Discovery Bay Motorcycle Accident Attorney
Motorcycles are a common sight in Discovery Bay and across Contra Costa County. You may expect to see motorcyclists riding on Highway 4 or traveling down Bixler Road when the weather is nice. But a crash may occur in a split second and leave a motorcycle rider seriously injured because of their lack of physical protection. Bone fractures, road rash, spinal cord injuries, internal trauma, and traumatic brain injuries are common in car vs. motorcycle accidents. Those who survive such collisions are often left to deal with mounting medical expenses for extensive treatment and wage loss from being temporarily or permanently unable to work. If you have suffered injuries as a motorcyclist in an accident, you need experienced legal counsel who will work hard to hold the other side liable for your losses.
Learn how our Discovery Bay motorcycle accident lawyers at AutoAccident.com help those who have been injured in crashes by calling (925) 428-5220 or (800) 404-5400. A skilled attorney from our law firm is available anytime to review the details of your case and provide free, friendly advice.
At AutoAccident.com, we have secured full compensation on behalf of our clients since 1982. We have assisted injured motorcyclists and families of deceased motorcycle riders in Contra Costa County and throughout California. When you turn to our legal team for assistance, you can rest assured that your best interests will always come first. We will do everything in our power to ensure that the insurance company handles your case honestly and provides you the fair compensation you need to put this traumatic incident behind you. Give us a call today and learn more about how our team of injury lawyers can help you through this difficult time. You never have to worry about upfront fees when working with our personal injury law firm. We work on contingent fee agreements meaning you owe us nothing unless we obtain fair compensation on your behalf.Ways of Staying Safe While Riding a Motorcycle in Discovery Bay
The most crucial tip for riding a motorcycle safely is always wearing protective gear. According to the Centers for Disease Control and Prevention (CDC), helmets decreased the risk of trauma to the head by 69 percent and the risk of death by 37 percent. While statistical data on the effectiveness of protective clothing such as motorcycle pants and jackets are limited, a case study suggested that motorcyclists with partial and full use of protective clothing were found to have spent less time in hospitalization and reported less pain following a collision.Who is Responsible for Damages from a Motorcycle Accident?
California is an at-fault state, meaning that the party responsible for a motorcycle crash may be held liable for economic and non-economic damages suffered by others. This may include medical bills, lost income, pain and suffering, and other accident-related losses. The process usually involves filing a personal injury claim with the insurance company representing the at-fault party.
There are some unique circumstances where an injured individual may have to turn to their insurer for recourse if the other side has limited or no liability coverage. First-party insurance claims are not always straightforward as the insurance carrier may not always be willing to offer fair compensation through uninsured and underinsured motorist coverage. It is often necessary to retain legal counsel in these cases.What are the Most Common Reasons for Car vs. Motorcycle Crashes?
What is unfortunate about motorcycles is that not all drivers are observant of them, which may cause crashes on the road. Some of the top causes of these collisions may include:
- Driving under the influence of alcohol or drugs (DUI)
- Excessive speeding or driving too fast for road conditions
- Failure to observe motorcycle riders who are lane-splitting
- Inattentive driving from talking or texting on a cell phone
- Unsafe passing while overtaking another vehicle, particularly on rural roads
Driver negligence contributes to most motorcycle accidents resulting in serious injury or wrongful death. Those dealing with the aftermath of the incident may benefit from working with a top motorcycle accident attorney in Discovery Bay who can protect their rights and secure fair compensation.What if a Motorcycle Collision Occurred Because of a Road Defect?
California roads are known for potholes, particularly from the cracking of the asphalt from cold temperatures combined with heavy rains. Crashes and vehicle damage may occur if the pothole is large enough. Unfortunately, motorcycles do not provide the same level of stability as motor vehicles. They are prone to potholes and other hazards resulting from unsafe road design and lack of roadway maintenance.
