According to statistics from the California Office of Traffic Safety, in 2018, there were about 488 motorcycle fatalities statewide. Motorcycle accidents usually cause minor to severe injuries, including disfigurement, facial fractures, road rash, spinal cord injuries, traumatic brain injuries, limb amputation, paralysis, and even death. If you or a loved one were hurt in a motorcycle accident caused by someone else's negligence, you are within your rights to pursue damages.
At Benner Law Firm, we're committed to providing experienced legal guidance and compassionate representation to clients in motorcycle accident cases. As your legal counsel, we will investigate the details of your case and determine your possible legal options to recover damages. Our firm will fight compassionately to protect your rights and help you pursue fair compensation for your injuries, property damages, pain, and suffering, or loss.
We proudly represent motorcycle accident victims throughout San Diego, San Diego County, Escondido, Chula Vista, Oceanside, El Cajon, and all of California.
The period after a motorcycle accident can be overwhelming. The next steps you take — or do not take — can have a huge effect on the outcome of your injury claim. If you were involved in a motorcycle accident in California, you should take the following steps:
Get to safety, and help other victims to safety as well.
Call 911 to get appropriate medical treatment for your injuries.
Report the incident to law enforcement.
Exchange relevant information with the other drivers involved, including the driver's name, phone number, address, insurance policy, license number, and insurance identification card.
Collect necessary evidence, including the police report, witness statements or testimonies, and accident scene photos.
Document your medical treatments, doctor's appointments, personal account of the accident, and how the incident has affected your daily life.
Inform your insurance carrier about the accident.
Retain an experienced attorney to help negotiate a fair settlement with the insurance provider or file a personal injury claim.
In an effort to prevent or reduce the rate of motorcycle accident occurrence in California, the state authorities have imposed strict motorcycle laws to which all motorcyclists must adhere.
Lane splitting is a traffic maneuver in which a motorcyclist drives between two lanes of traffic moving in the same direction. Lane splitting is legal in California. However, when lane splitting or lane sharing, motorcyclists should:
Not ride more than 10 miles per hour faster than the flow of surrounding traffic
Not split lanes while traveling faster than 30 miles per hour
Not split lanes at merge points
Not lane split around large vehicles such as semi-trucks
Watch out for cars approaching in the distance
Not ride in the shoulder lane
According to California Vehicle Code (CVC) 27803, motorcycle drivers and riders are required to wear helmets at all times. The helmet must be in compliance with the U.S. Department of Transportation standards. Also, the helmet must have a visible DOT sticker.
Under California law, motorists are required to have a minimum liability insurance coverage of:
$15,000 for bodily injuries to one person per accident
$30,000 for total bodily injuries to two or more people per accident
$5,000 for property damage per accident
California is an “at-fault” state. This means that the person responsible for the accident (the at-fault party) will be held liable for injuries and property damages suffered by the accident victims. Under California at-fault negligence laws, to recover damages, the injury victims must prove liability or show that the accident occurred as a result of the other driver's negligent actions.
California follows the "pure comparative negligence" rule. Under this principle, injury victims are still allowed to pursue compensation even if they were 99% at fault for the accident. However, the total damages you may recover will be reduced by your percentage of fault.
For instance, if the judge awards $40,000 in total damages against the at-fault party, and the court found that you were 25% responsible for the motorcycle accident, you will only receive 75% of $40,000 ($30,000).
Getting injured in a motorcycle accident can be a tragic and emotional experience. If you sustain severe injuries, such an accident can affect your physical, mental, and financial health. Thankfully, you don't need to go through these challenges alone. It is important to retain an experienced California personal injury attorney to protect your rights and help you pursue rightful compensation.
At Benner Law Firm, our team is devoted to handling injury claims and protecting the rights of motorcycle accident victims and their families. As your representation, we will work to:
Fight compassionately to protect your rights and represent your best interests
Review every aspect of your case and carry out a thorough, private investigation
Gather and document evidence, important information, police report, and necessary documentation
Help prove fault and establish liability
Determine the full extent of your injuries and estimate case-value
Help negotiate a fair settlement with the insurance carrier
File a personal injury or wrongful death lawsuit, where applicable
Our firm can help you take action to hold the responsible party accountable and seek fair financial compensation to cover medical bills, lost wages, future medical treatment, pain, discomfort, and suffering, or loss.
If you were injured in a negligent motorcycle accident, call our team at Benner Law Firm today to schedule a consultation. We can fight on your side to protect your rights and offer the legal guidance and compassionate representation you need. We proudly serve clients across San Diego, San Diego County, Escondido, Chula Vista, Oceanside, El Cajon, and throughout California.Motorcycle Accidents Attorney Serving San Diego, California