Modesto Motorcycle Accident Attorney
A motorcycle accident in Modesto, California, may be catastrophic for the motorcyclist. These crashes may result in traumatic injuries, including bone fractures, torn ligaments, paralysis, lost limbs, and more. If you or a loved one were involved in a collision as a biker, you may be able to seek financial compensation for your damages against the at-fault driver. To learn more, contact our skilled motorcycle accident lawyers serving Modesto, California, for a free consultation.National Statistics on Roadway Accidents Involving Motorcyclists
The National Highway Traffic Safety Administration (NHTSA) reports that motorcyclists are 4 times more likely to suffer injuries and 28 times more likely to die in crashes than passenger vehicle occupants. This may be attributed to their lack of physical protection in a roadway accident. Other national statistics on crashes involving motorcycle riders include:
- Motorcycle riders accounted for 18 percent of all occupant deaths, 14 percent of all traffic-related fatalities, and 4 percent of all occupant injuries, according to 2020 data by the National Safety Council (NSC).
- In 2020, an approximate total of 5,579 motorcycle riders passed away in roadway collisions, accounting for an overall increase of 11 percent from 2019, according to the Insurance Institute for Highway Safety (IIHS).
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 California personal injury lawyer and seek financial recovery through a 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 wage loss if motorcycle-related injuries leave you disabled)
- Medical expenses stemming from the accident
- Pain and suffering (which includes mental anguish and emotional trauma)
Car versus motorcycle crashes 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).Importance of Uninsured and Underinsured Motorist Coverage for Motorcyclists
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.What is the Deadline for Motorcycle Accident Cases in California?
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 Accident FAQ
Why do I need an attorney for a Modesto motorcycle accident case?
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 a driver who does not have auto insurance?
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 Consultation with a Modesto Motorcycle Accident Lawyer
At AutoAccident.com, our motorcycle accident attorneys serving Modesto, California, understand the complexities of personal injury litigation. We are prepared to help you seek the full compensation you deserve. Call for free, friendly case advice at (209) 227-1931 or (800) 404-5400. Our legal team is available by appointment at our Modesto office:
1015 12th Street, STE 7
Modesto, CA 95354
Editor’s Note: updated for accuracy and relevancy [cha 4.10.23] sb bw [cs 1019]