Oakland Motorcycle Accident Attorney
With more than 433,000 residents in the city of Oakland, it is without any surprise that motor vehicle collisions frequently occur, including those that involve motorcycle riders. According to the California Office of Traffic Safety, a report for 2020 revealed that approximately 143 motorcyclists were involved in injury and fatal crashes in Oakland. If another party or entity is found at fault for a vehicle versus motorcyclist crash, they may be liable for damages incurred. Whether your motorcycle crash occurred on Broadway, Grand Avenue, Webster Street, or in traffic on I-580, I-880, or I-80, an experienced California personal injury lawyer understands your stress and frustration.
A skilled Oakland motorcycle accident lawyer from AutoAccident.com can help you seek maximum compensation for your losses. Contact our team of skilled and compassionate California personal injury attorneys for free, friendly advice on your potential case at (510) 631-0200 or (800) 404-5400.
Since 1982, our legal team from AutoAccident.com has protected the rights and best interests of our clients. We work hard to secure maximum financial recoveries for those we represent when another party or entity’s negligent actions derail their lives. We bring decades of combined experience in California personal injury law and litigating cases to the table. Our law office works hard to obtain successful verdicts and settlements on behalf of our clients. Schedule a free consultation with one of our motorcycle accident lawyers serving Oakland, California, today to learn how we can help you and your family through this difficult time.What are the Common Causes of Vehicle vs. Motorcycle Wrecks?
All too often, motorcycle accidents in Oakland and across California result from driver negligence. What is most unfortunate about these situations is that the motorcyclist is often the one that is left with emotional, financial, and physical consequences for another party’s negligent actions. Many factors may lead to a vehicle versus motorcycle collision on Oakland roadways. Some of the most common reasons for motorcycle crashes include the following:
- Faulty motorcycle parts and equipment
- Not watching for bikers who are lane splitting
- Tailgating or following motorcyclists too closely
- Failure to yield the right-of-way to motorcycle riders
- Unsafe road design or dangerous roadway conditions
- Vehicle occupants opening doors in front of motorcyclists
Faulty bike equipment and roadway defects pose a unique danger to motorcycle riders. These cases are challenging to navigate but not impossible when you have the best Oakland motorcycle accident attorney on your side. Therefore, be sure to work with an injury lawyer that has experience going against vehicle manufacturers and public agencies. The attorney you select should understand the complexities of government and product liability litigation in California.What Types of Losses are Recoverable in Motorcycle Crash Injury Claims?
Depending on the facts and circumstances that surround the vehicle versus motorcycle crash, an injured motorcyclist may seek reimbursement for economic and non-economic damages, such as:
- Costs of past and future treatment of injuries related to the incident
- Lost earnings and benefits for the time that was missed at work for a hospital stay, to seek medical treatment, or to recover from accident-related injuries
- Diminished earning potential if a biker is unable to return to work because of permanent injury or disability caused by the crash
- Mental anguish and emotional distress for the psychological toll the crash has had on an injured party’s life
- Loss of consortium if the incident has adversely affected a marital relationship, such as permanent disability from a spinal cord injury leading to the inability to conceive children
Helping injured motorcyclists and families of decedents is what our Oakland motorcycle accident lawyers do best at our law office. Since we have extensive knowledge of California personal injury law and the resources to work with experts in the field, we know what it takes to build a strong case for maximum compensation. Learn how we can help you and your family by watching this video.What Evidence Do You Need for a Motorcycle Crash Claim?
A thorough investigation into a vehicle versus motorcycle accident is essential for a personal injury claim or wrongful death action. That task is best left to an experienced attorney to handle. A lawyer will work to gather and preserve all evidence associated with the incident. This may include traffic incident reports by Oakland PD or the California Highway Patrol, medical records, video surveillance footage, photos of the crash site, expert witness testimony, and more.What Can an Attorney Do for You and Your Oakland Motorcycle Accident Case?
At AutoAccident.com, our legal team handles all aspects of cases from start to finish. When you hire us to handle your case, we will:
- Evaluate your motorcycle crash in a free consultation to determine if you have a viable claim
- Provide legal counsel, guidance, and support throughout the claims process and provide regular case updates
- Conduct a thorough investigation into the incident to determine how it occurred and identify the individual or entities responsible for the crash
- Collect and preserve evidence associated with a motorcycle accident that establishes liability and proves injuries are associated with the incident, such as traffic incident reports and medical records
- File a personal injury claim with the insurance company that represents the other side or your insurer through uninsured and underinsured motorist coverage
- Handle negotiations with the insurance carrier and defense counsel for a settlement agreement that is in your favor
- Use our resources to work with expert witnesses, such as motorcycle accident reconstruction experts and economists, when necessary to build a strong case for maximum financial compensation
- File the motorcycle accident case in civil court to protect the statute of limitations if a mutual settlement agreement is not reached with the insurer and defense counsel within the applicable deadline
These are just some of the many things our Oakland motorcycle accident lawyers do for our clients to hold the other side liable for the incident and the resulting damages.Oakland Motorcycle Accident FAQ
How does comparative fault affect a claim for a motorcycle crash?
All too often, negligent drivers and local law enforcement unfairly place blame on motorcyclists for contributing to a traffic collision or causing one. The truth of the matter is that most motorcycle riders are cautious and safe. However, even responsible and careful bikers are not protected from careless and negligent motorists. An at-fault party may pinpoint blame on a motorcyclist as a way of limiting their financial liability.
Under comparative fault laws in California, a party may be assessed for their contribution to an incident. For instance, if a motorcyclist is found 25 percent liable for a crash, their total award would be decreased by 25 percent. Insurers and defense counsel often use comparative fault to shift blame and reduce financial liability for a crash. Do not let this happen to you and retain legal counsel immediately.
Is there a deadline for motorcycle accident cases in California?
A time limit applies to motorcycle crash cases in the state of California. This is referred to as the statute of limitations. Failure to file a lawsuit within the deadline may result in the claimant losing the right to seek damages. The statute of limitations is two years for personal injury and wrongful death, according to the California Code of Civil Procedure Section 335.1. If a settlement agreement is not reached within that period, the case must be filed in civil court. This serves the purpose of protecting the statute and litigating the matter.
It is essential to know that a shorter statute of limitations is applicable to cases that name a government entity a defendant. For instance, if the defendant is a driver of a motor vehicle owned and operated by a city, county, state, or other public agency, there is a six-month statute of limitations. According to the California Government Code Section 911.2, claimants have 180 days to file a notice of claim. For more information, contact an experienced motorcycle accident lawyer serving Oakland, CA.
What if the other party does not have liability coverage?
If the other side did not have auto insurance at the time of the incident, the injured motorcyclist may turn to their insurer if they have uninsured motorist coverage. UM protection may pay for damages up to the limits of the plan. Aside from uninsured motorist coverage, an injured biker may have costs of treatment covered through their medical payments (med-pay) coverage up to the policy’s limits. For more information, contact a top-rated motorcycle injury attorney near you.Speak with a Motorcycle Accident Lawyer Serving Oakland, California
Our personal injury law office has been around since 1982. That means our legal team brings over 40 years of experience to the cases we handle. We have worked hard to secure maximum compensation on behalf of our clients through verdicts and settlements, and we can do the same for you and your Oakland motorcycle accident case. Contact our team of skilled and compassionate attorneys today to learn more about us and our services at (510) 631-0200 or (800) 404-5400.
Photo Source: By “Djordje Petrovic” on Pexels ds llo [cs 1572]