San Rafael Motorcycle Accident Lawyers
Those who suffer injuries in a motorcycle accident are often left wondering what to do next. As medical bills pile up, and wages are lost because you’re unable to work, the last thing you need is for the insurance company to make you jump through hoops just to get a low ball offer. Getting an experienced attorney on your side helps ensure you get the compensation you need to recover.
The San Rafael motorcycle accident attorneys at Kuvara Law Firm have over 50 years of experience in personal injury law.
Working with Kuvara Law Firm, you can expect:
- Direct communication with an attorney
- Exceptional legal representation
- No fees unless you win.
Injured in a motorcycle accident? Our law firm can help. Call 1-800-446-5879.
Table of Contents
ToggleFree Consultation
Obtaining a Favorable Result in a California Motorcycle Accident Claim
There are several elements that are considered when it comes to proving fault in a motorcycle accident claim. Evaluating these elements helps your attorney determine who to hold responsible for your accident and the amount of compensation you should receive.
The first thing your lawyer will do is evaluate your case to see if you have a valid injury claim. He or she will start by establishing whether the defendant owed you a duty of care. When it comes to operating a motor vehicle on public roadways, drivers are expected to operate their vehicles safely so as not to cause injuries to other road users – including motorcyclists. This is the duty of care owed to you by the other driver.
Next, your attorney will need to establish that the duty of care was breached. This can occur when a driver fails to follow traffic laws. Actions such as speeding, texting while driving, driving under the influence, and running a red light can all be considered a breach of duty of care.
Your legal team will also need to establish that the other driver’s negligence caused your injuries. Your medical records, accident reports, and other evidence can be used to prove that the other driver caused the crash and your injuries were caused by the accident.
You then have to prove that you suffered damages due to the breach of duty of care. Damages you may suffer in a motorcycle accident can include:
- Medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
- Emotional distress
Common Motorcycle Accident Injuries
There are a variety of injuries associated with motorcycle accidents. These can range from minor scrapes and bruises to more severe injuries like loss of limb or even death. Some of the more common types of injuries associated with motorcycle accidents include:
Road Rash: Road rash is a common injury associated with motorcycle accidents. This injury can occur when a cyclist falls and slides along the surface of the road. Road rash can range from mild scrapes to severe abrasions.
Spinal Cord Injury: Spinal cord injuries often result from blunt force, twisting, or contortion of the back. These injuries can be temporary or permanent, and can affect motor functions and cause pain in the injured victim.
Traumatic Brain Injury: These types of injuries are caused by trauma to the head. They are among the most severe types of injuries that happen in motorcycle accidents. If they are severe, TBIs can lead to permanent disability, cause victims to be dependent on life support equipment, or even result in death.
Fractures and Broken Bones: Fractures and broken bones are also common occurrences in motorcycle accidents. These injuries can affect motor functions and often take months to heal. In severe breaks, the damage can be permanent.
Various factors can affect the severity of motorcycle accident injuries. Things like speed, road conditions, the type of impact, and the size of the other vehicle can all play a role in the types of injuries you suffer in a crash.
If you were injured in a motorcycle accident, it is crucial to get medical attention as soon as possible. Prompt medical attention ensures you get the treatment you need to recover from your injury. Additionally, having an official medical record of your injuries may strengthen your case.
How Long Do I Have to File a Motorcycle Accident Claim in California?
Each state has its own laws governing how long you have to file your motorcycle accident claim. In California, you typically have two years from the date of your accident to take legal action. However, there are some circumstances that may lengthen this window. For instance, if the victim is a minor, then the statute of limitations won’t start until he or she turns 18. Additionally, if the victim is mentally incapacitated after the accident and unable to make legal decisions, the statute of limitations may be paused until the victim regains the ability to do so.
Missing the deadline for filing your lawsuit will impact your ability to recover compensation for your losses through the legal system. Courts are likely to dismiss your case if you file after the deadline, unless an exception exists in your case. This means you lose the right to have your case heard.
Speak to an experienced Marin County motorcycle accident attorney to learn more about how the statute of limitations affects your case.
