Every accident is different. You could recover economic as well as non-economic damages for your accident.
Riding a motorcycle, undeniably, brings a sense of thrill and unique exhilaration. However, it does not come without its risks. In fact, motorcycle accidents have led to over 15% of all vehicular accident fatalities in California, significantly impacting the families of those involved.
When unfortunate circumstances strike, such as an accident, numerous tangible costs, or economic damages, arise. These damages are in direct correlation with the injury sustained and encapsulate every financial repercussion of the accident. A prominent example of these damages is the medical bills associated with any injuries incurred during the accident. Furthermore, other financial losses could include the income you were incapable of earning due to inability to work post-accident, and even any future earnings that may be lost due to the lasting impact of the accident.
Economic damages also take into account the expenses of mending or replacing your damaged motorcycle. In addition, they may include costs of rehabilitation, physical therapy, and potential future medical treatments. Under specific circumstances, such damages may even cover expenses for modifications made to your residence to accommodate your physical state post-accident.
On the other side of the spectrum, the accident may also bring about non-economic damages – the intangible aftermath of the accident. These damages go beyond the immediate, tangible costs. They envelop the emotional pain and distress, the overall impact on your lifestyle since your motorcycle incident, and the struggle with activities you once enjoyed before the accident.
These non-economic damages can also take into account the concept of “Loss of Consortium”. This refers to the effect the accident has had on the relationship with your spouse. Our role as your legal representatives is to ensure that all the damages are accounted for and you receive the rightful compensation that encompasses all facets of your accident, thus aiding you in restoring a semblance of normality to your life post-accident.
As such, if you, or a loved one, have been involved in an accident, it becomes crucial to discuss your case with an experienced motorcycle accident attorney like Belal Hamideh. Offering free case evaluations, we strive to aid you in recovering the rightful monetary compensation that you deserve.
Taking into account both the rider and non-rider, our team, led by experienced motorcycle accident lawyer Belal Hamideh, helps you recover the full compensation applicable to your case. The financial burden post such an accident can be substantial. Expenses such as rehabilitation, long-term care, loss of work capacity, pain and suffering, and more may pile up, potentially costing millions. We’re here to ease that burden.
Is it worth hiring a Motorcycle Accident Attorney?
Without a doubt. Retaining the services of a competent motorcycle accident attorney in California can prove invaluable. A seasoned attorney can fiercely protect your interests, defend your legal rights, and tirelessly endeavor to obtain the maximum possible compensation for your case.
Such an attorney is well-equipped to evaluate your case and ensure you receive your rightful compensation. Well-versed with essential deadlines including filing lawsuits, presenting evidence, and more, they prioritize your interests. Not only that, they can negotiate lower medical bill charges, obtain necessary police/traffic reports, and tend to numerous other tasks to alleviate your concerns.
Furthermore, a motorcycle accident attorney is proficient in skillful negotiations with insurance companies. Having a deep understanding of your policies and how they relate to your claim, the strategies used by insurance firms, they can ensure you receive everything entitled to you, whether through settlement or in court. The right attorney can prove to be instrumental in various ways.
Understanding the Process of Accountability in California’s Motorcycle Accidents
Motorcycle accidents often lead to devastating consequences. However, those affected by such traumatic incidents can seek justice through legal action against responsible parties. Commencing a lawsuit is just the beginning of this journey, though. It necessitates the establishment of fault on the part of the other driver, demonstrating their negligence directly contributed to the accident and subsequent damages caused.
In building a strong case for negligence, it falls on you and your legal representative to substantiate four critical components. The initial step is demonstrating that the offending party owed you a “duty of care”, an obligation to maintain a reasonable level of safe driving behavior. Evidence should then be provided to illustrate how the defendant breached this duty, either through inaction or wrongful actions. The third step is to link this breach directly to the motorcycle accident. The final task is to demonstrate the harm inflicted upon you as a direct result of the accident. A skilled attorney can guide you through the intricate process of establishing these points, assisting in the quest for justice.
How Long Does it Take to Resolve a Motorcycle Accident Claim in California?
