Just like any motor vehicle, motorcycles are also prone to accidents. The National Highway Traffic Safety Administration (NHTSA) reports over 5,000 motorcyclist fatalities in road accidents in 2020. These fatal motorcycle accidents accounted for 14% of all traffic fatalities in that year.
Some road accidents cannot be avoided. However, many are caused by motorist negligence. In this case, motorcycle accident victims may file a personal injury claim to get justice and recover the financial compensation they need and deserve.
To file a strong and valid motorcycle accident claim, it is in a motorcycle accident victim’s best interest to hire a California motorcycle accident lawyer to help them navigate the complex legal process.
This article covers the following:
- Common injuries in motorcycle accidents
- Can you recover compensation after a motorcycle accident?
- Recoverable compensation for a motorcycle accident
- How can a California motorcycle accident lawyer help you?
Common Injuries in Motorcycle Accidents
Due to insufficient protection, motorcyclists are more prone to sustaining severe injuries than passenger car occupants when involved in a traffic collision. Studies indicate that the majority of fatal and debilitating injuries occur when the front of the motorcycle is impacted.
Some of the most common motorcycle accident injuries include:
Traumatic Brain Injuries
A traumatic brain injury or TBI is the result of a violent blow or jolt to the head or body. TBIs may also occur due to an object piercing through brain tissue. A report from the NHTSA shares that 15% of hospital-treated helmeted motorcyclists suffered head injuries. Despite this number, motorcycle helmets still protect riders and save lives. California Vehicle Code §27803 states that all motorcycle riders and passengers are required to wear a U.S. DOT-compliant helmet when riding a motorcycle.
Fractures
When riding a motorcycle, it is common for the vehicle to tip over in an accident due to a lack of stability. This can occur suddenly and cause the motorcycle rider’s leg to become trapped under the bike. Additionally, attempting to prevent a fall by using one’s hands to break the impact can result in broken bones.
Internal Injuries
Blunt-force trauma (caused by a hard blow that doesn’t break the skin) and penetration trauma (caused by a sharp object like broken glass or debris that penetrates the skin) can both lead to damage to internal organs and internal bleeding.
Spinal Cord Injuries
This type of injury is common in rear-end collisions. When the impact of a collision causes damage to the spinal cord, this may lead to paralysis (paraplegia or quadriplegia). This catastrophic injury may result in permanent disability for victims of motorcycle accidents.
Road Rash
During a crash, if a rider’s body makes contact with the road surface, they can get skin abrasions known as “road rash”. The injury can be mild or severe, requiring medical attention. However mild, road rash is highly prone to infections and can result in permanent scarring.
Lower-Extremity Injuries
According to a study conducted by the NHTSA on motorcycle crashes, riders are more likely to sustain lower-extremity injuries than any other type of injury. Among these injuries, leg injuries were the most frequent, and bone fractures were more common than soft-tissue injuries.
Can You Recover Compensation After a Motorcycle Accident?
Simply put, yes. A motorcycle accident victim may recover compensation after an accident if they were not at fault. If an accident was caused by the negligence or recklessness of an at-fault driver, the injured rider may be entitled to compensation for their injuries, medical bills, loss of income, pain and suffering, property damages, and more.
To recover fair compensation for injuries and damages, an injured party will need to file a motorcycle accident claim with the at-fault party’s insurance company.
Under California’s “pure” comparative negligence rule, even if the accident victim was partially at fault for the accident, they may still recover an insurance settlement. However, the percentage of fault will reduce the amount of recoverable compensation.
Recoverable Compensation for a Motorcycle Accident
Accident victims may find their quality of life drastically changed after their motorcycle collision. They may be affected not only by physical pain but by emotional trauma and mental distress as well. The injured party may find themselves dealing with extensive medical bills and a strenuous road to recovery.
The injured party may be entitled to the following economic and non-economic damages:
- Medical care expenses
- Hospital bills
- Property damage
- Physical therapy
- Loss of wages
- Loss of earning capacity
- Other financial losses
- Pain and suffering
- Emotional distress
- Mental trauma
- Scarring or disfigurement
- Loss of quality of life
- Loss of consortium
- Punitive damages
How Can a California Motorcycle Accident Lawyer Help You?
The claims process after a motorcycle accident can be complex, especially when you are trying to recover. A California motorcycle accident lawyer can be a valuable resource for a motorcycle accident victim seeking to recover compensation for their physical injuries and damages. Here are some ways in which a lawyer can help:
1. Investigating the accident – A personal injury lawyer with legal experience in motorcycle accident injury claims can thoroughly investigate the accident to determine who was at fault, what caused the accident, and whether any laws were violated. This can involve collecting evidence and medical records, interviewing witnesses, and working with accident reconstruction experts.
2. Negotiating with insurance companies – Insurance companies may try to offer a low settlement or deny an insurance claim outright. A lawyer can negotiate with the insurance company on the victim’s behalf to ensure they receive a fair settlement.
3. Calculating damages – An experienced motorcycle accident lawyer can help the victim understand the full extent of their monetary damages, including medical expenses, lost wages, and pain and suffering. They can also work with experts to determine the victim’s future medical and financial needs.
4. Filing paperwork and meeting deadlines – There are many deadlines and procedural requirements involved in filing a personal injury claim. A motorcycle accident lawyer in California can ensure all paperwork is filed on time and in compliance with the statute of limitations.
5. Representing the victim in court – If a settlement cannot be reached with the at-fault driver’s insurance provider, a motorcycle accident attorney may file a personal injury lawsuit, represent the victim in court and argue their case before a judge or jury.
Overall, a California motorcycle accident lawyer can help a victim navigate the legal system, protect their rights, and ensure they receive the compensation they deserve.
Injured in a Motorcycle Accident? Hire an Award-Winning California Motorcycle Accident Lawyer Today!
If you or a loved one have been injured in a motorcycle accident due to the negligent actions of another driver, you may be entitled to compensation for your injuries and damages. You must hold the at-fault party responsible.
At Motorcyclist Attorney, we are dedicated to helping injured motorcyclists receive the proper medical care they need and the maximum compensation they deserve. Our experienced motorcycle accident attorneys, doctors, and case managers are here to help. We will win you the justice you deserve.
We work on a contingency fee basis and offer our clients a No Fee Guarantee policy. This means you won’t need to pay us a single cent unless we win your case!
Contact us at (844) 284-9437 for a free, no-obligation consultation. We are available 24/7!