When a motorcyclist is injured or killed in an accident where no other car was involved, and a road defect is to blame, a notice of claim may be brought against the government entity responsible for the roadway. Such cases must be filed no later than 180 days after the incident, as outlined in the California Government Code Section 911.2. Remember that such claims may be challenging to navigate and should be left to an experienced Discovery Bay motorcycle accident lawyer to handle.How Can Social Media Affect a Personal Injury Claim?
Understandably, a motorcycle crash may significantly impact your life, and you may want to share your experience on social media. However, it is crucial to avoid sharing information about the incident online, as the insurer may take whatever you post out of context. Unfortunately, it may be used against you during insurance settlement negotiations and litigation.
A simple post such as riding a motorcycle down Highway 4 or enjoying the day with family and friends at the Discovery Bay Marina may cause the claims adjuster to question your case. That is why it is recommended to avoid social media until your injury case has been resolved. For additional information, reach out to an experienced injury lawyer.Why is Medical Treatment for a Motorcycle Accident Important?
Failure to follow orders from the treating physician, adhere to the treatment plan, and keep up with follow-up appointments may be detrimental to an injured party’s health and well-being. The condition may worsen over time if medical care is not sought as needed. The value of an injury case for a motorcycle accident may also be impacted. That is because the insurance company representing the other side or even your insurer may claim that the injuries were not as severe because of the delays or gaps in treatment and failure to comply with the physician's treatment plan. This may cause a claims adjuster to downplay the claim's value or even deny it.What is Comparative Fault and How Can it Affect a Motorcycle Crash Case?
California follows a system of comparative fault when it comes to personal injury cases. This means that a motorcyclist may share fault in a crash and still have the grounds to seek compensation from the other party. The amount of damages awarded to an injured motorcycle rider would be decreased by the percentage of fault assigned to them. For example, a motorcyclist was riding down Bixler Road near Marsh Creek Road when they were involved in a traffic collision with another vehicle. An investigation reveals that the car driver ran the posted stop sign at the four-way intersection, and the motorcycle rider was speeding at the time of the incident. Unfortunately, in this case, the motorcyclist would be found partially at fault for the crash. Other cases involving comparative fault may include those where a motorcyclist was not wearing a helmet and suffered trauma to the head.
In other situations, insurance companies and defense counsel may utilize comparative fault as a way of disputing liability for the case and lowering the amount of compensation they pay. Fault is sometimes unfairly shifted onto an injured motorcyclist to make that possible. That is why it is crucial to collect and preserve as much evidence as possible to demonstrate the negligence on the part of the other side. This way, any arguments based on comparative fault may be overcome, and the injured motorcycle rider may be fairly compensated for their damages. Given the unfair biases against motorcyclists regarding fault, it is good to retain legal counsel that is well-versed in California personal injury law to ensure that you are not taken advantage of by the other side. Keep in mind that a two-year statute of limitations usually applies to these cases, so do not delay discussing your situation with an experienced Discovery Bay motorcycle accident attorney. Watch this video for suggestions and tips on finding a top-rated lawyer to handle your civil case.Contact a Motorcycle Accident Lawyer in Discovery Bay
If you were injured in a crash as a motorcyclist in Discovery Bay, you might be dealing with traumatic injuries, mounting expenses for medical treatment, and unpaid time away from work. You should not be left to face the aftermath of a crash that was caused by the negligence of another party or entity. While you focus on recovering from your injuries, one of our accident attorneys from our law firm can protect your rights and build a strong case on your behalf. Learn more about how we can help by calling (925) 428-5220 or (800) 404-5400. Our legal team is available anytime to go over the details of your case in a free consultation. We care about helping those injured in motorcycle accidents in Contra Costa County and across California understand their rights and options for recovery. Remember that free, friendly case advice is only a phone call away, so do not hesitate to reach out to us at AutoAccident.com today.
Editor's Note: updated for accuracy and relevancy [cha 4.7.23]
Image Attribution: "Split Shire" on Pixabay
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