Natomas Motorcycle Accident Attorney
California has over 800,000 registered motorcycles, and more than 11,000 motorcyclists are injured in accidents yearly. Even worse, nearly 1,000 motorcyclists are killed in these collisions. According to the U.S. Department of Transportation, 80 percent of motorcycle accidents result in injury or fatalities.
Unfortunately, few people walk away from a motorcycle collision without injury. Where motorcycle accident victims do survive, their injuries are often severe and debilitating. Like bicycle accidents, motorcycle accidents result most commonly from motorists’ failure to share the road with bikers and motorcycle owners.
The results of a motorcycle accident are often catastrophic. This is due to the relatively little protection motorcycles offer in crash situations and the high speeds at which accidents commonly occur. Unlike bicycle accidents, where cyclists rarely exceed fifteen to twenty miles per hour, motorcycle accidents typically happen closer to the local speed limit.Common Injuries from Vehicle Versus Motorcycle Wrecks
When a motorcyclist is hit by a larger vehicle like a sedan, a pickup truck, an SUV, etc., the motorcyclist usually endures the worst damage. This is primarily because they are exposed to the full impact of the collision. Some of the worst injuries include:
- Amputation of a limb
- Traumatic brain injury
- Multiple broken bones
- Nerve damage
- Torn ligaments
Watch the YouTube video below to learn more about the statistics of common motorcycle accidents.Establishing Negligence Critical for Achieving Success
Most motorcycle accidents are preventable and only occur because a motorist was negligent. Drivers of motor vehicles often forget that they have a legal duty to share the road with motorcycles and take caution when they are around.
Drivers often fail to see motorcycles and do not notice them until it is too late to prevent a crash. Or, even worse, the driver of a vehicle is intoxicated or texting while driving, which is what caused the collision. These types of accidents result from what is legally known as negligence.
Negligence is defined as a wrongful act or a dereliction of a duty that deviates from a reasonable standard of care. Where an accident was preventable and would not have occurred had the driver of a vehicle taken appropriate precautions, the collision victim can recover financial compensation for their injuries.Potential Financial Compensation
Serious injuries often create a significant financial burden for accident victims. Motorcycle accident survivors often require extensive medical care, which means sky-high emergency room bills and being forced to take time off work to recover. Fortunately, you can pursue financial restitution for these harms and losses.
The California legal system recognizes these post-accident financial realities and allows injured motorcyclists to reimburse their incurred and future medical expenses. These expenses typically include treatment at the emergency room and follow-up visits with your primary care physician and physical therapist. They can also include the cost of any surgeries you have to endure and pain medications you may have to take.
Along with medical expenses, you can seek reimbursement for your lost wages. Any wages you would have earned had it not been for the motorcycle accident can be recovered. Moreover, if a disability results and you cannot return to work, you can seek future wages.
You can also pursue monetary compensation for the pain, suffering, and emotional trauma often endured in these accidents. Motorcycle accident victims may suffer post-traumatic stress disorder and other inconveniences that warrant compensation.How Comparative Fault Can Affect a Motorcycle Crash Case
If the evidence indicates that you were partly at fault for causing the accident, you can still pursue a personal injury claim. This is because California has adopted a pure comparative negligence system when assessing the award of monetary damages.
Comparative negligence means that each defendant is only liable for their percentage of fault. The injured motorcyclist can still recover monetary damages, even if they contributed to the accident. Any award of damages for a motorcyclist will then be reduced by their own percentage of fault.
For example, if you have $200,000 in damages from a motorcycle accident and a jury determines you are 25 percent at fault for the collision. Your monetary award would be reduced by 25 percent (which translates to a potential recovery of $150,000).Natomas Motorcycle Accident FAQ
Who is responsible for the injuries or death of a motorcyclist?
Anybody or entity that causes a motorcycle accident through wrongful conduct can be held liable for the motorcyclist's injury or death. This includes other drivers, government agencies, part manufacturers, repair shops, or private or public property owners.
Why do I need a motorcycle accident lawyer?
While the potential legal recovery for motorcycle accident victims is potentially significant, you will first need to file a claim to start working toward attaining any financial compensation, either through a settlement or jury verdict. This means you need to take action and contact an injury attorney right away.
In California, there is a two-year time limit to filing a claim. The statute of limitations for this type of claim is two years from the collision date. And it can be even shorter if you were involved in a collision with a vehicle owned by the city or state. In that scenario, you only have six months to notify the city or state entity that you are planning to pursue compensation through a personal injury claim.
When should I file my motorcycle accident injury case?
You have two years from your accident date to file a claim. If the lawsuit is against a government employee or agency, the period is only six months. If you are a minor, you'll have until your 19th birthday to bring a claim, unless it's a government claim, then it's within six months of the accident. These time limits can vary under different circumstances, so it's essential to consult with an experienced motorcycle accident attorney as soon as possible.
Call a Motorcycle Accident Lawyer in Natomas, CA
If you or a loved one has been hurt by a negligent driver, please call our experienced Natomas motorcycle accident attorneys at (916) 921-6400 or (800) 404-5400 for compassionate, free, and friendly advice. We are also available online at AutoAccident.com.
We have been serving the Natomas and Northern California community since 1982 and have dedicated our careers to helping people injured in accidents.
Editor’s Note: updated [cha 7.18.23] sb Rey [cs 1107 bw] Photo by ab