Receive just compensation for your motorcycle accident injuries in Alameda, CA
Motorcycle accidents can have devastating consequences, leaving riders with severe injuries and significant financial burdens. In California, where motorcycles are a popular mode of transportation, accidents can occur due to various factors, including negligent driving, hazardous road conditions, and vehicle collisions. At The Law Offices of Andrew Dosa, our motorcycle accident attorney in Alameda, CA, is dedicated to assisting motorcycle accident victims in California.
If you or a loved one have been involved in a motorcycle accident, it is crucial to understand your rights and options for seeking compensation for your injuries and damages. Our trusted legal team has in-depth knowledge of the complexities of motorcycle accident cases and understands the unique challenges riders face in seeking fair compensation.
We believe all accident victims deserve earnest representation and effective legal advocacy, especially when insurance companies attempt to shift blame or offer inadequate settlements. We aim to ensure you receive the justice and compensation you rightfully deserve. When you choose The Law Offices of Andrew Dosa, you gain a powerful ally in your pursuit of justice.
What is a Motorcycle Accident?
A motorcycle accident is a collision or incident involving a vehicle and a motorcycle. It occurs when a motorcycle, often ridden by one or two individuals, comes into contact with another automobile, object, or pedestrian, resulting in damage, injuries, or even fatalities. Motorcycle accidents can happen on highways, streets, intersections, or any other roadways where motorcycles are in use.
What are the Most Common Causes of Motorcycle Accidents in California?
The risks associated with motorcycle accidents are widely acknowledged. Unlike car drivers, motorcyclists have minimal protection in case of a crash, making them vulnerable to severe injuries or even fatal consequences. Several factors contribute to motorcycle accidents, with one of the primary causes being driving under the influence of alcohol or drugs. Additionally, other significant factors that lead to motorcycle accidents include:
- Exceeding the speed limit
- Lack of driving or biking experience
- Dangerous road conditions
- Making unsafe lane changes or improper turns
- Driving with distractions or recklessness
- Motorcycles with malfunctions or defects
- Limited visibility due to various factors
- Falling while trying to avoid a collision with an object
- Engaging in lane splitting (riding between lanes)
Although lane splitting is prohibited in many states, California permits this practice. As a result, other drivers must accommodate and prioritize the safety of motorcycle riders on the road. However, despite this allowance, unfortunate lane-splitting accidents leading to severe injuries for motorcyclists remain prevalent in California.
Our trusted Alameda motorcycle accident lawyer is frequently sought after for handling various other types of accidents, including:
- Accidents involving left-turn maneuvers
- Collisions caused by failure to yield the right of way
- Hit-and-run incidents
- Multi-vehicle collisions
- Accidents occurring at intersections
- Head-on crashes
- Rear-end collisions
- Collisions while merging lanes
- Side-impact or T-bone collisions
If you find yourself in a motorcycle accident, do not hesitate to call our motorcycle accident attorney in Alameda, CA, at The Law Offices of Andrew Dosa. We are prepared to take on insurance companies and have a successful history of assisting injured motorcyclists in obtaining the rightful compensation they deserve.
What are the Common Motorcycle Accident Injuries?
Motorcycle accidents can lead to various injuries, and due to the limited protection motorcycles offer compared to cars, some of these injuries can be quite severe. Below are some common types of injuries resulting from motorcycle accidents:
This injury happens when a rider skids across the road after falling from their motorcycle. Depending on its severity, road rash can cause significant skin damage and infections, leaving permanent scars.
This category includes concussions, traumatic brain injuries (TBI), and skull fractures. Wearing a helmet can considerably reduce the risk of severe head injuries.
Spinal Cord Injuries
These injuries can vary from mild strains to paralysis, depending on their location and severity. In the worst cases, they can lead to permanent disability.
Motorcycle accidents often result in broken bones due to the crash’s impact. Commonly fractured bones include collarbones, wrists, arms, and legs.
That refers to nerve damage in the arm caused when a motorcyclist uses their arm to break a fall during an accident.
Leg and Foot Injuries
These injuries involve fractures, sprains, and leg and foot cuts. While not usually life-threatening, they can be incapacitating.
The impact of a crash can cause internal damage to organs, blood vessels, or the abdomen. These injuries can be life-threatening and require immediate medical attention.
These can occur when a rider’s face comes into contact with the road, another vehicle, or debris. They can range from minor cuts and bruises to severe lacerations and jaw or facial fractures.
This category includes whiplash, a common injury caused by the sudden force of impact, and more severe injuries like neck fractures.
Motorcycle accidents can also lead to psychological injuries, such as post-traumatic stress disorder (PTSD), anxiety, and depression.
The most effective approach to avoid these injuries is by adopting safe riding practices, consistently wearing a helmet and protective gear, and adhering to traffic regulations.
What Do I Do Following a Motorcycle Accident in California?
After an accident, motorcyclists may find themselves in pain, unconscious, or unable to move. If you can, try to do the following after a motorcycle accident:
- Stay composed and calm.
