California has over 808,000 registered motorcycle riders in the state, the highest in the country. Unfortunately, motorcycle rider deaths account for over 15% of vehicle accident fatalities. Unlike the driver and passengers in a car or SUV, the motorcyclist rides out in the open. Without the protection of thousands of pounds of metal, plastic, and rubber, a motorcycle doesn’t stand a chance against a passenger car. If you have been in a motorcycle accident due to the negligence of another driver on the road, a motorcycle accident lawyer Irvine can help you fight for justice and will seek the compensation you deserve for your damages and other losses.
The motorcyclist doesn’t have much protection in an accident, from catastrophic injuries that can be caused by a distracted driver in a much larger vehicle. Even a responsible and cautious motorcyclist can have difficulty avoiding an accident with a distracted or intoxicated motorist on the road.
The Irvine motorcycle accident lawyers at MVP Accident Attorneys have a deep understanding of the dynamics of a motorcycle collision and know just how vulnerable a motorcyclist is when an accident occurs. To prove negligence, an attorney must investigate this type of accident as soon as possible.
From negligent drivers to defective tires and inclement weather conditions, there are several ways you may become involved in a life-threatening accident. While motorcyclists can protect themselves by driving defensively on the road, keeping their motorcycle maintained, and wearing a helmet, the reality is, motorcycle riders typically do not have much control over a collision.
Although motorcyclists have earned a bad rap for riding recklessly, speeding, and careless lane splitting, the truth is, negligent drivers also play a crucial role in these types of crashes.
Here are some common causes of motorcycle accidents that can be directly linked to the negligence of other drivers on the road:
Injuries sustained in a motorcycle accident can be severely debilitating. Depending on the severity of the injuries, a motorcyclist may be unable to return to work for several weeks or months.
If the accident was due to the negligence of a third party, California law allows the accident victim to pursue damages for:
Typical injuries reported by motorcyclists after an accident include:
If you have been seriously injured in an accident, it’s important to meet with a California motorcycle accident lawyer who has trial experience. An insurance company will be far more likely to offer fair compensation if they know the accident victim’s attorney is prepared to take the case to trial. Following a crash, don’t delay obtaining legal advice. The experienced trial lawyers at MVP Accident Attorneys strongly advocate for their clients and will seek maximum compensation from the driver responsible and their insurance company.
To receive compensation in a motorcycle accident lawsuit, a lawyer must prove the other driver is liable. In a personal injury claim, the attorney must prove the other driver is liable for the accident based on the concept of negligence. An attorney must show that the defendant behaved negligently or irresponsibly, and their actions resulted in an accident.
The first aspect of proving negligence is proving that the defendant had a duty of care. All motorists have a legal obligation to keep other motorists reasonably safe.
A lawyer must also prove that the defendant breached their duty of care. For example, in a motorcycle accident, a driver will have breached their duty of care if they were driving dangerously or irresponsibly by failing to notice the motorcycle or by violating traffic regulations.
The next step is showing that the breach of duty caused the accident victim’s injuries.
The final part of proving negligence in a motorcycle accident is showing the court the extent of damages and injuries the victim sustained.
Medical records are an ideal way to prove the severity of the accident victim’s injuries. If the motorcycle was totaled in the accident, written estimates that detail the cost to repair the motorcycle, and photos of the damage can prove to the court the extent of damage that the accident caused.
A statute of limitations is the length of time that a court will allow the accident victim to file a claim from the date of the accident. In a motorcycle accident claim in California, the statute of limitations is two years for a personal injury claim and three years for a damaged property claim. If you fail to file past the deadline, the court may throw out your claim. If your claim is thrown out, you will not be eligible to receive compensation for your injuries and other damages.
Immediately following a motorcycle accident, you must remain calm. The actions you take following the accident will have a major impact on your claim.
If you’ve been injured, the first step is contacting 911 immediately. If you have not sustained obvious injuries, it will still be important to have police officers on the scene to write up an accident report. Never leave the scene before the police have arrived.
Get the insurance and contact information from all of the parties involved.
Write down all information regarding the vehicles involved in the accident, including license plate numbers and the makes and models of each vehicle.
If there were eyewitnesses, collect their contact information as well. Your attorney will want to obtain their statements, which can help strengthen your claim.
Take photos of the accident, including damage to all vehicles involved, the condition of the roads, traffic lights and signs, and photos of any injuries you sustained.
Once you have been cleared to leave the scene, seek medical attention immediately.
If you decide to pursue a claim, contact an experienced Irvine motorcycle accident attorney as soon as possible. The knowledgeable lawyers at MVP Accident Attorneys can help. We have a proven track record for fighting aggressively for our clients and taking on extremely complicated cases. We will take on insurance companies, the defendant’s attorney, and will work tirelessly to ensure you receive the compensation you deserve for your injuries and other damages. Call our office today to schedule a consultation and find out how our top motorcycle accident lawyers can help.