Motorcyclists face far greater risks on the roadways than occupants of passenger vehicles. Motorcycles are smaller, less visible, less stable, and far less crashworthy than closed, four-wheeled cars and trucks. Sadly, many motorcycle accidents are caused by other drivers. If you have been injured in a motorcycle accident that was not your fault, contact the Riverside motorcycle accident lawyers at Hanson & Mouri today. Our legal team of experienced Riverside personal injury lawyers and Riverside motorcycle accident attorneys are tough advocates for injured motorcyclists.
As stated by the National Highway Traffic Safety Administration (NHTSA), approximately one-third of all motorcycle collisions with other vehicles are caused by other drivers turning into the path of the motorcycle. This type of accident often occurs when a driver turning left at an intersection fails to register an oncoming motorcycle in the roadway.
Motorcycles are smaller and easier to get lost in a driver’s blind spot. A driver who changes lanes without first signaling and then performing a head check can wipe out a motorcycle rider in an adjacent lane.
Many motorcycle crashes involving a motorcycle and another vehicle occur with the vehicle hits the motorcycle head on. This type of Riverside auto accident is often fatal for the rider. When the motorcycle comes to an abrupt stop in the crash, the rider will either be crushed or catapulted through the air and onto a hard surface.
Obstacles in the road are a hazard for any motorist, but even more so for motorcyclists. A bike lacks the stability of a four-wheeled vehicle. Gravel, slick spots, and any debris on the road, let alone dead animals, can cause a motorcyclist to suffer a serious crash.
This type of accident occurs when a motorcycle travels between two lanes of stopped or slow-moving traffic. As drivers often fail to anticipate lane splitting, it can lead to accidents. Even if you are lane splitting, you have a case.
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Motorcycle riders are 4 times more likely than other motorists to be seriously injured or killed in a traffic-related car accident in Riverside. Without the protection of being inside of a vehicle, motorcyclists are at increased risk for serious or even fatal injuries when involved in a crash. If you or a loved one have been injured or killed in a collision while riding any type of bike, you may have questions about how to pay for your medical bills and what to do about your pain and suffering.
Our motorcycle accident lawyers can help you and your family get the monetary compensation you deserve for your personal injury. Our firm can represent you no matter what you ride; Harley-Davidson, chopper, cruiser, mini bike, moped, street bike, sport bike, racing bike, or even a motor-cross bike. Most accidents involving motorcyclists result when another driver violates a motorcycle riderʼs right-of-way. This occurs when another vehicle pulls out in front of, or turns in front of a motorcyclist. When you are injured in this type of accident you are entitled to recover monetary damages to pay for your medical bills, lost wages, and pain and suffering. When another driverʼs careless and irresponsible behavior causes you or a loved one to be involved in an accident you need an experienced Riverside motorcycle accident lawyer to explain your rights.
Our Riverside motorcycle accident attorneys will consider the extent of the injuries you’ve sustained to determine the amount of equitable compensation you should receive. Our legal team will work with your doctors to examine how your injuries have impacted you and your life. In legal terms, damages refer to the compensation provided to an individual who has suffered harm or loss due to the unlawful act of another. Your financial and emotional damages may include the following:
Many other types of damages can also result from your motorcycle accident. The above is by no means an exhaustive list. The amount of compensation applied to each area will vary depending on the extent of your injuries.
Remember that you are never obligated to accept the initial settlement offered by the insurance company. Speaking with a Riverside motorcycle accident lawyer is vital to ensure that any settlement offer offered by insurance companies is fair and will cover the entire cost of your damages.
A motorcycle accident attorney can help in several ways, including:
Investigating the Accident
An experienced attorney can investigate a motorcycle collision to determine the cause and who was at fault. This may include hiring accident reconstruction experts and obtaining police reports, witness statements, surveillance footage, and other evidence to build a strong case.
A motorcycle accident attorney can help evaluate the value of your claim after reviewing the extent of your financial and personal losses related to the accident.
Insurance companies may try to settle quickly and for less than what a victim may deserve. An attorney can handle all negotiations to ensure that you receive fair compensation.
A motorcycle accident attorney will assist you with every step of the claims process, including advising you of your rights and options to help you make informed decisions.
Representation in Court
If a settlement cannot be reached, an attorney can represent you in court to seek compensation for your injuries and damages.
Many motorcycle accident victims Are hesitant to hire an attorney due to fear of the costs. However, most work on a contingency fee basis, which means you do not have to pay any money upfront and only owe legal fees if you win.
California is an at-fault state when it comes to motorcycle accident claims, which means the party responsible for causing a crash is liable. As a result, who can be held responsible will depend on your unique situation, but in most cases, it is:
If another driver fails in their duty to obey traffic laws and operate their vehicle safely, resulting in your motorcycle accident, they might be liable for your injuries and other losses.
If a driver crashes into you while on the job (e.g., commercial truck driver, rideshare driver, delivery driver, etc.), their employer may be partially or entirely liable for their employee’s actions.
