Table of Contents
- Why Are Motorcycle Accidents So Dangerous?
- Common Causes of Motorcycle Accidents
- How Long Do I Have to File a Motorcycle Accident Claim in San Rafael?
- Motorcycle Accident Claims FAQs
- Common Injuries Resulting from Motorcycle Accidents
- Proving Liability in a Motorcycle Accident Case
- Your Recovery, Our Fight
- Understanding Motorcycle Laws in California
Why Are Motorcycle Accidents So Dangerous?
Motorcycle accidents often lead to severe injuries and fatalities. Some key factors that make motorcycle accidents so dangerous include:
- Smaller size. Motorcycles are smaller and have lighter builds compared to cars.
- Lack of enclosure. Unlike passenger vehicles, motorcycles aren’t enclosed, leaving riders more exposed in a crash due to a lack of protective caging.
- Visibility. Motorcyclists are more difficult to spot than other motorists, increasing the risk of collisions due to impaired visibility.
Don’t settle for less. Fight for full compensation.
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$2,000,000 Truck Accident
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$1,850,000 Pedestrian Accident
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$1,800,000 Motorcycle Accident
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$1,750,000 Motor Vehicle Accident
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$1,495,000 Premises Liability
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$1,410,000 Premises Liability
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$1,300,000 Pedestrian Accident
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$1,000,000 Rollover Accident
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Common Causes of Motorcycle Accidents
Understanding the common causes of motorcycle accidents can help motorists make informed decisions that protect themselves and other drivers from harm. Sadly, even the most diligent motorcyclists are vulnerable to accidents due to factors beyond their control, such as weather, road conditions, and other drivers.
Below are some common causes of motorcycle accidents:
Driving under the Influence
Driving under the influence of drugs or alcohol can severely affect motor skills, slow reaction times, and impede cognitive abilities and decision-making on the road, making it difficult to focus and increasing the risk of serious traffic accidents and fatalities.
Speeding
Driving at excessive speeds can affect a driver’s ability to control the motor vehicle, resulting in reduced reaction times to sharp turns, sudden stops, and pedestrians or motorists on the road. High speeds can also increase the severity of an accident and lead to a higher rate of fatalities.
How Long Do I Have to File a Motorcycle Accident Claim in San Rafael?
In California, the statute of limitations for motorcycle accident claims is generally two years from the date of the accident. However, certain circumstances may lengthen this window.
For example, if the victim is a minor, the statute of limitations will not start until they turn 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.
Failure to file a claim within the appropriate deadline can bar you from recovering compensation and result in the dismissal of your claim, making it crucial to work with a knowledgeable attorney. Our firm can help you navigate the legal process efficiently and file your claim correctly and on time.
Motorcycle Accident Claims faqs
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Should I Accept the First Offer from the Insurance Company?
Insurance companies have a reputation for protecting their bottom lines and evading fair payouts. You should not accept a settlement offer from an insurance company without first consulting a reputable injury lawyer. More often than not, the first offer is much less than the true value of the claim. Our attorneys can help you determine what your claim is worth by assessing every avenue for financial recovery and representing you in litigation if necessary to hold your insurer accountable for their ethical and legal obligations.
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How Can the Pure Comparative Negligence Rule Affect My Claim?
When more than one party is at fault for an accident, comparative fault comes into play. California follows the pure comparative negligence rule, meaning that plaintiffs can seek compensation as long as they are 99% at fault or less. However, the total amount awarded will be reduced by your share of the fault. For example, if you are 20% at fault for an accident totaling $100,000 in damages, you may only be eligible to recover $80,000.
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Can I Still Recover Damages in a Motorcycle Accident Lawsuit if I Wasn’t Wearing a Helmet?
While wearing a helmet is required under Cal. Vehicle Code § 27803, motorcyclists can still seek damages in a motorcycle accident lawsuit even if they weren’t wearing one. However, the total amount of compensation may be reduced if your failure to wear a helmet contributed to the severity of your injuries. Our lawyers are knowledgeable about the pure comparative negligence rule to pursue a fair outcome.
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Do I Need a Motorcycle Accident Lawyer?After a wrongful injury, securing experienced representation can mean the difference between recovering a full settlement and walking away with less than you deserve. A skilled motorcycle accident lawyer can help you pursue maximum compensation and connect you with the necessary resources to strengthen your claim, such as arranging witness interviews and consulting accident reconstructionists, medical specialists, and other experts regarding your case.
