California Motorcycle Accident Lawyers

Effective Representation from Dedicated Motorcycle Accident Lawyers

Motorcycle riders involved in a collision with an automobile, bus, or truck are at risk of serious injury or wrongful death. Studies conducted by the National Highway Traffic Safety Administration have found that motorcyclists are nine times more likely to be injured in an accident than the occupant of an automobile and 37 times more likely to be killed than a person in a car in the same crash.

Even with the high potential for motorcycle riders to suffer serious injuries due to driver negligence, insurance companies are still quick to blame injured victims. Insurers often try to argue that motorcyclists are to blame or are at least partially at fault so they can deny or reduce compensation.

However, motorcycle accident lawyers are familiar with how insurers try to treat motorcycle accident victims. If you have been hurt in a crash, you need the assistance of injury lawyers in California who understand the unique issues that must be addressed in accidents involving motorcycles.

People in need of a motorcycle accident attorney in California trust James McKiernan Lawyers to provide sound legal advice and high-quality professional representation to help them recover compensation for their personal injuries caused by a careless, reckless, or negligent driver.

We realize that being injured in a motorcycle accident can have life-changing consequences for victims. For this reason, our legal team is passionate about ensuring that negligent parties are held accountable for their actions.

Contact our law firm today to schedule a free initial consultation so that we may discuss your case and determine what legal options are suitable for you.

Why Should I Hire a California Motorcycle Accident Attorney to Help Me File a Personal Injury Claim?

One of the most significant legal issues most injured motorcyclists face is dealing with the other party’s insurance company. Insurance companies often like to blame motorcyclists for causing accidents. Insurers and their highly-trained legal teams will often look for ways to blame injured victims so they can pay less on claims.

Nevertheless, an experienced motorcycle accident lawyer is fearless in taking on big insurance companies and fighting to help their clients receive maximum compensation for the harm they have suffered.

Some of the other significant advantages of hiring a lawyer to assist you with filing a personal injury claim include:

Extensive knowledge of motorcycle and accident law: Motorcycle accidents can be overly complex depending on the circumstances involved. A motorcycle accident attorney understands the various legal factors involved, including insurance and liability issues.
Assist with legal paperwork: An attorney and their legal staff will assist you with filling out insurance and other legal paperwork to ensure that it is completed correctly and turned in before any deadlines.
Gather evidence: Accident attorneys have the resources to gather critical evidence such as medical records, police reports, witness statements, and photo and video surveillance to support your claim.
Maximize compensation: Your motorcycle accident lawyer can analyze your personal injury case and identify potential damages you may be entitled to recover.
Negotiate with the insurance company: An experienced motorcycle attorney will negotiate with the insurance company to help their clients obtain a financial recovery that meets their needs.
Take the case to trial: If the insurance company is unwilling to offer an acceptable settlement, your attorney can file a personal injury lawsuit to try and recover compensation for damages.

Our legal team has comprehensive experience handling all the legal aspects of motorcycle accident cases and would be honored to evaluate your legal needs.

What are the Leading Causes of California Motorcycle Accidents?

What causes motorcycle accidents? The leading factor in most motorcycle accidents stems from distracted driving or driver negligence. Driving with reasonable care includes being aware of your surroundings, including other motorists on the road, and driving in a way that does not endanger them. Unfortunately, many drivers make lane changes and other maneuvers without checking their mirrors or looking over their shoulder and fail to see a motorcyclist before it is too late. The motorcycle accident lawyers at James McKiernan Lawyers work hard to hold these drivers fully accountable for their actions.

Speeding is also a common cause of motorcycle collisions. Drivers who travel at excessive speeds cannot stop before colliding with a motorcycle rider who lacks the basic protections that enclosed motor vehicles provide. Other motorists misjudge the speed at which a motorcycle is traveling.

Some drivers do not respect motorcyclists and drive recklessly or aggressively around them. Driving recklessly around motorcyclists typically means not appreciating the limitations of bikes and riders in responding to sudden stops, turns, and lane changes.

