Key Takeaways
- Motorcycle accidents can be physically, emotionally, and financially devastating. If you or a loved one was hurt, a California motorcycle accident lawyer might be able to help you recoup some of your losses.
- Wrongful death lawsuits help mourning family members pay for end-of-life, burial costs, and future expenses while they focus on grieving.
- Motorcycle accidents aren’t always the fault of the bike rider. Many people — and corporations — could legally be to blame for injuries and death.
Did you get into a motorcycle accident on the beautiful Pacific Coast Highway or driving through the stunning Sierra Nevada? California has some of the most gorgeous places to hit the open road — but also the most dangerous. If you were injured in a motorcycle accident in the Golden State, you need the help of a California motorcycle accident lawyer.
Accidents on motorcycles are sadly more common than you might even imagine. In 2021 alone, there were over 5,000 fatal motorcycle accidents in the United States, accounting for 14% of total traffic fatalities. Non-fatal injuries are even more prevalent. If you’ve been injured in a motorcycle crash, contacting the experienced attorneys at Porter Simon Sierra Injury Lawyers is a critical first step in pursuing the benefits you deserve.
Get Started With Motorcycle Accident Lawyers
A motorbike injury can be a debilitating and life-altering experience. Whether or not you feel you have any liability in the accident, retaining an experienced motorcycle accident lawyer is essential to helping you manage your case.
For a motorcycle accident, you’ll want to retain a personal injury attorney with experience in all types of motor vehicle crashes. The lawyers at Porter Simon Sierra Injury Lawyers are experienced personal injury attorneys who fight to get accident victims the compensation they deserve.
Should I Get a Lawyer After a Motorcycle Accident in California?
Short answer: yes. Insurance companies often attempt to get you to admit your fault and sign your rights away. They may also attempt to lowball you if you aren’t at fault with a settlement that doesn’t come close to covering your expenses and other losses. A California motorcycle accident lawyer is the person who can help you gather evidence, hold it up to California-specific law, and determine what you may be owed. They can negotiate with insurers as well as fight in court to get you that amount.
Porter Simon Sierra Injury Lawyers can help. We’re local; we’ve spent our whole lives living in this area. We’re adventure sports enthusiasts with a passion for outdoor adventure and deeply understand the pain our clients face when injured while simply trying to experience everything our beautiful state has to offer.
“We know the unique dangers posed to motorcyclists by automobile drivers turning into on-coming traffic,” said Ravn Whitington, Parter at Porter Simon Sierra Injury Lawyers. “We recently obtained more than a half-million dollars for a motorcyclist and his passenger after they were hit by a car making a left-hand turn on Highway 267 near Tahoe City.”
If you need a Northern California motorcycle accident lawyer, you can trust that we not only understand the local laws that affect your case — we also know the area in which you were injured.
The National Highway Traffic Safety Administration reported that in 2021 alone, there were over 5,000 fatal motorcycle accidents in the United States.
What To Do After a California Motorcycle Accident
There are a few steps that can help you get the care you need and increase the chance of obtaining compensation after an accident.
Every situation is unique, but we’re sharing a few post-crash guidelines. Immediately after an accident:
1. Assess your injuries and call for help. If you need medical attention, call for an ambulance and police. Relocate (if possible) to a safe place, out of the roadway to avoid traffic and further injury.
2. File a police report. You can file a police report at the scene and make sure you know how to obtain a copy for your records.
3. Gather evidence and information. Take photographs, get the names and addresses of witnesses, and collect insurance carrier information. If you are unable to collect this information due to your injuries but can request a friend or family member to do it for you, ask for help. Don’t admit fault: Avoid saying something as simple as, “I’m sorry.” Talking to the other parties in the accident is a job best left for a motorcycle crash law firm.
4. Call a California motorcycle accident attorney. You can contact an attorney from the scene of your accident. An attorney can help give you information about what to say at the scene of an accident and help you avoid admitting fault.
5. File a claim with the at-fault party’s insurance carrier. Since California is an at-fault state, accident claims should be filed with the insurance provider of the person who caused the crash. A motorcycle crash injury can help you identify fault, file a strong insurance claim, and follow through to help you recover compensation.
If you’re involved in an accident that causes more than $750 worth of damage, you must report the accident, even if you are the only person involved. However, it’s essential to note that even if you were the only motorist in the accident, there could be an unseen guilty party like a motorcycle manufacturer if your bike failed unexpectedly. Motorcycle attorneys can help investigate all the parties who might be at fault.
