Indeed, after suffering from a motorcycle accident, having the right to sue is a definite yes. You are allowed to file a case against the accountable entity or entities that led to your injuries. If any individual or party behaved negligently or recklessly, resulting in your injury, they are liable for lawsuit.
In most scenarios, the party who is liable is the one responsible for the collision. However, there could be other liable parties, depending on the circumstances – these could be entities that neglected the maintenance of road conditions, the manufacturer of your motorcycle, or any other party that contributed to the accident. Under the expert guidance of experienced motorcycle accident lawyer Belal Hamideh and his team, a comprehensive investigation is conducted to pinpoint those at fault, and by what degree.
The next step involves us filing a lawsuit against all the responsible parties to ensure that you obtain the rightful compensation for your ordeal.
What is stunning is that in the vast majority of motorcycle accident incidents, the motorcyclist is not the liable entity. Our expert, Belal, will go the extra mile to uncover the truth.
To kick-start your journey towards justice, schedule a free case evaluation by contacting us on our website or giving us a call.
What a Motorcycle Accident Lawyer Can Cater to You
Have you been a victim of a motorcycle accident in California or surrounding regions? Irrespective of whether you were operating the motorcycle or not, California motorcycle accident specialist Belal Hamideh can guide you to claim the compensation you rightfully deserve for your sufferings.
Motorcycling can undeniably be an exhilarating experience. Sadly, it comes with its fair share of hazards. The injuries that a motorcycle accident can inflict are often more severe compared to other accidents, resulting in substantial injuries or worse consequences for you and your family. It’s startling that more than 15% of all vehicle accident deaths in California involve motorcycles.
A motorcycle accident can lead to exorbitant medical bills, including long-term care, rehabilitation, loss of work ability, pain, suffering, and more, potentially costing millions. Belal Hamideh is here to help you navigate this. You can schedule a complimentary consultation with our team to ensure that you receive all the compensation you merit.
The Worthiness of Hiring a Motorcycle Accident Lawyer
Undeniably, the value of recruiting a top-notch California motorcycle accident lawyer cannot be overstated. A competent lawyer will vigorously advocate for your best interests while safeguarding your legal rights, with the ultimate aim of helping you secure maximum compensation for your claim.
A legal representative with experience in motorcycle accident cases will have the expertise to accurately evaluate your case so that you receive your deserved compensation. They are proficient in meeting all deadlines, including filing suits, submitting evidence, and more, never compromising on your interests. They can facilitate the payment of your medical bills at the lowest possible amount, procure police/traffic reports, and manage many other tasks on your behalf.
In addition, a motorcycle accident attorney is well-versed in dealing with insurance firms. Having a deep understanding of your policies and how they apply to your claim, they know how to navigate the tactics of insurance companies, assuring that you receive everything you are entitled to, either through settlement or in court. The right attorney can assist you in numerous ways.
Understanding Motorcycle Accident Compensation Entitlements
Being involved in a motorcycle accident can lead to significant lifestyle changes. Aside from having to cope with physical injuries, mental and emotional trauma often accompany such incidents. However, you can rest assured that assistance is available. There exists a legal framework that allows you to claim compensation for both your economic and non-economic damages.
Financial Expenses as Economic Damages
Economic damages are designed to cater to your financial expenses following your accident, such as medical bills, lost income, and vehicular repair or replacement. More drastic situations might necessitate compensation for rehabilitation, physical therapy, and future medical treatments. It might also cover the cost of home modifications required due to permanent disability.
Non-Economic Damages: Beyond Monetary Losses
Contrastingly, non-economic damages cater to elements that are difficult to value monetarily. These damages include pain, emotional suffering, and the overall trauma endured since the accident. These damages can also cover “Loss of Consortium,” defined as the loss experienced due to the absence of a spouse, and the “Loss of enjoyment of life,” which is the inability to participate in activities previously enjoyed prior to the accident.
Identifying Responsible Parties for Legal Action
If you’re considering filing a lawsuit for your motorcycle accident, it’s crucial to identify the person responsible for the crash. However, this is only the initial phase of the process. More importantly, you must prove that the other driver was negligent, and this negligence led directly to your accident and subsequent damages.
Building a Case Based on the Principle of Negligence
For your lawsuit to be successful, you and your lawyer must effectively prove four elements. First, the defendant owed you a “duty of care,” implying that they had a responsibility to drive safely and reasonably. Secondly, the defendant breached this duty either through incorrect action or inaction. You must then demonstrate that this violation led to your accident. Lastly, you need to provide evidence that you suffered damages as a result of the incident.