Other commonly cited factors that contribute to motorcycle accidents include:

Driving under the influence
Tailgating
Lane splitting
Poor road conditions
Adverse weather conditions
Drivers failing to obey traffic laws
Drivers opening doors in front of unsuspecting motorcyclists

Regardless of how the accident occurred, if you have been injured in a motorcycle crash, you must seek qualified legal representation immediately. Our California motorcycle accident lawyers can answer any questions and assist you with the claims process.

What are the Most Common Motorcycle Accident Injuries?

While automobiles are being continually made safer, sadly, little protection is offered to bikers beyond helmets and riding leathers. Protective clothing, unfortunately, offers little protection in the event of a serious accident.

In most motorcycle accident cases, injured victims suffer severe injuries that require significant time to heal. Some common motorcycle accident injuries include:

Head injuries
Burns
Internal injuries
Broken or fractured bones
Neck and back injuries
Soft tissue injuries
Facial and dental fractures

Sadly, due to the disparity between the size of motorcycles and larger enclosed motor vehicles, many injured cyclists suffer catastrophic injuries. Catastrophic injuries are those that can leave an accident victim permanently disabled or take a considerable amount of time to heal properly.

Catastrophic injuries include:

Traumatic brain injuries
Spinal cord injuries
Amputations
Organ loss
Severe burns

Contact James McKiernan Lawyers of Southern California if you have suffered motorcycle injuries. When you come to us for help, we will act as your legal liaison with the insurance company so you can focus on rest and recovery.

What Should I Do Immediately After Being Involved in a Motorcycle Crash?

If you have been involved in a motorcycle crash, you must take action immediately to protect your health and ability to file a claim. If you are able to do so, there are several basic steps that you should follow to ensure your well-being, including:

If possible, move damaged vehicles to the side of the road.
Check yourself and your passengers for injuries.
Call 911 to report the accident. If there are injuries, be sure to request emergency medical responders.
Exchange information with the other driver, including driver’s license and insurance info.
Document the accident scene by taking numerous photos and videos of the damage to your motorcycle and other vehicles involved.
Gather contact information from bystanders who witnessed the accident.
Even if you do not believe you are injured, please seek medical attention immediately. Internal injuries do not always present themselves immediately, but failure to seek treatment could result in life-threatening consequences.
Do not post information about the accident on social media. Insurance companies often look at old social media posts to try and find information they can use to reduce or deny claims.
Be sure to request a copy of the police report and keep all medical records related to the accident. These official records will prove to be invaluable should you choose to file a personal injury claim.
Do not agree to speak with the other party’s insurance company without first consulting with a qualified motorcycle accident attorney.

Our motorcycle accident law firm recognizes that injured victims need skilled legal representation to help them navigate the claims process. If you are an injured motorcyclist, contact James McKiernan Lawyers today to help you receive the justice you deserve.

Whose Insurance Company Pays Compensation for a California Motorcycle Accident?

Because California is an “at-fault” state, the at-fault driver’s insurance company pays for motorcycle accident injuries. Some other important factors to keep in mind regarding California motorcycle accident claims include:

An injured motorcyclist files a compensation claim with the at-fault driver’s insurance company.
If the at-fault driver lacks sufficient insurance coverage to cover damages, the injury victim may be able to use their underinsured motorist coverage to pay for expenses.
If an injured motorcyclist is deemed to have any responsibility for the accident, their financial recovery will be reduced by the percentage of fault assigned to them.
An injury victim may be able to recover compensation from a manufacturer if it can be determined that a defective part was a factor in causing the accident.
If it can be determined that poor road conditions contributed to the motorcycle accident, it may be possible to file a claim against the entity responsible for road maintenance. However, the time to file a claim against a government entity is significantly less than in personal injury claims, so it is best to seek legal representation immediately.
Depending on the circumstances, it may be necessary to file a motorcycle accident lawsuit against the at-fault driver to try and recover fair compensation.

