California Motorcycle Accident Attorneys
At Oaken Injury Law, we understand both the legal and practical realities surrounding motorcycle accidents. Both founding partners, Ian McTaggart and Matthew Bradley, have been avid motorcyclists for years and have enjoyed riding through the forests and winding roads of the Sierras. This experience provides a firsthand appreciation for the awareness, balance, and vulnerability involved in riding, and it influences how we approach these cases and advocate for injured riders.
If you or a family member has been injured in a motorcycle accident, speaking with an attorney can help clarify the issues involved and determine the next steps in protecting your rights.
Why You Need an Attorney After a Motorcycle Accident
Hiring an attorney after a motorcycle accident will give you peace of mind and bring clarity to a chaotic situation.
The unfortunate reality is that motorcycle cases can be challenging due to the initial biases placed on riders. Too often, insurance companies, opposing parties, and even law enforcement will attempt to place blame entirely on the rider. An experienced attorney will set those biases aside, take the time to understand the true details of the crash, and gather the proper evidence to support your claim.
A careful investigation matters because motorcycle cases often turn on visibility, driver awareness, and roadway conditions. An attorney’s deep-dive investigation could include reconstructing how the crash occurred, evaluating roadway hazards, reviewing traffic patterns, and analyzing the conduct of all drivers involved to clearly identify responsibility for the collision.
An attorney will know the right questions to ask, help you navigate the legal maze, and work relentlessly to pursue the full compensation you deserve.
Common Causes of Motorcycle Accidents Across California
Understanding how a collision occurs is important in determining responsibility and protecting the rights of an injured motorcyclist.
Motorcycles can be hard to see: Motorcycle accidents often occur because other drivers fail to recognize the presence of a motorcycle on the roadway. A motorcycle’s smaller profile can make it easier for inattentive drivers to overlook a rider, particularly in heavy traffic, on freeways, or at intersections.
Vehicle turning collisions: This is a common accident scenario when a driver turns across the path of an oncoming motorcyclist. Drivers often focus primarily on other cars when judging when it is safe to turn and may fail to notice a rider approaching. Once a vehicle begins to turn into a motorcyclist’s path, both the rider and the driver have just seconds to react before a devastating accident occurs.
Roadway hazards: Not all motorcycle accidents are caused solely by motor vehicle collisions. Potholes, debris, inadequate signage, broken pavement, loose gravel, uneven road surfaces, and construction zones can all create serious risks for a motorcyclist, which can potentially cause cyclists to lose control and crash. A city, county, contractor, or property owner may be liable for the dangerous conditions causing the accident.
Distracted driving: Texting, eating, or not paying attention to the road can cause a driver to easily miss a motorcyclist.
Aggressive driving: Speeding, road rage, hazardous maneuvers in traffic, and failing to adhere to traffic signs and signals can lead to devastating motorcycle accidents.
Impaired driving: It’s against the law to operate a vehicle under the influence of drugs or alcohol. If a driver is impaired, it can slow their reaction times and decrease awareness, often resulting in a severe crash.
Common Injuries from Motorcycle Accidents
In a single motorcycle accident, a rider will typically suffer two separate impacts: impact number one occurs when the vehicle strikes the motorcycle, and impact number two occurs when the motorcyclist is thrown and hits the ground.
Because of this double impact and the limited physical protections motorcyclists have, motorcycle accidents will often lead to serious injuries and life-altering injuries. We routinely handle claims involving:
- Broken bones and fractures
- Concussions and other traumatic brain injuries
- Spinal cord injuries
- Internal injuries and organ damage
- Severe road rash, lacerations, and joint damage
- Permanent scarring and disfigurement
Injuries suffered in a motorcycle accident may require extensive medical treatment and prolonged recovery. Surgeries, physical therapy, and long-term rehabilitation are often requested to rebuild an accident victim’s life. In the most severe cases, a motorcycle crash may lead to permanent disability or other lifelong medical complications.
Understanding the full extent of an injury and carefully documenting medical treatment, the recovery process, and the long-term effects are all important components in evaluating a motorcycle accident claim.
