Why Is Motorcycle Accident?

More often than not, a motorcycle accident is not caused by the motorcyclist. Instead, another driver is liable. If you were injured in a motorcycle accident caused by someone else’s negligence and/or recklessness, you could be eligible for compensation. An experienced motorcycle accident attorney can help you to recover everything that you should. 

Understanding the Compensation Mechanism in Motorcycle Accidents

Accidents can be life-altering, and this understanding is more profound with motorbike accidents. The aftermath of such unfortunate occurrences can be taxing, both physically and emotionally. Nevertheless, there is a silver lining in the form of compensation that you may receive. The nature and amount of your entitlement hinge primarily on the intricacies of your accident. Key determinants ranging from the allocation and degree of liability to the magnitude of your injuries are instrumental in determining the extent of your reimbursement.

Two broad categories of damages may come your way – financial and non-financial. Financial damages cover expenses emanating from the injuries you sustained, which comprise emergency and sustained medical treatments, lost income (present and future), costs associated with repairing or replacing your motorcycle, and so forth. If your injuries were severe, financial damages could extend to rehabilitation, ongoing medical care, physical therapy, and home modification costs among others.

Non-financial damages, on the other hand, cover the psychological and emotional distress that you’ve had to endure after the accident. This category could comprise damages such as “Loss of Consortium”, representing the loss of a spouse, or “Loss of enjoyment of life”, where compensation is given for the impediment to enjoying activities previously enjoyed before the accident. Our commitment is to empower you to claim every single dollar you are entitled to.

The Role of a Motorcycle Accident Attorney

Suffered from a motorcycle mishap in California? Regardless of being the rider or not, engaging the services of Belal Hamideh, a seasoned motorcycle accident lawyer based in California, will ensure that you are fully compensated for your misfortune.

Motorcycle rides offer an incomparable thrill but also expose you to considerable perils. Motorcycle accidents often result in dire consequences, far more severe than other vehicular accidents. In reality, motorcycle accidents account for over 15% of all vehicle accident fatalities in California.

The financial implications of a motorcycle accident can be daunting – rehabilitation, long-term care, diminished earning capacity, pain and suffering, among others. The cumulative costs could escalate to millions. This is where Belal Hamideh comes in to protect your interests and ensure you receive your dues.

The Necessity of a Motorcycle Accident Lawyer

Hiring a seasoned motorcycle accident lawyer is irrefutably worthwhile. A competent attorney will vehemently fight for your interests, ensuring that you secure maximum compensation.

A lawyer well-versed with the dynamics of motorcycle accident cases will skillfully assess your case to ascertain that you get every dollar owed to you. They are well-informed about the crucial deadlines for filing lawsuits, submitting evidence, and more to effectively advocate for your interests. They negotiate the lowest possible medical bill payments, obtain police and traffic reports, and manage various tasks, freeing you to focus on your recovery.

Moreover, a motorcycle accident attorney has a deep understanding of the operations of insurance companies. They discern your policy clauses, their applicability to your claim, the intentions of the insurance firm, and how to ensure you get every dollar you deserve from them, whether through an out-of-court settlement or in court. The right attorney can render invaluable assistance through it all.

Understanding Your Rights After a Motorcycle Accident: Compensation, Legal Process, and Typical Scenarios

If you’ve found yourself embroiled in the aftermath of a motorcycle accident, it’s critical that you attain comprehension of your rights and expectations in terms of compensation, legal action, and timeframes for case resolution.

When it comes to remuneration, you’re entitled to repayment for both economic and non-economic damages. Economic damages principally cover the financial burdens stemming from your accident, including medical expenses, loss of wages, motorcycle repair or replacement fees, and other related costs. In cases of severe injuries, this category of compensation can also encompass rehabilitation costs, future medical care, home modifications for disability, and more.

Non-economic damages, on the other hand, evaluate the emotional and psychological impact of your accident. These include pain, emotional distress, and the struggles you’ve had to face in the wake of the accident. You could also receive compensation for “Loss of Consortium” (loss of spouse) or “Loss of Enjoyment of Life” (inability to participate in activities you previously enjoyed). The goal here is to remunerate you comprehensively and justly for the impacts of your accident.

Moving on to the legal framework, you’re granted the right to litigate against the individual responsible for your accident. Launching a lawsuit is just the first stride; you must present concrete proof that the other driver acted negligently, resulting in your accident and injuries.

