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 deep in the forests and winding roads of the Sierras. That 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 the situation if you aren’t sure what steps to take next. An attorney will take the time to understand the details of the motorcycle accident, explain your options, and help you decide how to move forward.
Understanding the details of the motorcycle accident, the injuries involved, and the available insurance coverage are important parts of determining how a claim should proceed.
Motorcycle cases can be difficult because oftentimes insurance companies and opposing parties will attempt to place blame on the rider.
An experienced motorcycle accident attorney will do a careful investigation of the case which may include reconstructing how the crash occurred, evaluating roadway conditions, reviewing traffic patterns, analyzing the conduct of all drivers involved, understanding visibility and driver awareness, and identifying responsibility for the collision.
A careful investigation matters because motorcycle cases often turn on visibility, driver awareness, roadway conditions, and attempts to place blame on the rider.
An attorney will know the right questions to ask, help you navigate the legal maze, and work for you to ensure you receive the maximum amount of compensation.
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 cyclist. Drivers often focus primarily on other cars when judging when it is safe to turn and may fail to notice a cyclist approaching. Once a vehicle begins to turn into a bicyclist’s path, both the rider and the driver have just seconds to react. If they do not react in time, then an accident is likely.
Roadway hazards: Not all motorcycle accidents are caused solely by motor vehicle collisions. Potholes, debris, inadequate signage, broken pavement, loose gravel, uneven road surfaces, or poorly maintained bike lanes and construction zones can all create serious risks for cyclists, 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 of their surroundings which can result in an accident.
Common Injuries from Motorcycle Accidents
Motorcyclists will typically suffer two separate impacts in one accident: impact number one occurs when the vehicle strikes the motorcyclist, and impact number two occurs when the motorcyclist falls and hits the ground.
Because of the double impact and the limited physical protections motorcyclists have, motorcycle accidents will often lead to serious injuries, including broken bones and fractures, concussions or traumatic brain injuries, spinal injuries, internal injuries such as internal bleeding and organ damage, road rash and lacerations, joint injuries, and 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 generally involved as part of treatment for a motorcycle injury. In the most serious cases, a motorcycle crash may lead to permanent disability or other lasting 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 medical attention. 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. When a motor vehicle is involved, it is often important to contact law enforcement so that an official report can be created documenting the circumstances of the collision.
- Document the scene if possible. Photographs and videos of the roadway, traffic signals, vehicle positions, motorcycle damage, and visible injuries may become important evidence later.
- Obtain witness information. Witnesses may be able to provide valuable information about how the collision occurred.
- Preserve evidence. Damage to the motorcycle, helmet, and riding gear may provide important physical evidence and should generally be preserved in their post-accident condition.
- Avoid discussing the accident on social media. An insurance company can use anything you post online against you during the claim process. It’s best to refrain from discussing the accident or your injuries on social media platforms.
- Be cautious when speaking with insurance companies. Insurance adjusters may contact injured motorcyclists soon after the crash. It is often helpful to understand the nature of the injuries and the issues in the case before giving a recorded statement.
- Consult with a motorcycle accident attorney. Motorcycle accident claims can involve right-of-way issues, visibility disputes, roadway conditions, and comparative fault arguments. An attorney can help evaluate the claim, identify responsible parties, and take steps to preserve evidence early.
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 recover 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 recover 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.
Emotional distress
If your injuries prevent you from enjoying hobbies, recreational activities, or any other pursuits that previously brought you joy, you could recover compensation for this loss.
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 determine 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.