Claim Settlement Timeframe
The timeline to resolve a motorcycle accident claim varies depending on the specifics of the accident. Some clients receive settlements within weeks, while others might take years or require a trial. Having an experienced attorney on your side can expedite the process, ensuring you receive your entitlements as soon as possible.
Motorcycle Accident Scenarios
The most common type of motorcycle accidents involves collisions with larger vehicles. This is particularly prevalent in areas with high commercial activity, such as the Port of California. With thousands of large vehicles and approximately 900,000 personal vehicles, the risk for motorcyclists is high.
Under the influence driving, unfortunately, tops the list of causes for motorcycle accidents. Other significant factors include excessive speed, inexperienced or reckless drivers, lane splitting, and more. In addition, external factors like faulty motorcycles, unsafe road conditions, or poor visibility also contribute to accidents.
The nature of injuries in a motorcycle accident varies; however, the most common ones include broken bones, whiplash, severe burns, traumatic brain injuries (TBI), spinal cord injuries, and even partial or total paralysis. Regardless of the severity of the injuries incurred, our team is equipped to aid you through the legal process.-
Navigating Your Actions After a Motorcycle Accident
Suffering from a motorcycle accident can cast you into a whirlwind of shock and adrenaline. The following actions will help guide you on the path to recovery and legal resolution:
- Your Safety is Paramount. Remove yourself from immediate danger and secure urgent medical attention if necessary. You may not feel injured initially, however, it is essential to seek professional medical advice.
- Reach out to Local Law Enforcement. A thorough police report is crucial evidence in your personal injury case and can significantly fortify your claims.
- Record Contact Details. Capture the name, contact number, license details, address, insurance information, and vehicle description of the other party involved in the accident.
- Ascertain the Scene. If you’re capable, document your injuries and the accident scene with photographs to provide visual support of the circumstances.
- Never Indicate Guilt. Following the accident, it’s critical not to make any statements implying responsibility.
- Seek Legal Assistance. An insightful and experienced attorney can walk you through the legal maze and ensure your interests are fully protected.
The Helmet Factor in Motorcycle Accidents
A helmet is a crucial safety gear for motorcyclists. California law demands motorcycle drivers and their passengers to always wear a helmet. In case you had an accident and you were not wearing your helmet, it may partly implicate you for your own injuries.
However, the legal system in California operates on a “comparative negligence” basis. This implies that even if you failed to wear a helmet during the accident, you can still claim compensation for your pain, suffering and injuries.
The Insurance Aspect in Motorcycle Accidents
You’re still eligible for compensation even in the absence of insurance, provided the other party was the main contributory factor in the accident. However, your potential compensation will be considerably lower due to a lack of liability coverage.
Motorists without insurance who are involved in accidents, not primarily their fault, are still penalized for not having insurance coverage as per Californian law. You may face restrictions when claiming compensation for pain and suffering, non-economic damages, limiting you to seek compensation solely for economic damages.
Engage a Trustworthy California Motorcycle Accident Attorney
Motorcycle accident attorney Belal Hamideh has a long history of representing victims of motorcycle accidents. He can harness this wealth of experience to secure a favorable outcome for your case. We operate on a “no win, no fee” basis, ensuring you only pay once your case is successfully concluded.
The benefits of engaging an attorney in the early stages of your case cannot be overstated. The sooner you take legal advice, the higher your chances of securing maximum compensation. A statute of limitations gives you two years from the accident date to initiate your lawsuit for injuries suffered during the accident. Start now, and don’t wait until the last minute. We are ready and waiting to help you through this difficult time.
California Motorcycle Laws
These laws may pertain to your situation. If you have further questions, don’t hesitate to reach out to Belal.
2009 California Vehicle Code – Section 27800-27803 :: Article 7. Motorcycles
VEHICLE CODE
SECTION 27800-27803
- It is unlawful for a driver of a motorcycle or a motorized
bicycle to carry any other person thereon, except on a seat securely
fastened to the machine at the rear of the driver and provided with
footrests, or in a sidecar attached to a motorcycle and designed for
the purpose of carrying a passenger. Every passenger on a motorcycle
or a motorized bicycle shall keep his feet on the footrests while
such vehicle is in motion.
- A person shall not drive a two-wheel motorcycle that is
equipped with either of the following:
(a) A seat so positioned that the driver, when sitting astride the
seat, cannot reach the ground with his or her feet.