Finally, seeking qualified legal representation is best if your motorcycle accident claim involves multiple liability issues. Determining liability and pursuing injury claims for California motorcycle accidents can be overly complex and requires the help of a knowledgeable attorney.

How Long Do I Have to File a Motorcycle Accident Claim?

The California statute of limitation generally allows motorcycle accident victims up to two years from the date of injury to file a claim. The statute of limitations ensures that cases are filed promptly after injury. Over time, evidence such as surveillance video can disappear, and witnesses may move or their memories fade.

Family members have two years from the date their loved ones died in fatal motorcycle accidents. It is important to note that the deadline applies to the day a family member died and not the date the accident occurred. In some instances, motorcycle riders are severely injured and then later succumb to their fatal injuries.

If you were involved in a motorcycle accident but only suffered property damage, you have up to three years from the accident date to file an insurance claim. Finally, one of the most significant deadlines to beware of includes claims that involve government entities. Individuals who feel a government entity was negligent and contributed to their injuries only have six months from the date of the accident to file a claim.

However, there are specific exceptions to the various filing deadlines if the victim is a minor, incapacitated, or the case involves fraud. For example, if a minor was injured in an accident, they have until age 20 to file a claim.

If you fail to file your personal injury claim within the set time limits, the court will most likely dismiss your case. If your case is dismissed, you will lose all legal recourse to try and recover financial compensation.

Although two years may seem like sufficient time to file a claim, life can get in the way. Therefore, it is best to hire a motorcycle accident attorney immediately. Instead, contact our highly-trained motorcycle accident attorneys today so we can begin the process of helping you recover the full compensation you deserve.

Why Do I Need A Motorcycle Accident Lawyer Talk to the Other Party’s Insurance Company?

A representative from the insurance company will most likely contact you very quickly after you have been injured in a motorcycle crash. Due to the extensive injuries that many motorcycle riders suffer in accidents, insurers are often looking for ways to try and mitigate or deny claims to protect their profitability.

There are several different strategies that insurance providers use to pay less than claims are worth. One of the most common strategies is to contact injured motorcyclists and offer them quick settlements. Although a quick settlement may seem appealing, especially if you cannot work, it is likely not in your best interests. Quick settlements do not account for future medical expenses or treatments that you may need or any emotional trauma you have suffered.

The other common method insurers use is to try and blame motorcycle accident victims for causing the accident. An insurance adjuster may ask you to give a recorded statement providing accident details. However, an insurance company has the right to use your statement against you to try and deny or reduce any compensation you may receive.

Therefore, it is always best to allow a knowledgeable motorcycle injury lawyer to speak with the insurance company on your behalf. Your injury attorney understands the legalities involved and will protect you from making incriminating statements.

Can I File a Motorcycle Accident Claim if I Was Injured but Not Wearing a Helmet?

If you were involved in a motorcycle accident and were not wearing a helmet, you may wonder if you can still file an insurance claim. California helmet law requires all motorcycle operators and their passengers to wear helmets. Wearing a helmet helps to reduce the likelihood of severe head trauma and facial injuries.

Not wearing a helmet while operating or riding a motorcycle violates state law. Individuals caught not wearing helmets are often forced to pay fines.

However, even if you were not wearing a helmet, you can still file a compensation claim. However, California law follows a comparative negligence insurance doctrine, meaning any financial settlement you may be awarded can be reduced by the percentage of fault assigned to you.

Other legal implications that can arise from you not wearing a helmet. Insurance companies carefully scrutinize all aspects of personal injury claims, looking for issues they can dispute to lower payouts. For example, the insurance company could argue that you would have sustained fewer injuries if you had worn a helmet. If the insurance company knows you lack legal representation, they may try to initially deny your claim.

However, even if you were not wearing a helmet, you may be entitled to recover compensation that will pay for lost wages, emotional trauma, and medical bills.