Steps to Take After a Motorcycle Accident in California
The steps taken after a motorcycle accident can be important for both medical and legal reasons. While every situation is different, certain actions can help protect your health and preserve evidence.
- Seek immediate medical attention
Priority #1
Your health and safety should come first. Even if an injury seems minor at first, symptoms from a head injury, internal injury, or soft tissue injury may worsen over time. Prompt medical evaluation also creates documentation of the injury. - Report the accident
At the scene
Contact law enforcement immediately so an officer can respond and create an official report. Collision reports can be vital, acting as a baseline document recording the scene of the crash, driver and witness statements, and fault determinations. - Document the scene and gather Witness Information
If safely possible
Take extensive photographs and videos of the roadway, traffic signals, vehicle positions, and damage to all vehicles. If anyone stopped to help, secure their names and phone numbers. Independent witness statements are incredibly powerful countering insurance bias against motorcyclists. - Preserve evidence
Do Not Wash or Repair
Damage to the motorcycle, helmet, and riding gear may provide important physical evidence. This evidence can contain proof of impact angles and speed. Keep them exactly as they are in their post-accident condition. - Protect Your Privacy Online
Social Media Silence
It’s best to refrain from discussing the accident or your injuries on social media platforms. Insurance defense adjusters often aggressively monitor public social media profiles and routinely twist everyday photos and updates to claim your injuries are not severe. - Exercise Extreme Caution with Insurance Adjusters
Before You Sign Anything
Insurance adjusters may contact injured motorcyclists days and sometimes even hours after an accident. Often, these adjusters demand recorded statements or request release forms. Do not provide a recorded statement or sign any release forms until you have spoken with an attorney, as these early statements are designed to minimize your claim or obfuscate liability. - Consult an Experienced Motorcycle Accident Attorney
Protect your rights
Motorcycle claims involve unique challenges like implicit biases, visibility issues, roadway hazards and unfair comparative fault arguments. Partnering with an experienced attorney early can ensure your rights are protected and give you peace of mind while you heal.
Compensation for a Motorcycle Accident
The compensation available after a motorcycle accident depends on the injuries involved, how the crash occurred, and the effect the incident has had on the injured person’s life. When another party’s negligence causes the collision, an injured motorcyclist may be entitled to pursue damages for both economic and non-economic losses.
Depending on the facts of the case, compensation may include:
Medical expenses
This includes any medical costs related to your accident, from immediate emergency care to ongoing treatment or therapy.
Rehabilitation costs
This includes physical therapy, occupational therapy, and ongoing medical care needed to restore function and manage long-term recovery.
Lost income
If your injuries prevent you from returning to work immediately, or even permanently, you could seek compensation for the income you’ve lost and any future earnings affected by your injuries.
Pain and suffering
This pertains to the physical pain and emotional distress the accident caused you. While these losses are more challenging to quantify than medical bills or lost wages, pain and suffering can significantly impact your quality of life.
Loss of enjoyment of life
If your injuries prevent you from participating in hobbies, recreational activities, or any other pursuits that previously brought you joy, you could seek compensation for this disruption in your daily life.
Property damage
You can pursue compensation for damage to your motorcycle or any other personal property destroyed in the accident.
In more serious cases, the damages may also include the long-term impact of the injuries on mobility, independence, recreation, and daily life.
Speak With an Experienced Motorcycle Accident Attorney Today
If you or a family member has been injured in a motorcycle accident, speaking with an attorney can help clarify the issues involved and identify the next steps in protecting your rights.
The experienced attorneys at Oaken Injury Law represent individuals injured in collisions involving motorcycles, passenger vehicles, trucks, and other roadway hazards.
Our commitment to our clients and prospective clients is simple: if you call Oaken Injury Law, you will speak with an attorney. An attorney at our firm will take the time to understand what happened, explain your options clearly, and help you decide how to move forward. Whether you were injured on a crowded Southern California freeway or a winding road in Greater Sacramento, we are here to provide the direct, dedicated legal support you deserve.