- Move to a safe location.
- Check yourself for any injuries.
- Call emergency services for assistance.
- Document the details of the accident (e.g., note the contact information of all parties involved and take photos of the accident scene)
- Refrain from admitting fault at the scene.
- Contact a personal injury attorney for guidance.
Who Can Be Held Liable for My Motorcycle Accident Injuries?
If an accident occurs, victims may seek to hold the following parties accountable:
- Drivers who acted negligently
- Employers of at-fault drivers
- Manufacturers responsible for product defects
- Property owners involved in the accident
- Public entities like cities or states because of poorly maintained roads
- Construction contractors, in some cases
Even when a motorcycle accident is partly the victim’s fault, they might still be eligible to receive compensation for the damages they experienced. California follows a comparative fault system, which means injured bikers involved in a motorcycle accident can recover a reduced percentage of their damages.
The amount of compensation depends on the percentage of fault assigned to the motorcyclist for the accident. That indicates that even if a motorcyclist is found to be 99% at fault for the accident, they could still receive partial compensation for the damages they suffered.
What If I Was Not Wearing a Helmet During My Motorcycle Accident?
In California, the law follows a principle called comparative negligence. That means if someone is injured in an accident, they might share some blame for the incident or their injuries. However, they can still pursue compensation with the assistance of a motorcycle accident lawyer from The Law Offices of Andrew Dosa.
For instance, California requires all motorcycle drivers and passengers to always wear helmets. If you were riding a motorcycle and got into an accident resulting in injuries, you might be considered partly responsible if you were not wearing a helmet.
Despite this, California’s comparative negligence rule allows you to seek compensation even if you were injured in a motorcycle accident and were not wearing a helmet then. With the support of our motorcycle accident lawyer, you can still pursue your rightful compensation.
What If I Did Not Have Any Insurance?
If the other party is responsible for the accident, you can still pursue compensation for your injuries, although you did not have insurance at the time of the motorcycle accident. However, the recompense you can claim may be limited due to the absence of liability coverage.
In California, all drivers must carry liability insurance for cars and motorcycles. This insurance covers injuries to another person if you are at fault in an accident. If you were injured in a motorcycle accident and didn’t have insurance but were not at fault, there would still be consequences for not having insurance.
You won’t be able to seek compensation for pain and suffering, but you can still claim compensation for economic damages, which include property damage, medical bills, and lost wages.
If you find yourself in this situation wherein you did not have insurance at the time of the accident but are not at fault, don’t hesitate to call our personal injury lawyers at The Law Offices of Andrew Dosa. We offer a free consultation to discuss your case and help you understand your options.
What is California’s Statute of Limitations for Motorcycle Accident Injury Claims?
In California, you generally have two years from the date of the motorcycle accident to file a personal injury lawsuit seeking compensation for your injuries and damages. This period is known as the statute of limitations. However, some exceptions may apply, which could either lengthen or shorten the statute of limitations period.
For example, if a government entity is involved in an accident, the time frame to file a claim might be shorter. Additionally, the statute of limitations may be extended if the injured person is a minor or discovers the injury’s connection to the accident later.
It is essential to consult our knowledgeable personal injury attorney to get accurate and specific legal advice for your situation. Verify law changes with us or check the most recent California statutes.
How Can I Prove Negligence in My Motorcycle Accident Injury Claim?
If you file a personal injury lawsuit after a motorcycle accident, your case will likely involve a claim against the at-fault driver for negligence. Negligence refers to not acting with the level of care that a reasonable person would have shown in similar circumstances. In California, a standard negligence claim consists of five essential elements.
An “element” is a crucial part of a legal claim. If your motorcycle accident injury attorney cannot establish all of these elements with enough evidence, your claim may not be successful.
Duty of Care
The defendant must have a legal obligation to act specifically toward the injured motorcyclists. In a motorcycle accident involving a passenger vehicle or commercial truck, the “defendant” would be the driver responsible for the accident.
Generally, drivers of passenger vehicles and commercial trucks have a legal duty to exercise reasonable care when sharing the road with motorcyclists.
Breach of Duty
The driver must have failed to fulfill their duty of exercising reasonable care. If a driver violates a traffic law and collides with a motorcyclist, the court may presume that the driver breached their duty of care under a legal concept recognized in California called “negligence per se.”
The injured motorcyclist needs to demonstrate that the driver’s actions directly led to their injuries and other damages. That is sometimes called “but-for” causation because the motorcyclist must show that without the driver’s actions, their injuries and losses would not have happened.
In a motorcycle accident case, the driver will be held legally and financially liable only for the harm the motorcyclist suffered, which was a foreseeable consequence of the accident.
In California, when it comes to most motorcycle accident lawsuits, severe injuries are considered foreseeable outcomes of negligent driving, and this establishes what is known as “proximate cause.”
The injured motorcyclist needs to provide evidence that the motorcycle accident resulted in harm that is legally acknowledged. This harm usually includes bodily injuries, financial losses, or damage to their motorcycle and other belongings.