While we would all like swift justice, the reality is that the timeline for resolving motorcycle accident claims varies greatly as each case is unique. Our team has successfully resolved cases in mere weeks, but there are also instances where proceedings spanned years, even necessitating trials. We firmly commit to advocating for victims of accidents, tirelessly fighting for their rightful compensation. One guarantee we can give is that contacting a lawyer promptly can expedite the initiation of the process, setting the wheels in motion for your due compensation.
Common Incidents in Motorcycle Accidents
Motorcycle accidents are often characterized by collisions involving larger vehicles, a common occurrence in California due to the sheer amount of traffic entering and exiting at the Port of California, one of the busiest commercial ports globally. Compounding this, the state is home to around 900,000 vehicles, further augmenting the potential risks to motorcyclists.
Regrettably, driving under the influence continues to be the leading cause of motorcycle accidents, responsible for roughly a quarter of fatal accidents. Other contributing factors include speeding, inexperienced drivers or riders, distracted driving, lane splitting, amongst others. There are also external factors beyond a motorcyclist’s control such as defective motorcycles, unsafe road conditions, and visibility challenges.
Injuries from a motorcycle accident are usually severe and range from fractures and whiplash to severe road rash burns, traumatic brain injuries (TBI), spinal cord damage, or even partial or full paralysis. Regardless of the nature of your injuries, our experienced team is ready to extend comprehensive support throughout this difficult period.
Deciphering the Accountability Path in California’s Motorcycle Accidents
Motorcycle accidents can cause severe damages and significant life changes. However, for the victims involved in these unfortunate events, the pursuit of justice can provide a sense of relief and reassurance. Holding accountable the parties responsible for such a calamity often starts with a lawsuit. But initiating a lawsuit is simply the first chapter in this tale of accountability. It’s essential to establish the blame placed on the other driver, showing how their negligent behaviour played a role in the accident and the consequential damages that ensued.
In constructing a sturdy case for negligence, the onus lies on you and your chosen legal advocate to validate four significant factors. The primary step involves demonstrating that the defendant had a “duty of care” towards you, a responsibility to uphold a reasonable degree of safe driving protocol. Evidence must then be garnered to portray how the defendant failed to uphold this duty, either by their non-action or reckless actions. The subsequent phase is to associate this dereliction directly with the motorcycle accident. The final goal is to elucidate the physical or emotional damages suffered by you as a distinct outcome of the accident. With the assistance of a proficient attorney, this complex process of proving these factors can be navigated successfully, inching you closer to justice.
How Much Time Does it Require to Settle a Motorcycle Accident Claim in California?
While it is understandable to desire swift closure, the truth is that there are no set timeframes for resolving motorcycle accident settlements, as each case encompasses its unique details. Our diligent team has resolved cases in as little as a few weeks, while others required years and even trials to reach a conclusion. We pledge to fervently support victims of accidents, relentlessly battling for their rightful restitution. The one assurance we can offer is that consulting a lawyer promptly can hasten the start of the procedure, setting the gears in motion for your rightful remuneration.
Typical Scenarios Involved in Motorcycle Accidents
Motorcycle accidents in California often involve collisions with larger automobiles, largely due to the constant influx and efflux of traffic at the bustling Port of California, considered one of the most active commercial ports worldwide. This, coupled with the fact that the state houses close to 900,000 vehicles, significantly escalates the risks faced by motorcyclists.
Regretfully, impaired driving continues to top the list of causes for motorcycle accidents, accounting for nearly one-fourth of fatal accidents. Other contributing elements include over-speeding, novice drivers or riders, distracted driving, lane splitting, amongst others. Additionally, external factors beyond the control of the motorcyclist, such as defective motorcycle parts, hazardous road surfaces, and visibility issues, also play a role.
Injuries stemming from a motorcycle accident can vary from mild fractures and whiplash to severe road rash burns, Traumatic Brain Injuries (TBI), spinal cord injuries, or even complete or partial paralysis. No matter the severity of your injuries, our seasoned team is prepared to provide extensive support through every phase of this challenging 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.)