Constructing a negligence case requires that you and your legal team provide convincing evidence for four primary elements. The first is to demonstrate a “due of care” obligation on the part of the defendant, which requires them to maintain mindful and safe driving habits. You must then prove that this duty was violated through the defendant’s inaction or improper behavior. Subsequently, you have to link this violation to your accident, and finally provide evidence of the damages you suffered as a result. Deft guidance from a seasoned lawyer can be invaluable throughout this process.

As for the time needed to resolve your motorcycle accident claim, it varies. Every accident is unique, therefore the timeline of your case will also be exclusive. While we’ve supported several clients in procuring settlements within a few weeks, there have been instances where claims have spanned years, even demanding court intervention. Assisting victims like you, championing your rights, and ensuring you receive your due compensation as expediently as possible is our utmost commitment.

Typical scenarios of motorcycle accidents primarily involve collisions with or being hit by larger vehicles. This is particularly true in locations with busy commercial harbors like the Port of California, where there is regular heavy traffic of semi-trucks and large vehicles. Adding the nearly 900,000 vehicles owned by the city’s residents, the risk to motorcyclists is elevated.

Sadly, intoxicated driving stands as the principal cause of motorcycle accidents, contributing to about 25% of all lethal incidents. Other frequent causes encompass high-speed driving, inexperienced drivers or bikers, distracted driving, and lane-splitting. Elements beyond a biker’s control, including defective motorcycles, perilous road conditions, and reduced visibility, are also significant contributors.

Common injuries incurred in motorcycle accidents involve fractures, whiplash, serious road rash burns, traumatic brain injuries, spinal cord injuries, and paralysis. Irrespective of your accident’s specifics, our team is dedicated to providing comprehensive support and seeking justice on your behalf.

The Aftermath of a Motorcycle Accident: Your Complete Guide

In the wake of a motorcycle mishap, it’s natural to be flustered and in a state of shock, with adrenaline levels skyrocketing. Here’s a comprehensive manual on your subsequent course of action:

  • Firstly, it’s crucial to assure your safety. Swiftly distance yourself from the accident scene to avoid further harm and consider seeking medical attention, irrespective of how you perceive your condition.
  • Alert the proper authorities. The importance of a police report for your personal injury claim cannot be overstressed.
  • Exchange contact particulars with the other person involved. Gather their name, phone number, driving license details, residential address, vehicle information, and insurance details.
  • Document the incident meticulously. If circumstances permit, snap photos of your injuries and the accident scene.
  • Refrain from acknowledging fault. There’s absolutely no requirement for you to concede liability post-incident.
  • Solicit advice from an experienced attorney. They will systematically walk you through the entire procedure.

What Happens If I Didn’t Have a Helmet On?

It’s paramount to always deck out in a helmet during a motorcycle ride. Per Californian law, motorcycle riders along with their passengers are mandated to wear helmets at all times. Neglecting this rule during an accident might render you partly culpable for your injuries.

Nonetheless, California works on a ‘comparative negligence state’ doctrine, allowing you to file and secure remuneration for your distress, agony, and injuries, even if you were helmet-less. We have vast experience helping clients in such predicaments.

What If I was Riding Uninsured?

You are still eligible for compensation for personal injury caused by a third-party, despite being uninsured. However, the absence of liability insurance curtails the amount of the compensation you are entitled to significantly.

If you were uninsured during a motorcycle mishap and you are innocent, you will incur a penalty for lack of coverage. California law mandates all drivers to possess liability insurance.

Specifically, the penalty debars you from seeking damages for emotional distress and agony, known as non-economic damages. Consequently, you can only claim for economic damages. We are here to help you maximize your recovery.

Hire a Reliable Californian Motorcycle Accident Solicitor

Belal Hamideh, a highly-regarded motorcycle accident attorney with an impressive track record in aiding individuals recovering from motorcycle mishaps, is ready to use his vast knowledge for your cause. You only bear charges upon the case’s conclusion, with zero upfront costs until we successfully claim a victory.

While it may seem convenient to delay reaching out to an attorney post-accident, prompt action enhances your chances of receiving maximum compensation. You have a two-year window post-accident to file charges for your injuries. Act swiftly and circumvent missing out on your rightful compensation. We are here, ready to back your cause.

Motorcycle Accident Laws in California

These laws may pertain to your motorcycle accident. 


California Code, Vehicle Code – VEH § 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.

If you were injured in an accident involving a motorcycle and would like a free case evaluation, contact us through our site or by giving us a call.