and notifying your insurance company of your motorcycle accident, let your Sweet James motorcycle accidents attorney deal with the insurance companies.
Should I try to settle the claim myself before seeking an attorney?
Insurance companies’ own research shows that motorcycle accident victims who retain a motorcycle accident injury attorney receive an average of forty percent more money than those who attempt to settle their case on their own, even after the legal fees are deducted from the final settlement. Contact a Sweet James motorcycle accidents attorney immediately after any motorcycle accident injury.
Do I need a motorcycle accident lawyer if I have been in a motorcycle accident?
Distracted and careless drivers may not see a motorcyclist until it is too late. When a distracted or careless driver causes a serious accident, the driver must be held accountable. After a motorcycle crash, getting the compensation you deserve, even if your injuries are severe, may be difficult. Insurance companies profit by paying motorcycle crash victims as little as they can. It is common for at-fault drivers to blame motorcyclists and for insurance companies to believe their policyholders. Don’t accept a settlement offer from an insurance company without consulting a top motorcycle attorney first.
How much will it cost to hire a motorcycle accident law firm?
We charge on a contingency fee basis. This means that we do not collect a fee unless we win your case. If we are unable to produce results for you, you will not owe us anything for our services. You will not pay anything upfront or out of your own pocket. Studies were done by insurance companies indicating that accident victims with attorneys received, on average, 40% more money than victims without lawyers. Learn More.
What should I do after a motorcycle accident?
The most important thing to do is to seek medical attention for your injuries. Here are some additional steps to take:
- Get a copy of the police report
- Take photos of damages to your vehicle and your injuries
- Keep a record of your physical symptoms, medical visits, treatments, tests, and medications
- Keep a record of days missed from work
- Never give a statement or supply information to anyone other than your own doctor and your insurance company – you are not obligated to speak with the other driver’s insurance company
- Do not accept a settlement offer from an insurance company until you have consulted with a Sweet James motorcycle crash lawyer.
What Kinds of Compensation Can I Recover?
Sweet James accident injury attorneys may be able to help you recover compensation for the following:
- Past and Future Medical Expenses Directly related to your accident.
- Lost Wages.
- Pain and Suffering.
- Mental Anguish.
- Loss of Consortium as a result of wrongful death: the surviving spouse may be awarded compensation for the loss of services, assistance, aid, society, and companionship of his or her loved one. Surviving parents may be awarded compensation for the loss of love, affection and companionship of their minor children. Minor children may be awarded compensation for the loss of services, assistance, aid, society, and companionship of their parents.
How Can A Sweet James Motorcycle Accidents Attorney Help Me?
There can be many factors that will need to be examined in order to determine the causes and effects of a motorcycle accident. Insurance companies know that it’s almost impossible to undertake this task alone, and attempting to manage your legal issues by yourself can make you very vulnerable.
Insurance adjusters may try and take advantage of you to avoid paying out the proper sum of damages.
As unfair as it may appear, there are clever defenses they can use to mitigate the harm you have suffered and deprive you of the money you are entitled to obtain after your accident. A motorcycle injury attorney experienced in handling motorcycle accident claims can stop this from happening.
At Sweet James, we are unwavering in our commitment to excellence and to handling all of our legal disputes carefully. When dealing with your motorcycle accident claim, our firm will make use of all the available resources to get you the money you need to balance your life again.
Why Choose Sweet James Motorcycle Accidents Attorneys?
We expect to win every case! We take your injury personally, and we treat you and your family like our own.
Sweet James motorcycle accident attorneys know the games that insurance companies play and the tactics that are used against our clients. Before founding Sweet James, James defended insurance companies against injury claims. Knowing their playbook has made James an especially persuasive advocate in motorcycle accident cases.
From start to finish, our strategy revolves around you. Developing a relationship with our clients to understand your loss and protect your interests is the cornerstone of our mission.
We know how to do it, and we are very, very good at our jobs. While our compassionate motorcycle accidents attorneys focus on maximizing the amount of money you get from your claim, you can focus on getting better.
Your Winning Team
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James Bergener
Founding Partner
Steve Mehr
Founding Partner
Bobby Taghavi
Managing Partner - National
Jennifer Gore
Managing Partner - GA
Elisa Kate Boss
Attorney
Brooke Bremmer
Attorney
Mohammad Hamideh
Attorney
Nina Nawabi
Attorney
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