Our skilled Alameda motorcycle accident attorney will collect evidence from all the parties involved in the accident, including law enforcement officers, medical providers, and other experts. This evidence will be used to support your case and prove that the driver responsible for your injuries acted negligently.
With our knowledge of California motorcycle law, we will guide you through the entire process. We are here and prepared to assist you in every step of your case.
What is My Motorcycle Accident Injury Claim Worth?
Each traffic accident is unique, making it challenging to predict the exact amount of compensation you could receive in an insurance settlement or court judgment. However, motorcycle accidents often result in more severe consequences for the victims, leading to potentially higher settlements.
These accidents may cause significant injuries that require extended medical care and may prevent you from working and providing for yourself and your family. If you sustain a permanent disability due to a motorcycle crash, your personal injury lawyer will seek a fair amount that considers the hardships you will face throughout your lifetime.
As a general guideline, the greater the impact the accident has on your daily life, and the longer your injury persists, the more compensation you may be entitled to. Several other factors will play a role in determining the amount you receive in an insurance claim:
- Physical and Emotional Suffering
- Lost Wages
- Driver’s Insurance Limits -The at-fault driver’s insurance coverage can impact the final compensation amount. Basic insurance policies have caps on payouts, which might not cover all your medical expenses.
- The Skill of Your Personal Injury Lawyer- The skills of your chosen lawyer can significantly affect the compensation you receive. A trusted lawyer with a successful track record will be proficient in negotiation and litigation, securing higher support for you. They will accurately assess your recovery costs and ensure you have the means to cover those expenses. Additionally, they can identify other parties liable for the accident and pursue compensation from multiple sources to ensure your needs are met now and in the future.
What Compensation Can I Expect for My Motorcycle Accident Injury Claim?
If you suffer injuries from a motorcycle accident, our legal team is here to assist you in pursuing compensation for various losses. You may be entitled to receive compensation for the following:
- Medical expenses directly related to the injuries
- The cost of future medical care
- Lost wages due to time away from work
- Reduced future earnings due to the injuries
- Property damage
- Non-economic damages affecting your loved ones, like loss of companionship or emotional support
Contact our California motorcycle accident lawyer at The Law Offices of Andrew Dosa for a complimentary consultation regarding the compensation you might qualify for following a motorcycle accident.
Can I Seek Punitive Damages in My California Motorcycle Crash Case?
In a personal injury case for a motorcycle accident, there are situations where punitive or exemplary damages might be possible. If the jury determines that the other party acted in an extremely reckless manner, such as driving under the influence or excessively speeding, the injured motorcyclist may be awarded punitive damages.
Exemplary damages differ from non-economic and economic damages, as their primary purpose is to punish the at-fault party for their grave misconduct or gross negligence.
Why Do I Need a Motorcycle Accident Attorney in California?
Although having a lawyer to handle your motorcycle accident claim in California is not mandatory, motorcyclists must be cautious when relying solely on insurance adjusters for financial support. Insurance companies sometimes perpetuate old stereotypes about “reckless motorcyclists” and may try to shift blame to the rider, even if the police accident report says otherwise.
Our skilled motorcycle accident attorney in Alameda, CA, conducts thorough investigations on behalf of our clients to hold insurance companies accountable. Otherwise, these companies might leave motorcycle accident victims responsible for a significant portion of their medical expenses out of their own pockets.
It is crucial to ensure that insurance companies take responsibility for covering all recovery costs and lost income a victim experiences. Our legal team closely monitors all communication with insurance companies to ensure you receive a fair settlement that safeguards your financial well-being now and in the future.
Moreover, our personal injury lawyer is a strong reminder to insurance companies that they could face legal proceedings if they are unwilling to offer a fair settlement. This approach can potentially lead to thousands of extra dollars in a settlement award as insurance adjusters seek to avoid going to court.
Work With Our Experienced Alameda Motorcycle Accident Attorney Today!
At The Law Offices of Andrew Dosa, we are more than just a law firm. We are your advocates, partners, and dedicated support system after a motorcycle accident. Our commitment to excellence and profound understanding of California’s legal landscape sets us apart.
When you choose us, you are not just hiring personal injury attorneys. You gain a team that will relentlessly pursue justice on your behalf. Do not let the financial and emotional burdens of a motorcycle accident overwhelm you. Take action now, and contact our firm to schedule a free consultation, and let us evaluate your case.
Our trusted motorcycle accident attorney in Alameda, CA, will guide you through the legal process, answer all your questions, and provide the guidance you need to make informed decisions. Remember, time is critical in these cases, so call us today. With The Law Offices of Andrew Dosa on your side, you can rest assured that your rights will be protected.
Our law firm can also assist you with Criminal Defense, Estate Planning, and Civil Litigation. Trust in our experience, dedication, and unwavering commitment to obtaining justice for you. Together, we will pave the way for a brighter and more secure future.