Modesto Motorcycle Accident Attorney


A motorcycle accident can be catastrophic for the motorcyclist and result in traumatic injuries, including bone fractures, torn ligaments, potential paralysis, lost limbs, etc. If you or a loved one were involved in a collision, you might be able to pursue financial restitution for the harms and losses against the driver who hit you or your loved one.

What are the Common Reasons for Motorcycle Crashes?

The National Highway Traffic Safety Administration reports that motorcyclists are much more likely to suffer catastrophic injuries or death when involved in a collision when compared to the occupant of a sedan, truck, or SUV. In fact, motorcyclists are five times more likely to suffer a serious injury if they are hit. In many instances, the cause of the collision was the operator of one of the larger vehicles driving carelessly and hitting a motorcyclist.

Common causes of motorcycle wrecks include:

  • The other driver was traveling at an unsafe speed
  • The other driver was intoxicated or on drugs
  • The other driver changed lanes without signaling
  • The other driver was texting on their cell phone

When a motorcycle accident occurs, it is usually the motorcyclist who bears the brunt of the damage. Getting hit by a car weighing thousands of pounds often inflicts serious bodily harm to the operator of the motorcycle. The injuries suffered can be catastrophic, requiring months of rehabilitation. This is why it is important to speak to a lawyer and pursue financial restitution through a personal injury claim.

Types of Compensation in a Motorcycle Crash Case  

You may be able to recover compensation for the following:

  • Lost wages due to time missed from work (including future wages if you are disabled)
  • Medical expenses stemming from the accident
  • Pain and suffering (which includes mental anguish and emotional trauma)

Motorcycle accidents are often traumatic. The anxiety that you experience can stay with you for years. They can be potentially fatal, and knowing that you came that close to death can cause severe mental trauma (e.g., PTSD).

It is essential to keep in mind that the amount of money you can reasonably expect to recover is governed by the available insurance coverage. If the driver who hit you has a bare-bones auto insurance policy and you suffered significant damages, you may need to access your uninsured or underinsured motorist coverage through your own auto insurance policy.

Are Punitive Damages Recoverable in Motorcycle Injury Cases?

An award of economic and non-economic damages is meant to make the injured plaintiff whole again. In particularly egregious motorcycle accidents, punitive damages could be pursued to punish the reckless driver who hit you. These are damages designed to рuniѕh the irresponsible driver that seriously harmed you.

According to California Civil Code Section 3294, punitive damages may only be recoverable in limited circumstances. Section 3294 states that an injured motorcyclist may be able to pursue punitive damages when the defendant’s actions are committed with reckless disregard for others' safety or if they committed the act with malice. But keep in mind that punitive damages are not pursuable in all cases. This is because there needs to be overwhelming evidence that the driver’s conduct was particularly shocking or outrageous.

Take Action Sooner Rather Than Later

The sooner you take legal action, the better. This is because the California legislature passed a statute of limitations on personal injury claims. In California, you have two years from the accident date to file a lawsuit against the reckless driver.

Watch the video below to find out more about motorcycle accidents.

Modesto Motorcycle FAQ

Why do I need a Modesto Motorcycle Accident Lawyer?

If you suffered severe injuries from a motorcycle accident, you are probably dealing with a large pile of medical bills, lost income due to an inability to work, potential side effects from prescription medication, etc. You should not add negotiating with an insurance adjuster to your to-do list. An experienced motorcycle accident attorney will fight on your behalf to get you full compensation while focusing on your recovery.

Will I need to fight the insurance company to get fair compensation?

In many cases, the other driver’s insurance company will do everything they can to avoid paying a large sum through a settlement or verdict. You are likely owed more money than what they will initially offer in the hopes that you accept a low-ball settlement.  

You need an experienced Modesto motorcycle accident lawyer who knows the insurance company’s tricks and tactics. They're not going to give you the funds you deserve without a fight. An experienced injury attorney can help you get the compensation you deserve. 

What if I was hit by an uninsured motorist?

If the person who hit you is uninsured, this could make things more complicated. This is because the amount you can reasonably expect to recover through a personal injury claim is generally dictated by how much available insurance coverage you can access. You may be able to access uninsured motorist coverage through your own auto insurance policy. Depending on the amount of coverage you have, it could provide an additional resource of funds to ensure you receive financial restitution from the claim.

Free Case Evaluation with a Modesto Motorcycle Accident Lawyer 

I’m Ed Smith, a Modesto motorcycle accident attorney practicing personal injury and wrongful death law since 1982. We understand the complexities of personal injury litigation and am ready to help you pursue the compensation you deserve. Call us today at (209) 227-1931 or (800) 404-5400 to schedule a free consultation at our Modesto office:

1015 12th Street, STE 7
Modesto, CA 95354

Proud members of the Million Dollar Advocates Forum and the National Association of Distinguished Counsel.

See our client reviews on Google, Yelp, and Avvo and case history of verdicts and settlements.

Editor’s Note: This page has been updated for accuracy and relevancy [cha 1.11.23]

:sb bw [cs 1019]

Client Reviews
"Me and my wife; had a car accident. We were amazed how easy, professional, friendly attorney Ed Smith is along with his staff. Everybody is amazing. Thank you so much, we are very impressed!" Alex & Dinah M.
"Ed Smith and his office team took on a difficult personal injury case on my behalf and for the passenger in my car. Ed is a top- notch attorney. His staff couldn't have been more helpful and kind. No need to look elsewhere. I give Ed Smith my highest recommendation." Beverly
"Ed and Robert have been taking great care of my husband and I for the past 5+ years. They are always there when you have a problem and a quick resolution! Even when the issues have nothing to do with them. They are willing to help ease the pain off your shoulders. They are as good as it gets! Thank you again for everything." Annie T.
"Very professional. Great team, staff and service all around. Mr Smith was very honest, straight forward with his advice. He gives the word "attorney" an honest reputation. I will seek his council anytime, and would recommend him at the drop of a dime." Jeremy M.
"I would highly recommend Ed Smith to any friends or family in need of a personal injury attorney. Ed, and his staff, are very caring on top of being very experienced in this field. The staff always keeps you informed of the status of your case and they are always easy to reach by phone." Shannon D.
"Edward Smith law offices provide competent, thorough, and personable help for victims of personal injury. When you first meet the staff you know you contacted the right office. This law office treats clients like people. I recommend this office to anyone seeking representation regarding personal injury." David M.