How to File a Motorcycle Accident Lawsuit in Oxnard
Since the end of World War II, motorcycling has been a popular form of recreation in America. As fun as motorcycles may be for thrill seekers and enthusiasts alike, they are not free from the risks of accidents while on the road.
In fact, if a motorcyclist were to get in an accident, they may be more susceptible to sustaining catastrophic injuries than a car passenger would. The National Highway Transportation and Safety Administration (NHTSA) reports that 5,579 motorcyclists were involved in fatal accidents in 2020. Motorcycle riders are overrepresented in fatal motor vehicle crashes.
Many factors may lead to a motorcycle crash. However, one of the most common causes of motorcycle accidents is negligent motorists. In these cases, motorcycle accident victims can take legal action against the at-fault party to recover financial compensation for their injuries and damages.
In this article, we will discuss:
- Most common causes of motorcycle accidents
- How to file a motorcycle accident lawsuit in Oxnard, CA
- How do motorcycle accident lawsuits help accident victims
- Recoverable compensation in an Oxnard motorcycle accident lawsuit
Most Common Causes of Motorcycle Accidents
Motorcycle mishaps can result from many incidents. It is beneficial to be aware of the most common causes of motorcycle accidents to stay more vigilant while on the road. These include:
A common cause of motorcycle accidents is speeding. This is because speeding decreases a vehicle driver’s ability to quickly notice and respond to an oncoming road hazard. Additionally, the high velocity of a vehicle can result in severe injuries due to the force of impact from another motor vehicle.
Driving Under the Influence
Driving while under the influence of alcohol and drugs is a big contributing factor to motorcycle accidents. The National Safety Council (NSC) reports that 27.35% of motorcycle accident deaths in 2020 involved a drunk driver. Driving while under the influence can significantly impair a driver’s judgment, regardless of their perceived level of experience with such substances.
California is the only state in America that allows lane splitting. Some research suggests that lane splitting enhances road safety and alleviates traffic. Despite this research, lane splitting has still been found to cause traffic collisions, most especially in heavily congested roadways.
Dangerous Road Conditions
Poor road conditions, such as uneven roads, inadequate lighting, and insufficient signage, can increase the risk of accidents. As a result, motorcyclists may be caught off guard, leading to sudden and potentially unsafe actions.
When drivers follow other vehicles too closely, or tailgate, it often leads to rear-end collisions. These accidents can cause significant damage and injury to motorcyclists who may be unable to stop quickly enough to avoid a collision.
Distracted drivers pose a significant risk to motorcyclists, as 80% of all collisions involve some form of driver distraction. This increases the likelihood of motorcycle accidents and puts riders in greater danger.
Cars Making a Left-Hand Turn
Accidents involving motorcycles commonly occur because they go unnoticed by vehicle drivers. Careless drivers may cause motorcycle accidents when they make turns and fail to notice an oncoming motorcyclist, leading to a head-on collision. The major cause of these traffic accidents includes misjudging distance, violating right-of-way, and negligent driving.
New riders who have limited experience on the road have a higher likelihood of making dangerous choices. Therefore, it is essential to instruct all new riders about safe practices and responsible driving.
Motorcyclists must keep their motorcycles in top working condition at all times. If a defective motorcycle part was the cause of an accident, the manufacturer may be held liable for the injuries and damages suffered by the accident victim.
How to File a Motorcycle Accident Lawsuit in Oxnard, CA
As previously mentioned, if you were involved in an Oxnard motorcycle accident due to the actions of another party, you may file a motorcycle accident lawsuit against the at-fault driver. The following are some general steps to follow when filing a motorcycle accident lawsuit in Oxnard:
1. Contact the police – Immediately after an accident, you must contact local authorities. A police officer must be present at the accident scene to file a detailed traffic collision report. Procure the number of your accident report as this may be essential to file a strong claim.
2. Seek medical attention – You must seek medical care after an accident. Even if you feel that you have not suffered any major injuries, it is still important to get checked out by a medical provider as soon as possible. Internal injuries that are left untreated may lead to long-term health issues.
3. Document the accident – Collect as much evidence as possible, such as photos and videos of the accident scene, the vehicles involved, any injuries you sustained, and other important details, such as skid marks, signages, lighting, and more.
4. File a personal injury claim – You may file a motorcycle accident claim with the responsible party’s insurance company. This claim should include a demand letter outlining the damages you are seeking.
5. Negotiate a settlement – The insurance company will typically make a counteroffer. An experienced motorcycle accident lawyer will negotiate on your behalf to try to reach a fair settlement.
6. File a motorcycle accident lawsuit – If a settlement cannot be reached between the two parties, your motorcycle accident attorney may file a personal injury lawsuit on your behalf. This will initiate the legal process, and your case will be heard in court.
7. Hire an experienced motorcycle accident attorney – One of the most important steps when starting the process of filing a motorcycle accident lawsuit is to seek legal representation. A knowledgeable personal injury lawyer will guide you through the complex claims process in Oxnard. Your motorcycle accident lawyer will also represent you if your claim goes to court.
How Do Motorcycle Accident Lawsuits Help Accident Victims
Motorcycle accidents can cause debilitating injuries and significant property damage. Not only does this amount to significant financial losses, but this also affects the quality of life of the accident victim.
Motorcycle accident lawsuits enable accident victims to recover fair compensation for the injuries and damages suffered. This compensation can help the victim cover their expenses and move forward with their life.
Filing a lawsuit also holds the at-fault party responsible for their actions. This can help bring a sense of justice to the victim and prevent similar accidents from happening in the future.
Although the legal process of a motorcycle accident lawsuit can be stressful and overwhelming at times, an experienced lawyer can handle the complexities of the case while the victim can focus solely on their recovery.
With a lawsuit file, a victim may be provided with the closure they need to move on from the traumatic incident.
Compensatory Damages in an Oxnard Motorcycle Accident Lawsuit
The amount of compensation one may recover in a motorcycle accident claim will depend on certain factors of your case. As the injured party, you may be entitled to the following economic or non-economic damages:
- Medical expenses
- Hospital bills
- Property damage
- Physical therapy
- Loss of income
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of quality of life
- Loss of consortium
- Punitive damages
If the accident results in the wrongful death of a loved one, you may be eligible to file a wrongful death claim on their behalf and recover the rightful compensation owed for their injuries and damages.
Injured in a Motorcycle Accident? Hire an Award-Winning Motorcycle Accident Lawyer Today!
If you or a loved one have been injured in a motorcycle accident in Oxnard, California, you may be entitled to financial compensation for your injuries and damages.
Motorcyclist Attorney’s aggressive team of legal experts, doctors, and case managers are committed to helping motorcycle injury victims get the best medical care and maximum compensation they deserve.
We work on a contingency fee basis, which means you won’t need to pay us a single cent unless we win your case. We are passionate about helping YOU.
Contact our Oxnard team at (805) 303-2992 for a free, no-obligation consultation. We are available 24/7, anywhere in California!