For this reason, if you suffered an injury while not wearing a helmet, contact our Southern California motorcycle injury lawyers immediately for a free consultation. A motorcycle attorney will professionally assess your motorcycle accident case to determine what legal options are available

Can I Recover Financial Compensation That Will Pay for Long-Term Medical Expenses?

Due to the severity of motorcycle injuries, many accident victims require long-term medical care that can quickly become cost-prohibitive for individuals and families. In some instances, injured victims need financial compensation to pay for rehabilitation and physical therapy or skilled nursing care.

California’s personal injury law allows injured motorcyclists to try to recover economic damages and pay compensation for medical bills and other accident-related expenses. Economic damages may also be awarded for other expenses a motorcycle accident victim has incurred due to injury, including:

Past and future medical bills
Lost wages
Loss of earning potential
Property damage

Additionally, accident victims may be awarded non-economic damages depending on the circumstances. Non-economic damages are not based on monetary losses. Instead, any compensation awarded is based on the victim’s intangible losses.

Non-economic damages often include:

Pain and suffering
Emotional trauma
Loss of enjoyment of life
Permanent disfigurement and scarring

Only an experienced motorcycle injury lawyer can determine the appropriate damages for your case. Our California motorcycle accident lawyers will thoroughly analyze your injuries and work to maximize your potential compensation.

Who Can File a Wrongful Death Lawsuit After Our Loved One Was Killed in a Motorcycle Accident?

If your loved one was killed in a California motorcycle accident, specific family members may be entitled to file a wrongful death lawsuit. Under state law, a motorcycle accident victim can try to recover compensation for their injuries. However, if the accident victim passes away due to their injuries, family members may be able to file a wrongful death claim.

A wrongful death claim may be filed if the decedent would have been able to pursue a personal injury claim had they lived. Just as with any other California motorcycle accident case, an attorney must be able to prove that the other party was negligent.

Family members may be able to recover compensation that pays for the decedent’s medical bills, lost wages, pain and suffering, and emotional trauma.

In cases that involve motorcycle fatalities, the following individuals are eligible to file a wrongful death lawsuit:

Surviving spouse or domestic partner
Children or grandchildren of the deceased
Dependents who relied on the deceased for financial support, including non-marital partner or stepchild
Minors who resided with the deceased for at least 180 days and were dependent on them for at least half of their support

If there are no surviving family members, then the state’s intestate laws will apply, potentially allowing a parent or sibling to file a wrongful death claim. However, California has a “one action” rule, which requires all heirs to file one wrongful death claim together.

If you have questions about filing a wrongful death lawsuit, our motorcycle accident attorneys are ready to help. Please feel free to contact us today to learn more about our legal services.

What Makes James McKiernan Lawyers the Right Choice to Help Me With a Motorcycle Accident Claim?

Motorcycle accident lawyers in California understand the thrill of riding along California’s scenic Central Coast and the many dangers posed by weekend traffic rushing through the valleys, hills, and bends of the 101 and Highway 1.

James McKiernan Lawyers is a law firm dedicated to helping injury victims receive the fair treatment they deserve. We offer knowledgeable representation from a team of motorcycle accident attorneys serving the Central Coast.

Our motorcycle accident lawyers have in-depth experience helping injured motorcyclists recover fair compensation for injuries and other accident-related damages. One of our most significant roles is to act as your legal advocate with the insurance company.

Motorcycle riders often face a tough challenge when dealing with insurance companies or if their case ends up in court. Many people have a natural bias against motorcycles, and juries may quickly judge the rider as being at least partially at fault for causing an accident. As motorcycle accident attorneys, we understand the importance of overcoming this bias to ensure the rider is not unfairly assessed with blame for an accident caused by a negligent driver.

If your loved one died as a result of a motorcycle accident caused by another person’s negligence, you have the right to seek justice. We will diligently hold the at-fault party accountable for their actions.

Allow us to help you obtain the compensation you need to pay your bills and support your family while you recover from your injuries. Contact the motorcycle accident attorneys at James McKiernan Lawyers by calling 805-476-4304 for a free consultation.