Motorcycle Accidents
The Bay Area’s scenic landscapes and year-round favorable weather make it a haven for motorcycle enthusiasts. However, navigating California’s complex motorcycle laws is essential for riders to enjoy their passion safely and responsibly. From helmet requirements to lane splitting regulations, understanding California's motorcycle laws is crucial to avoid legal pitfalls and protect an individual’s rights in case of an accident. At Phillips, Erlewine, Given & Carlin LLP, our team is experienced in the personal injury practice area, ensuring that motorcyclists receive the legal guidance and advocacy they deserve. Whether one is seeking clarification on motorcycle laws or require representation after an incident, trust our dedicated attorneys to safeguard legal interests every step of the way.
California Law on Motorcycle Usage and Accidents
In California, motorcycle riders must adhere to strict safety regulations outlined in the California Motorcycle Handbook. This includes wearing a helmet that meets US Department of Transportation guidelines, as certified by the manufacturer. Wearing a compliant helmet is crucial, as it can significantly reduce the severity of injuries in the event of an accident. Additionally, California law mandates that any motorcycle rider involved in a collision causing over $1,000 in property damage or injury must report the incident to the DMV within 10 days.
Additionally, while motorcyclists have equal rights and responsibilities on the road as automobile drivers, they are subject to specific regulations. In California, motorcycle riders are mandated to carry liability insurance, which provides coverage for potential damages arising from accidents.
Statute of Limitations in Motorcycle Accidents
In California, individuals involved in motorcycle accidents have a two-year window to initiate a personal injury lawsuit. Failure to do so within this period may forfeit the opportunity to pursue compensation. However, claims against the government carry a notably shorter statute of limitations. In such instances, injured motorists must file a claim with the relevant government entity within six months.
Liability in a Motorcycle Accident Case
In the event of a motorcycle accident in California, determining liability is crucial to ascertain responsibility for damages. Liability typically hinges on proving negligence, which involves identifying some key elements:
Duty: The responsible party must have owed a duty of care to the injured party. This mean that one must act reasonably and prudently to prevent harm to others.
Breach of Duty: The responsible party must have failed to fulfill this duty of care.
Causation: The breach of duty must have directly lead to the accident.
Damages: The injured party must have suffered actual damages due to the accident.
California also employs a “pure comparative negligence” principle in determining compensation for personal injury cases, including motorcycle accidents. This principle allows individuals to seek compensation even if they bear some responsibility for the accident.
Damages in a Motorcycle Accident
If an individual sustains injuries in a motorcycle accident caused by a negligent driver, or if they bear partial responsibility for the collision, they may have the opportunity to seek two categories of damages: economic, which are quantifiable, and non-economic, which are subjective in nature and cannot be precisely quantified. Here are some examples of the damages they could potentially receive:
Medical expenses, both present and future
Lost wages, both present and future
Property damage
Pain and suffering, as well as emotional distress
Diminished quality of life
Loss of companionship or consortium
The amount of compensation they can pursue depends on several factors, such as the extent of their injuries, the necessity for ongoing medical care, and the degree to which they are deemed responsible for the accident.
Additionally, it's crucial to recognize that they have the option to pursue punitive damages if the accident was caused by an impaired or reckless driver. However, pursuing such damages can be more complex, as they are only granted in specific and restricted situations. For a comprehensive understanding of all the potential damages they may be eligible to recover, it's advisable to consult with a qualified personal injury attorney who can provide a detailed analysis of their case.
Why Choose Us As Your Motorcycle Accident Attorneys?
Expertise: Our motorcycle accident lawyers are knowledgeable in personal injury law and have extensive experience handling injury cases. We have a thorough understanding of the legal, ethical, and medical complexities involved and will use our expertise to build a strong case on your behalf.
Personalized Approach: We believe in providing personalized attention to every client. We understand that each case is unique and requires a tailored approach. Our accident attorneys will take the time to listen to your concerns, answer your questions, and develop a legal strategy that aligns with your specific needs and goals.
Proven Track Record: With a successful track record of obtaining favorable outcomes for our clients, you can trust us to handle your case. We have secured significant settlements and verdicts in personal injury cases, helping our clients recover compensation for medical expenses, lost wages, pain and suffering, and more.
Resources and Network: We have access to a wide range of resources and a vast network of experts, including medical professionals and investigators. We will leverage these connections to strengthen your case and ensure that no stone is left unturned.
No Fee Unless We Win: We understand the financial strain that can come after experiencing a motorcycle crash and any investigation that follows, which is why we generally take personal injury cases on a contingency fee basis. This means that you will not have to pay any upfront fees. You only pay us if we successfully obtain compensation for you, ensuring that you can focus on your recovery without worrying about legal expenses.
Choosing the right motorcycle crash lawyer is crucial. With Phillips, Erlewine, Given & Carlin LLP, you can have confidence that you are selecting a firm that will champion your rights and work tirelessly to achieve the best possible outcome for your case. Contact us today for a free consultation and let us guide you on the path to justice and recovery.
