Davis Motorcycle Accident Attorney
Davis, California, is a great place to ride a motorcycle. With its laid-back atmosphere and proximity to larger cities, many motorcycle riding groups meet up at nearby bars and restaurants for a day of joyriding. Unfortunately, many motorists don't drive with motorcyclists in mind. When a traffic accident occurs between a motorcycle and a motor vehicle, the cyclist will likely suffer the most injuries.
Each year, thousands of motorcyclists suffer severe injuries and lose their lives in terrible accidents. According to the National Highway Traffic Safety Administration (NHTSA), 4,985 motorcyclists were killed in the United States in 2018. The study also shows that although cyclists only make up 3% of the motor vehicle fleet, they account for 14% of traffic deaths.Motorcycle Accidents Can Cause Debilitating Injuries
When a motorcyclist is involved in a collision, the damages are often done, and this is because the rider is exposed to the full force of the crash. In contrast, someone in a sedan or pickup truck benefits from airbags and other safety features not available on a typical motorcycle.
The Centers for Disease Control and Prevention (CDC) validated that many motorcycle accident injuries are quite severe. They conducted a major study of the types of injuries suffered by riders in motorcycle accidents. The study results revealed that thirty percent of injuries to riders were leg and foot injuries. Furthermore, twenty-two percent of motorcyclists reported head or neck injuries. These are areas where an injury can have debilitating side effects. Examples of common motorcycle accident injuries include:
- Back injury
- Fractured bones
- Knee injury
- Lacerations to the face and other extremities
- Neck injury
- Shoulder injury
- Spinal cord injury
- Traumatic brain injury
If you or a loved one suffered an injury while operating a motorcycle, you need to contact an experienced Davis motorcycle accident lawyer to discuss your legal options.Damages That Can Be Recovered in an Injury Claim
Generally, a claimant can pursue financial restitution for the following harms and losses:
- Incurred medical bills
- Future medical expenses
- Lost wages
- Pain and suffering
It is important to note that the amount you can recover through a motorcycle accident injury claim depends mainly on the available insurance coverage. If the negligent driver who hits you has a bare-bones auto insurance policy, we may need to file a claim through the uninsured/underinsured motorist coverage in your auto insurance policy.What to Look for in a Motorcycle Accident Attorney
It can feel overwhelming when searching for the best motorcycle accident injury lawyer to represent you. Lawyer ads are everywhere, and they all claim to be top-notch. The best strategy for finding the right lawyer for you is to schedule a consultation and assess the lawyer based on the following traits:
- takes the time to carefully explain your legal options and how the motorcycle accident injury claim process works
- asks you how you're doing and shows compassion about your particular situation
- inquires about your family and how the accident has affected your life
- has actual experience representing clients who were hurt badly in motorcycle accidents
Watch the short YouTube video below for more information on motorcycle accidents and what you need to do.Davis Motorcycle Accident FAQ
How much time do I have to take legal action for my motorcycle accident?
Not much time. California has a statute of limitations codified in Civ. Proc. §335.1. The statute of limitations states that you have two years from your injury to file a personal injury lawsuit against the negligent party or parties. As a general rule, if you fail to file a lawsuit within two years from the accident, your case will likely be dismissed. A notable exception to this rule is if the victim was a minor (i.e., under 18). If your teenage son or daughter was injured in a motorcycle accident, the statute of limitations is tolled until they reach 18. Once they turn 18, they have two years from that point to file a lawsuit.
Will my motorcycle accident case go to court?
Every case is different. Therefore, there is no single, definitive answer to this question. Nevertheless, most personal injury cases settle without presenting the case to a jury. As the client, you are empowered to accept or deny any settlement offer by the insurance company. Your lawyer cannot settle a case without your consent. Once a settlement offer is conveyed, your lawyer will offer advice and counsel on whether it is a reasonable offer, but the decision to settle will be left to you.
What needs to be proven in a motorcycle accident injury case?
If you decide the insurance company's settlement offer is unreasonable, we can take your case to trial. Once we get to trial, specific legal elements of negligence need to be proven by a preponderance of the evidence to hold the reckless party liable for your harms and losses. These legal elements include:
- Duty – We must establish that the defendant owed a legal obligation to you. For example, in the motorcycle accident context, drivers owe a duty of care to other motorists on the road, including motorcyclists.
- Breach of a Duty - We must prove the defendant breached the above-described legal duty. For example, if a driver was intoxicated or texting on their phone when they collided with your motorcycle, that would constitute a breach.
- Causation – We must prove that the defendant's reckless actions, or inaction, proximately caused your injuries. This is a relatively easy element to meet, especially in a motorcycle accident injury case.
- Economic and Non-economic Harm – We must prove that we suffered harm and incurred economic and non-economic damages from the accident. This often includes submitting medical bills and lost wages as evidence. Your lawyer should also develop persuasive evidence to present your pain and suffering damages to the jury.
Suffering an injury from a motorcycle accident can be a traumatic and overwhelming experience. Your focus is to recover and get back to 100 percent. This is why you need to hire an experienced lawyer who will do all they can to secure maximum compensation in your case.Contact Our Motorcycle Accident Attorneys in Davis, CA
If you or someone you care for has suffered a severe injury in a motorcycle crash in Davis because of someone else's negligence, please call our injury attorneys for free, friendly advice. We can be reached at (530) 392-9400 or (800) 404-5400.
Our Davis motorcycle accident attorneys have been practicing law in California since 1982. We've helped many motorcycle accident clients receive the maximum compensation, including the personal injuries they suffered and accidents involving wrongful death.
Editor's Note: This page has been updated for accuracy and relevancy. [cha 6.14.22]
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