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Your Compass to JusticeI Was in a Motorcycle Accident: Do I Have a Case?
Every accident is different, and determining whether or not you have a case is best left up to a motorcycle attorney. Don’t rely on what your insurance carrier or another party’s insurance carrier says about whether or not you are entitled to benefits.
There are two types of injury cases that generally arise from a motorcycle accident:
- Personal Injury. This type of case involves injuries to you or to others for which compensation may be owed.
- Wrongful Death. If someone you love is fatally wounded in a motorcycle accident and another party was at fault, you may be entitled to compensation.
The best way to determine if you have a motorcycle crash case is to contact a reputable attorney to discuss your accident and your options.
Do I Have a Case if I Don’t Have a Motorcycle M1 License?
To operate a motorcycle in California, you are required to have an MI license. If you get into an accident and don’t have an MI license, you may still be entitled to benefits, but there are exceptions. The best way to determine your eligibility for compensation is by contacting a team of motorcycle injury lawyers to determine your rights.
Do I Have a Case if I Wasn’t Wearing a Helmet?
In the state of California, motorcyclists are legally required to wear a helmet while riding their bikes. If you were not wearing a helmet at the time of your accident, you may still be entitled to benefits though the amount you can recover will likely be reduced.
California Insurance Laws in Motorcycle Accident Cases
In California, motorists and motorcyclists must be insured. It’s illegal to drive a car or ride a motorbike without insurance coverage. California’s Proposition 213 “No Pay, No Play” law enacted in 1996 limits damages a person can file for if they don’t have insurance.
If you are not found to be at fault, there may be compensable damages to which you are still entitled, such as medical expenses resulting from accident. Due to these potential complications, speak to California motorcycle accident attorneys to determine eligibility to file a lawsuit.
FAQ: Motorcycle Lawsuits: What To Know
How long after a motorcycle crash can you sue?
In the state of California, you typically have two years from the date of your accident to file an injury lawsuit.
However, there are different statutes that govern certain circumstances. For example:
- If a minor was injured in the crash, the two-year statute of limitations typically begins on the date the minor turns 18 years of age.
- If there was a wrongful death as a result of the crash, the statute of limitations generally begins on the date the person died.
Consult with a motorcycle accident lawsuit as soon as possible to ensure you do not miss your opportunity to recover compensation.
How long does a motorcycle accident lawsuit take?
The length of motorcycle accident lawsuits vary. Some cases last only a few months, but some may last for more than a year. Finding evidence, waiting on insurance responses, and navigating challenges from the other side can all influence how long a lawsuit takes to resolve. Since cases can go on for so long, working with motorcycle lawyers paid on a contingency fee basis can be a huge asset — they only get paid if they win your case.
A highly qualified motorcycle accident law firm can help give you the best shot of getting results quickly while remaining devoted to your fight for the long haul.
How much can you sue for a motorcycle accident?
Final payouts for your claim can vary, but for the optimal case outcomes, it’s wise to go with a legal team with trial experience in the event that an insurance company refuses to offer a fair settlement. Porter Simon Sierra Injury Lawyers has results that back up our firm’s reputation for being devoted to our clients and going the distance to ensure they receive the most compensation possible, as quickly as possible.
You may be entitled to both economic and non-economic losses. Economic losses include those such as medical expenses and lost wages from missed work, while non-economic losses include payouts for pain and suffering.
If you are acting as the beneficiary of a loved one who was fatally injured in a motorcycle accident, you may be entitled to benefits that cover funeral expenses, loss of consortium, and loss of financial support. In particular, it can be tricky to fully calculate the non-economic losses, especially when distracted by grief or pain. A top motorcycle accident lawyer will have the experience to leave no stone unturned.
Team Up With a Motorcycle Accident Lawyer
When you are injured or if you are the beneficiary of a loved one who was fatally injured in a motorcycle accident, get the representation you deserve. The law firm of Porter Simon Sierra Injury Lawyers is here to help you from the date of your accident to the date you receive your settlement. We’ll work tirelessly to ensure your case is handled with speed and expertise so you can focus on recovering.
We are ready to help, and can be reached via telephone, mail, or online inquiry — let’s talk about your case.