(b) Handlebars so positioned that the hands of the driver, when
upon the grips, are more than six inches above his or her shoulder
height when sitting astride the seat.
- (a) The department may adopt reasonable regulations
establishing specifications and standards for safety helmets offered
for sale, or sold, for use by drivers and passengers of motorcycles
and motorized bicycles as it determines are necessary for the safety
of those drivers and passengers. The regulations shall include, but
are not limited to, the requirements imposed by Federal Motor Vehicle
Safety Standard No. 218 (49 C.F.R. Sec. 571.218) and may include
compliance with that federal standard by incorporation of its
requirements by reference. Each helmet sold or offered for sale for
use by drivers and passengers of motorcycles and motorized bicycles
shall be conspicuously labeled in accordance with the federal
standard which shall constitute the manufacturer’s certification that
the helmet conforms to the applicable federal motor vehicle safety
standards.
(b) No person shall sell, or offer for sale, for use by a driver
or passenger of a motorcycle or motorized bicycle any safety helmet
which is not of a type meeting requirements established by the
department.
- (a) A driver and any passenger shall wear a safety helmet
meeting requirements established pursuant to Section 27802 when
riding on a motorcycle, motor-driven cycle, or motorized bicycle.
(b) It is unlawful to operate a motorcycle, motor-driven cycle, or
motorized bicycle if the driver or any passenger is not wearing a
safety helmet as required by subdivision (a).
(c) It is unlawful to ride as a passenger on a motorcycle,
motor-driven cycles, or motorized bicycle if the driver or any
passenger is not wearing a safety helmet as required by subdivision
(a).
(d) This section applies to persons who are riding on motorcycles,
motor-driven cycles, or motorized bicycles operated on the highways.
(e) For the purposes of this section, “wear a safety helmet” or
“wearing a safety helmet” means having a safety helmet meeting the
requirements of Section 27802 on the person’s head that is fastened
with the helmet straps and that is of a size that fits the wearing
person’s head securely without excessive lateral or vertical
movement.
(f) This section does not apply to a person operating, or riding
as a passenger in, a fully enclosed three-wheeled motor vehicle that
is not less than seven feet in length and not less than four feet in
width, and has an unladen weight of 900 pounds or more, if the
vehicle meets or exceeds all of the requirements of this code, the
Federal Motor Vehicle Safety Standards, and the rules and regulations
adopted by the United States Department of Transportation and the
National Highway Traffic Safety Administration.
(g) In enacting this section, it is the intent of the Legislature
to ensure that all persons are provided with an additional safety
benefit while operating or riding a motorcycle, motor-driven cycle,
or motorized bicycle.
2023 California Code
Vehicle Code – VEH
DIVISION 12 – EQUIPMENT OF VEHICLES
CHAPTER 5 – Other Equipment
ARTICLE 7 – Motorcycles
Section 27803.
- (a) A driver and any passenger shall wear a safety helmet meeting requirements established pursuant to Section 27802 when riding on a motorcycle, motor-driven cycle, or motorized bicycle.
(b) It is unlawful to operate a motorcycle, motor-driven cycle, or motorized bicycle if the driver or any passenger is not wearing a safety helmet as required by subdivision (a).
(c) It is unlawful to ride as a passenger on a motorcycle, motor-driven cycles, or motorized bicycle if the driver or any passenger is not wearing a safety helmet as required by subdivision (a).
(d) This section applies to persons who are riding on motorcycles, motor-driven cycles, or motorized bicycles operated on the highways.
(e) For the purposes of this section, “wear a safety helmet” or “wearing a safety helmet” means having a safety helmet meeting the requirements of Section 27802 on the person’s head that is fastened with the helmet straps and that is of a size that fits the wearing person’s head securely without excessive lateral or vertical movement.
(f) This section does not apply to a person operating, or riding as a passenger in, a fully enclosed three-wheeled motor vehicle that is not less than seven feet in length and not less than four feet in width, and has an unladen weight of 900 pounds or more, if the vehicle meets or exceeds all of the requirements of this code, the Federal Motor Vehicle Safety Standards, and the rules and regulations adopted by the United States Department of Transportation and the National Highway Traffic Safety Administration.
(g) In enacting this section, it is the intent of the Legislature to ensure that all persons are provided with an additional safety benefit while operating or riding a motorcycle, motor-driven cycle, or motorized bicycle.
(Amended by Stats. 1997, Ch. 710, Sec. 4. Effective January 1, 1998.)