Causes of Motorcycle Accidents
Knowing some of the causes of motorcycle accidents can help motorists make informed decisions that protect themselves and other drivers/riders from harm. However, no matter how diligent you are in making responsible decisions, you may still be involved in an accident due to circumstances out of your control. Factors such as weather, road conditions, and the behavior of other drivers can have an effect on your safety. Below are some common causes of motorcycle accidents.
Driving Under the Influence
Driving under the influence of drugs or alcohol can severely affect your motor skills, slow your reaction time, and impede cognitive abilities and decision-making. All of these factors can make it more difficult to focus on and comprehend what’s going on around you, making driving while under the influence incredibly dangerous.
Speeding
Increased speeds can affect the driver’s ability to control the vehicle. The faster you go, the less control you have over your vehicle. You also have less time to react to changes in front of you, such as sharp turns, sudden stops, and pedestrians or animals crossing the road. Speed can also increase the severity of an accident. The force of the impact of your vehicle increases the faster you go, which can lead to more severe injury and increase the chance of death.
Road Conditions
Road conditions that may hardly be noticeable by other types of motor vehicles may have a more severe impact on motorcyclists. Poorly lit roads, damaged roads, poorly marked curves, debris in the roadway, and a lack of proper shoulder space are all factors that can cause an accident.
If another party’s negligence caused your accident, an experienced Marin County accident attorney at Kuvara Law Firm can help you recover maximum compensation for your losses.
- Call 1-800-446-5879
Why Are Motorcycle Accidents So Deadly?
Motorcycle accidents often lead to severe injuries that can result in life-long complications or even death. This is due to the vehicle’s smaller size and lighter build. Additionally, motorcycles are not enclosed vehicles, so there’s no vehicle frame to absorb the impact of the crash. Motorcycles also tend to be harder to spot than other types of motor vehicles, and other motorists may not see the motorcycle until it’s too late.
How Our Motorcycle Accident Attorneys Can Help You
The experienced motorcycle accident attorneys at Kuvara Law Firm have the knowledge, resources, and skills necessary to ensure you get maximum compensation for your losses. With a free initial consultation, you can learn about your legal rights in your motorcycle accident case. Our lawyers will negotiate with insurance companies on your behalf and navigate the legal process for you, so you can focus on your recovery.
To schedule your free consultation with our firm:
- Call 1-800-446-5879
Client Testimonial
FAQs About Motorcycle Accident Cases
Can You Still Recover Damages in a Motorcycle Accident Claim if You Weren’t Wearing a Helmet?
Regardless of your state’s helmet laws, your failure to wear a helmet will likely not prevent you from recovering compensation. Depending on the nature of your injuries, however, comparative negligence may come into play. If your failure to wear a helmet contributed to the severity of your injuries, the compensation you receive may be reduced.
How Does Comparative Fault Affect a Motorcycle Accident Claim?
In the event that more than one party is at fault for the accident, comparative fault comes in to play. Liable parties will generally split the cost of the victim’s injuries. If you are found partially at fault for your injuries, the compensation you receive can be reduced based on your percentage of fault. If you are determined to have been 51% or more at fault for the accident, you cannot recover compensation from the other driver(s).
Should I Accept the Initial Offer From the Insurance Company?
Insurance companies are rarely in the business of being fair. Their goal is to reduce payout as much as they can to protect their bottom line. Typically, when you receive an offer from the insurance company, it is for much less than what your case is worth. You should not accept an offer from an insurance company without consulting an experienced attorney.
Do I Need a Lawyer for My Motorcycle Accident Claim?
While it is not required to hire a lawyer to help you with your claim, it is strongly recommended that you do so. An experienced attorney can help ensure you get the compensation you need for your recovery. Without knowledge of the legal processes that surround your claim, you may not recover enough to pay for all your losses. Additionally, an attorney has resources that can help you with your claim, like accident reconstructionists, medical experts, and vocational experts.
Free Consultation
- Call 1-800-446-5879 or email us today.