A Vehicle or Part Manufacturer
A defective part or vehicle is sometimes to blame in some motorcycle accidents (e.g., faulty tires, brakes, airbags, etc.). If a defect is responsible, a manufacturer and/or any other party involved in the product’s distribution chain might be liable for the resulting injuries and property damage.
A Government Agency
If a preventable and dangerous road condition contributed to your crash, you might have a claim against the local or state government agency in charge of maintaining roads.
To prove another party’s negligence is responsible for causing a motorcycle accident requires evidence of the following four elements:
In a motorcycle accident case, negligence could be established by showing that the other driver failed to see the motorcyclist, that they violated traffic laws, or failed to yield the right of way. Therefore, it is important to gather evidence such as witness statements, police reports, photographs, and medical records to support your case.
Under California law, a person who is partly at fault for an accident can still recover compensation for their injuries and other losses. However, the amount of compensation they can receive will be reduced in proportion to their degree of fault. For example, if you were found to be 30% at fault for the accident, and your total damages were $100,000, then your compensation would be reduced by 30% to $70,000. It’s important to note that California follows a pure comparative fault system, which means that even if you were 99% at fault for the accident, you can still recover 1% of your damages.
In California, the statute of limitations for motorcycle accident claims is generally two years from the date of the accident. This means that a person injured in a motorcycle crash has two years to file a lawsuit and seek compensation. If they fail to do so within this time frame, they may lose their right to pursue legal action. There may be exceptions to this two-year statute of limitations, such as when the injured person is a minor or when the defendant in the case is a government entity. In such cases, the time limit for filing a claim may be shorter or longer than two years. Therefore, it is important to consult with an attorney to determine the applicable deadline.
In many cases, the parties involved in a motorcycle accident can reach a settlement agreement without trial. Settlement negotiations can take place before or during the litigation process and may involve the parties’ insurance companies or legal representatives. However, your case may go to trial if a settlement cannot be reached. This will require presenting evidence and arguments to a judge or jury to determine liability and damages. Ultimately, the decision to settle or go to trial will depend on the specific circumstances of your case, including the strength of the evidence, the willingness of the parties to negotiate, and the advice of your attorney.
After a motorcycle accident, you may be dealing with a severe physical injury along with financial uncertainty. As a result, it is normal to wonder how much compensation you will be able to recover. Since motorcycle accident cases are unique, each one will vary in value, most commonly based on the following factors:
An experienced motorcycle accident lawyer will be able to evaluate your particular case to give you an estimate of its worth and the minimum amount you should settle for.
Motorcyclists and passengers are required by law to wear a helmet while riding. Therefore, if you are injured in a motorcycle accident while not wearing one, it can make it more challenging to recover fair compensation. The reason is that you must prove that the at-fault party’s negligence was the cause of your injuries. By failing to wear a helmet, the other party may deny or fight your claim by arguing that your own negligence was what caused your injuries or their severity because they could have been prevented. However, you are still entitled to recover compensation if another party was at fault. Still, you may need the help of an attorney to ensure the wrongful party is held accountable.
Most Riverside motorcycle accident lawyers accept cases on a contingency fee basis, including Hanson & Mouri. What that means is that your attorney advances any costs associated with pursuing your claim, and you are only responsible for legal fees if you recover compensation. If your case ends in a settlement or award, your lawyer will, on average, take 33.3%. If you do not receive compensation, there is no risk to you, as you will not owe money for your attorney’s representation. Like all contracts, the terms can vary based on the motorcycle accident attorney you choose. For example, some may reduce their contingency fee if there is a quick settlement and raise it if the case must go to trial. Others may work on a sliding scale fee based on how much compensation you recover. Therefore, it is critical to understand the contingency fee agreement you are entering into before retaining a motorcycle accident lawyer’s services.
The injuries sustained from a motorcycle accident can severely limit you and your familyʼs ability to lead a normal life. Injuries may include:
Motorcycle riders involved in an accident may also experience lesser injuries such as whiplash, back and neck pain, severe bruising, lacerations, and scarring.
Injuries resulting from a Riverside motorcycle accident may require extensive rehabilitation and medical treatment. Serious injuries may leave you unable to work and pay your bills, leading to the foreclosure of your home, bankruptcy, and damage to your credit. You need the experience of a Riverside motorcycle accident lawyer to get you the monetary compensation you deserve.
Our Riverside motorcycle accident lawyer has 14 years of experience and will provide you with passionate, quality legal representation. Any bike accident, even a minor collision can lead to injuries that have long-lasting effects and cause irreparable pain and suffering. Whether you were the rider, or a family member, if you or a loved one has been involved in a motorcycle accident you may be entitled to monetary damages. Let an experienced accident attorney work for you.
Call or Contact our law firm online now to schedule a free consultation. There is no charge for your consultation and we will listen to your case. We will keep you informed of significant developments and provide legal services promptly and professionally. You and your loved ones deserve to have your rights protected by a professional. Hanson & Mouri can work to make your family whole again. We also serve motorcycle accident victims in San Bernardino.
Our law office serves multiple regions in California including Riverside, Corona, Norco, Temecula, Murrieta, Lake Elsinore, Hemet, Banning, Beaumont, Moreno Valley, & Calimesa.