Motorcycle Rights For Compensation
Dedicated Motorcycle Accident Attorneys
Motorcycle riders are at a disadvantage when involved in accidents with cars, vans, trucks and SUVs. When motorcycle accidents occur, these riders have greater exposure to injury, especially head injury or traumatic brain injury (TBI). Currently, California is ranked in the top 15 out of the 50 states for motorcycle fatalities.
A motorcycle accident doesn’t have to stop you from enjoying more rides in the future. At Jolly Berry Law, we understand the difficulty of trying to heal while dealing with the stress of wanting to get back to where you were before the accident. You want to ride again. Let us help you by advocating on your behalf.
When You're Hurt
Motorcycle Accidents: Common Causes & Injuries
Although motorcycle accidents in Mission Viejo are often caused by the negligent actions of others on the road, others are caused by issues with the motorcycle itself, or road hazards caused by defective road and highway design. Some of the most common causes of motorcycle accidents include:
- Negligent road design
- Defective motorcycle parts
- Incorrect lane usage or violation of right-of-way rules by other drivers
- Debris, uneven pavement and other road hazards
- Texting or other forms of distracted driving
When accidents happen, they happen fast, causing serious and often life-threatening injuries. Some of the most common injuries caused by motorcycle accidents include:
- Bone breaks/fractures
- Brain and spinal cord damage
- Burns and road rash
- Emotional trauma
Motorcycle Accident Advice
The Statute of Limitations in California
Odd as it may sound, a clock starts running as soon as you are involved in a motorcycle accident. Ordinarily, you only have two years from the date of your accident to bring a personal injury lawsuit against the other party involved (assuming that someone was injured or killed in the car accident). California law imposes this time limit on filing a personal injury lawsuit to assist the court system in determining the truth of what happened—if a lawsuit is filed years after the fact, witnesses’ memories can fade, evidence can be lost or destroyed, and locating the parties can be much more difficult than if the lawsuit was filed more quickly.
Given this running clock, it can be important to gather as much evidence at the scene of the accident as possible (as described above), and it can also be important to find and consult with an experienced Mission Viejo personal injury attorney at the earliest possible date. Your attorney may wish to conduct their own investigation and prepare a legal strategy prior to filing your lawsuit, and if you wait for a year before retaining an attorney, for example, you will have deprived your legal counsel of almost half the time period the law gives them to work up your case.
Proving Your Case
Proving a Motorcycle Accident Case in California
If you are injured by a negligent driver and hire an attorney to file a lawsuit against the driver who hurt you, your attorney will likely bring a “negligence” claim against that other driver. This is one of the most common legal claims associated with motorcycle accidents. To prove a negligence claim in court, your attorney will have to establish that the other driver owed you what is called a “duty of care,” in this case a duty to drive in a reasonably safe manner, that the other driver failed to honor that duty by driving dangerously (whether that driver was under the influence, texting, or just failing to watch the road), and that you were injured as a result of that other driver’s negligent driving.
Your attorney may rely on evidence you gathered at the scene, ask you to testify in court about what happened, and/or call witnesses who saw the accident to explain the relevant events to the court or jury. Your attorney may also present medical evidence to establish that you were injured and to prove the costs associated with your treatment. If you manage to prove that the other driver was negligent and injured you as a result, your attorney may be able to recover money damages to help you get through the aftermath of your motorcycle accident, as discussed further below.
Damages in Your Case
Damages in California Motorcycle Accident Cases
There are several different types of money damages that your attorney may be able to recover for you in a California personal injury lawsuit related to your motorcycle accident. These money damages are meant to—at least by some measure—make you whole for the losses you have incurred due to another driver’s negligence.
First, your attorney will attempt to recover what are called “economic damages,” sometimes also referred to as compensatory damages. These damages typically include money to cover your lost wages if you had to take time off of work to recover from your injuries and/or lost your job, they may also include reimbursement for the cost of your medical treatment, and they will typically include money to cover the damage to your car or other involved property, among other things.
Second, your attorney may request “non-economic damages.” These damages are meant to compensate you for the pain and suffering you endured as a result of your motorcycle accident. Non-economic damages may take into account the following factors:
- • Emotional distress
- • Inconvenience
- • Grief and mental suffering
- • Loss of enjoyment of life
- • Disfigurement or physical impairment
- • Anxiety
- • Humiliation
- • Loss of a spouse or family member
There are also other, less common types of damages that your attorney may be able to recover for you. For example, if the other driver’s behavior was particularly reckless, intentionally harmful, or otherwise egregious or aggravated. you may also be able to recover what are called “punitive damages,” or damages meant to punish the other person. These damages are fairly rare in California motorcycle accident cases, but they are sometimes awarded in drunk driving situations and in exceptional cases. You can consult a qualified personal injury attorney to learn more about the types of damages that might be available to you and your chances of recovering damages based on the specific facts of your case.
Jolly Berry Law Gets Results
Proven Results – Dedicated Advocacy
At Jolly Berry Law, we have helped hundreds of clients recover compensation for their injuries. When you choose to work with us to represent you in your car accident claim, we will devote our knowledge, expertise, and passion for justice to help you get back on your feet and be made whole again.
A consultation with one of our experienced personal injury attorneys at Jolly Berry Law is complimentary and risk-free. We handle our client’s cases on a contingency fee basis, which means that we only get paid if you get paid. This makes the decision to hire an expert in personal injury law, who will zealously pursue your best interests, an easy one. Contact us today at (949) 536-8891 for an initial consultation.