Proving Liability in a Motorcycle Accident Case
There are several elements to consider when proving fault in a motorcycle accident lawsuit. Your motorcycle accident lawyer can evaluate these elements to identify liable parties, calculate potential compensation, and gather evidence to meet the burden of proof in your claim.
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Duty of Care
First, your attorney will investigate the motorcycle accident to determine whether you have a valid injury claim and establish whether the defendant owed you a duty of care. Drivers are legally obligated to operate motor vehicles safely on public roadways to prevent harm to surrounding motorists, including motorcyclists.
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Breach of Duty
Next, you must establish that the defendant breached their duty of care by acting negligently, such as failing to follow traffic laws. Speeding, texting while driving, impaired driving, and running red lights can all be considered a breach of duty.
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Causation
Then, your legal team will also need to establish that the other driver’s negligence caused your injuries. Medical records, police reports, and other strong evidence may be used to prove that the other driver caused the crash and your resulting injuries.
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Damages
Finally, your legal team must prove that you suffered compensatory harm (damages) as a result of the defendant’s breach. Common recoverable damages in a motorcycle accident claim include medical expenses, lost wages, lost earning capacity, pain and suffering, and emotional distress.
Your Recovery, Our Fight
When your health and financial future are on the line, choose a firm that delivers real results. At Kuvara Law Firm, we take pride in providing compassionate and strategic counsel when you need it most. Our goal is to recover the compensation you need to get back on your feet after a serious accident, freeing you to focus on healing during this challenging time. With more than 20,000 cases handled and over $10 million recovered for the wrongfully injured, you can trust us to give your case the time and personalized attention it deserves.
Don’t pay the price for someone else’s negligence in San Rafael. Contact us online to request a free case evaluation with our top-rated injury lawyers.
Common Injuries Resulting from Motorcycle Accidents
Motorcycle accidents can lead to various injuries. These can range from minor scrapes and bruises to amputation and limb loss. Common injuries associated with motorcycle accidents include:
- Road rash. This common injury occurs when a motorcyclist falls and slides along the road's surface, leading to severe scrapes and abrasions.
- Spinal cord injuries (SCI). An SCI can result from blunt force, twisting, or contortion of the back. These injuries can be temporary or permanent and affect motor functioning.
- Traumatic brain injuries (TBI). A TBI is caused by trauma to the head. These injuries are considered one of the most severe and often lead to long-term disabilities.
- Fractures and broken bones. Fractures and broken bones are common injuries that often affect motor functions and require a long road to recovery.
Various factors can affect the severity of motorcycle accident injuries, including speed, road conditions, the type of impact, and the size of the other vehicle. Our attorneys are well-versed in these legal complexities to help you pursue the full settlement you need for your recovery.
Understanding Motorcycle Laws in California
Below are some important motorcycle laws to be aware of:
While riding a motorcycle on the open road can offer a sense of exhilaration and freedom, motorcyclists are still obligated to follow the rules of the road. Understanding California’s motorcycle laws is paramount to protecting your safety and preventing serious accidents.
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Motorcycle Licensing Laws
All motorcycle riders must obtain a learner’s permit before applying for a license. Riders under 18 must have a permit for at least six months before they can apply for a license and are prohibited from driving at night, driving on the freeway, and carrying passengers.
To obtain a motorcycle license, riders must be at least 16 years old and pass a vision test, written test, and driving test. Riders under 21 must also complete the 15-hour Motorcyclist Training Course (MTC) through the California Highway Patrol (CHP). This test is also recommended for older riders, but those 21 or older can opt out by completing a skills test.
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Motorcycle Safety Laws
Helmets are required for both motorcycle drivers and riders and must meet the National Highway Traffic Safety Administration (NHTSA). All motorcycles manufactured after 1978 must have headlights on at all times to improve visibility. Headlights are mandatory on all motorcycles after sunset.
When the rider is seated, the handlebars must be no more than six inches above the height of the driver’s shoulders. Working turn signals are required in the back and front of the motorcycle. Mirrors are required on both the right and left sides. If a passenger is riding, footrests and seats are required. Riders are permitted to wear earplugs as long as they can still hear sirens or horns.
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Motorcycle Lane Splitting & Sharing
Lane splitting occurs when a motorcycle maneuvers between two lanes of slow or stopped traffic. While this may seem dangerous, it can help prevent motorcyclists from being sandwiched between cars and reduce the amount of toxic exhaust fumes they inhale. Lane sharing occurs when two vehicles travel side by side in the same lane and direction. It may involve two motorcycles or a motorcycle and a car. This is typically done on larger roadways with at least two lanes heading in the same direction.