What to Do if You or a Loved One Has Been in a Motorcycle Accident

Currently, the national rate for motorcycle accident deaths is 28 times higher than that of car accidents involving other vehicles. Since 1997, the rate of motorcycles involved in accidents that resulted in fatalities has doubled. Motorcycles, on average, weigh only 600 lbs, and even the most well-trained driver cannot figuratively compete with a car made of 4,000 pounds of steel. 

For this reason, only 20% of car accidents involving two or more vehicles result in any injury or fatality, but 80% of motorcycle accidents do. But what do you do if you or a loved one has been involved in a 오토바이 사고 in California? In this blog, you will learn:

• Motorcycle accident statistics in California
• Common causes of motorcycle accidents
• What to do after an accident
• Whether you have a personal injury claim
• How much compensation you may be entitled to 
• Why you should work with an Orange County motorcycle accident lawyer
• How to find the right attorney

How Common Are Motorcycle Accidents in Orange County, California?

1997	2017
Motorcycle fatalities accounted for 5.7% of all fatalities	Motorcycle fatalities took place 14% of the time
2,320 people die from motorcycle accidents	5,286 people died from motorcycle accidents

In California, motorcycle accidents occur throughout the year, with a notable increase during the summer, particularly in July. This seasonal rise is attributed to increased ridership and good weather.

In 2017, motorcycle deaths in California comprised 15.1% of all motor vehicle accidents. Of those, 14,400 injuries were sustained even though motorcycles represent only 3% of the drivers on the roads in Southern California. California ranks 15th highest for fatal accidents involving motorcycles.

What Are the Causes of California Motorcycle Accidents?

California has legalized lane-splitting, permitting motorcyclists to ride between lanes of traffic on freeways. This practice is intended to enhance traffic flow and reduce congestion, with potential secondary benefits such as decreased vehicle emissions due to less idling. However, reckless drivers often fail to check for motorcycles before they merge, capitalizing on lane splitting, especially into the carpool lane.

This law has caused a significant increase in motorcycle accidents on certain high-risk roads and highways in Orange County. As larger cars cut into the carpool lane, typically to avoid stop-and-go traffic on the freeways, they will run motorcycles off the road, into other vehicles, or against the medians. Many motorcycle accidents in California are also caused by distracted driving, speeding, and drunk driving.

5 Things You Should Do After a Motorcycle Accident

To protect yourself both legally and financially, there are a few steps you should take after a motorcycle crash:

1. 911에 전화하기

This should be the first thing you do after any accident. First, you will need a police report of the car accident. This is especially true if you sustain any injuries, such as traumatic brain injuries. A traffic collision report includes information regarding the vehicles involved, the damage, the type of accident, and any injuries. If your personal injury case goes to trial, the police officers who came to the scene can be subpoenaed and asked to provide witness testimony.

2. 증거 수집

You will want to gather any necessary information from the other driver(s) involved, such as:

• Home or business address
• Name 
• 전화번호
• 보험 정보
• Pictures or videos of the accident scene, including any damages or injuries
• Witness statements and their contact information 

Collecting this information at the time of the accident will prove incredibly important. It will be easier to prove damages if you have pictures on your phone with a time and date stamp at the time of the motorcycle collision. Failure to take pictures and gather evidence at the accident scene can damage your accident claim. If you provide pictures one month later, insurance companies could argue that you caused those damages in the month you had been driving the vehicle since.

3. Contact Your Insurance Company

If you are involved in an accident, you must contact your insurance provider to let them know. They will receive a copy of the police report, investigate the accident, and contact the other party’s insurance company. This will help when you speak with an attorney about your injuries and property damage from your accident. At no point during your discussions with the police or the insurance company should you discuss fault.

4. 의료 진료 진행

You are responsible for seeking medical attention immediately after an accident involving other vehicles. This can be as simple as undergoing a checkup with your general practitioner. Just because you don’t feel symptoms of an injury immediately after a motorcycle accident doesn’t mean they aren’t there. In many cases, the adrenaline that kicks in during an accident will mask severe pain for 24 to 48 hours. You must seek medical attention and follow any medical advice prescribed to you to treat any symptoms or injuries you have sustained. If you wait months to seek medical attention for a common motorcycle accident injury like whiplash and your injuries have compounded, you might not be entitled to compensation.

5. Speak with an Experienced California Motorcycle Accident Attorney

You should speak to an attorney as soon as possible. You should start gathering evidence, reviewing the accident details, and establishing negligence as soon as possible to support your claim. California has a two-year period during which you can file charges for a motorcycle accident. You won’t be entitled to compensation if you fail to submit your claim within that time.

Some time frames for gathering evidence needed to prove negligence are as short as 30 days, so getting started immediately is essential to getting the compensation you deserve. With an attorney, qualified legal experts can make sure nothing gets overlooked. You will be informed of any documents you must provide or any actions you need to take. You might encounter problems working with insurance companies that don’t want to pay out. An attorney can do all of this on your behalf.

Compensation in a Motorcycle Accident Claim

If you or a loved one sustained severe injuries in a motorcycle accident due to the negligence of another driver, you can submit a claim and receive damages. An attorney can help you find the average payout for motorcycle accident cases like yours. Early in the case, it might be challenging to predict how much money you may lose because of missed work, the long-term impact of your injury, or the total cost of your medical bills. Motorcycle accident victims can receive punitive and compensatory damages. Both have monetary limits.

Compensatory Damages

Compensatory damages are intended to make the injured motorcycle accident victim “whole” again by addressing their financial, emotional, and physical losses. These damages include, but are not limited to:

• Current or future loss of wages because of an injury sustained during the accident
• 의료비용
• Predicted cost for future medical treatment
• Compensation for pain and suffering
• Compensation for mental and physical trauma
• 배우자 및 가족관계의 상실
• Loss of enjoyment
• 신체외형 손상
• Future caretaking and medical expenses

The amount you can receive in compensatory damages varies based on the severity of your accident and the losses you suffer. Consulting an experienced motorcycle accident lawyer can provide a more accurate assessment of the compensation you are entitled to.

징벌적 손해배상

Punitive damages are designed to punish the responsible party. However, if you were partially at fault for the accident or the catastrophic injuries, the total damages you can receive will be reduced. Punitive damages land in your favor if the other party is at fault. Limits for compensatory and punitive damages vary from one state to another. This is why only a qualified personal injury attorney can help you review the specifics of your case and establish relative fault and comparative negligence. According to the National Highway Traffic Safety Administration (NHTSA), over 4,000 motorcycle accident fatalities take place on average each year. 44% involved one motorcycle, and 56%

Why Speaking With a Motorcycle Accident Attorney Is Important

If you have been involved in a motorcycle crash in California, it is important to speak with a qualified motorcycle attorney. An attorney can help you navigate the complex legal environment and deal with insurance companies. Accident victims sometimes try to represent themselves and file a claim without a lawyer, but it can get messy.

Attorneys also know when certain documents must be submitted to insurance companies or the courts to process your claim. They also know what information you need to substantiate your compensation claims. Having this knowledge ahead of time and an understanding of personal injury law can significantly expedite the process. There are a few reasons why you should contact an Orange County motorcycle accident lawyer:

1. Personal Injury Claims Are Time Sensitive

Using a motorcycle accident attorney makes submitting a claim much easier. When you set about to receive compensation, you begin by submitting a demand letter to the insurance companies of those involved in the accident. This states the injuries you have sustained and how much compensation is required to remedy them. There are many deadlines and rules regarding this process, and large insurance companies will fight tooth and nail to avoid paying out the money you deserve. When dealing with individuals who do not have legal representation, they often stall and wait out the process until your time is up. With an attorney by your side, they will have to fight your legal representative, not you.

2. Get the Compensation You Deserve Quickly

An experienced motorcycle injury attorney will help you determine if you are entitled to compensation. You don’t have to worry about gathering documentation or evidence for your physical, emotional, and mental damages when working with an attorney. A motorcycle injury lawyer will negotiate a fair settlement on your behalf and can help you file a lawsuit if necessary, which can happen if a settlement cannot be reached.

3. Save Time and Hassle

Following an accident, individuals often face physical pain, severe injuries, vehicle damage, and medical expenses. With an Orange County motorcycle accident lawyer, you can:

• Determine how much compensation you are entitled to
• Let someone else negotiate with large insurance companies on your behalf
• Get answers to any questions you have as they arise
• Have peace of mind during a stressful and overwhelming time

Be aware that a statute of limitations applies, meaning the countdown to file a claim begins immediately after the accident. You need to act quickly and get a qualified California motorcycle accident attorney on your side. Working with a motorcycle accident lawyer will help you save time. You also save the hassle of going to court by settling out of court. This helps you get compensation for your motorcycle accident injuries faster and with less inconvenience.

4. Don’t Pay Unless You Win Your Case

One of the best parts about working with a personal injury attorney near you is that you do not have to pay unless you win your motorcycle accident case. Accident attorneys will take on your case and only receive part of your settlement as compensation once your case is settled. If you do not win your case, you do not pay. This makes working with an attorney a no-brainer for most people involved in a motorcycle accident.

5. Free Case Evaluation

Many people are uncertain whether they truly need an attorney or even if they have a case. Speaking with an attorney under no obligation and hearing all the facts can be very enlightening and informative. A free consultation can help you:

• Learn more about what financial compensation you are entitled to
• Figure out the next steps
• Connect you with an experienced attorney 
• Get the fair compensation you deserve free of charge (until you win) 

Find the Best Motorcycle Accident Lawyer in Orange County

DK Law brings decades of experience fighting for clients injured in motor vehicle accidents. Our team has the skills and expertise to get you maximum compensation. If you were injured in an auto accident, contact one of our top-rated motorcycle accident attorneys immediately. Our team of motorcycle accident attorneys in Southern California can help you start your legal proceedings on the right foot with a free case evaluation.