Riding a motorcycle is an exhilarating experience, but it also comes with significant risks. As a motorcyclist, you’re exposed to the elements and have little protection in the event of a collision. Even a minor accident can result in severe injuries or, in the worst cases, fatalities. Unfortunately, many drivers fail to share the road safely with motorcyclists. They often overlook smaller vehicles or misjudge their speed and distance, leading to devastating crashes.
In Newport Beach, where traffic congestion and damaged roads are a constant challenge, the risks for motorcyclists are amplified.
At Libra Law Firm, we understand the unique challenges motorcyclists face throughout Newport Beach. Our dedicated Newport Beach motorcycle accident lawyers are committed to protecting your rights and ensuring you receive the compensation you deserve for your injuries and losses. Get a free consultation with our top-notch injury lawyer. Call Libra Law Firm at (888) 565-3214 today.
Common Causes of Motorcycle Accidents
Motorcycle accidents can occur for various reasons, but some of the most common causes include:
- Distracted driving: Car drivers who are texting, eating, or engaging in other distracting activities may fail to notice motorcyclists, increasing the risk of collisions.
- Impaired driving: When a driver is under the influence of alcohol or drugs, they have significantly impaired judgment, reaction time, and ability to operate a vehicle safely, putting motorcyclists at risk.
- Reckless driving: Aggressive driving behaviors, such as speeding, tailgating, or weaving through traffic, can lead to catastrophic accidents involving motorcycle riders.
- Lane-splitting: While legal in California, lane-splitting can be dangerous if not done with caution and awareness of surrounding vehicles.
- Road hazards: Potholes, debris, or slick surfaces can cause a motorcyclist to lose control and crash.
Regardless of the cause, motorcycle accidents often result in severe injuries, including traumatic brain injuries, spinal cord injuries, broken bones, and road rash. These injuries can have long-lasting physical, emotional, and financial consequences for the victim and their family.
If a negligent driver caused your motorcycle accident injuries, or even if you believe you were partly at fault, contact us at Libra Law Firm. Our personal injury lawyer in Newport Beach is ready to assess your claim. Even if you were partially responsible, you may still be able to pursue compensation for your injuries with the help of our experienced attorney.
What to Do After a Motorcycle Accident in Newport Beach
Getting into a motorcycle accident can be a frightening and overwhelming experience. You may suffer significant injuries that require immediate medical attention, making it difficult to focus on the steps you should take to protect your rights. If possible, here’s what you should do after a motorcycle crash in Newport Beach:
- Get to a safe place: Move yourself out of the way of traffic. However, leave your motorcycle where it is and avoid disturbing the accident scene.
- Check for injuries: Remain calm and check yourself and any passengers for injuries. Do not move anyone who appears to be seriously injured, as this could worsen their condition.
- Call 911: Always report a motorcycle crash to the police or highway patrol. Request medical assistance for your injuries, even if they seem minor. Many motorcycle accident injuries don’t manifest fully right away.
- Exchange information: Exchange names, contact information, and insurance details with the other driver(s) involved in the accident. However, do not admit fault or apologize, as this could be used against you later.
- Document the scene: Take photographs and videos of the accident scene, your damaged motorcycle, and any other relevant details. This evidence can be crucial in supporting your claim.
- Report to your insurer: Contact your insurance company as soon as possible to report the accident. However, do not provide a recorded statement to the other driver’s insurance company without consulting a lawyer first.
- Contact a motorcycle accident lawyer: Before proceeding with an insurance claim or legal action, contact an experienced California motorcycle accident lawyer from Libra Law Firm. Our attorney can advise you on the best course of action and protect your rights throughout the process.
By following these steps, you can ensure that you receive proper medical attention, document the accident scene, and protect your legal rights. Remember, Libra Law Firm is here to support you every step of the way, providing compassionate legal representation and fighting tirelessly to secure the justice and compensation you deserve.
Who Can Be Held Liable in a Motorcycle Accident in Newport Beach?
There are various parties that can be held accountable for motorcycle accidents, including drivers, manufacturers, and governmental bodies. Determining liability is crucial when seeking compensation, navigating legal proceedings, and securing compensation for injuries and damages.
- Motorists: Drivers of cars, trucks, or buses can be liable for motorcycle accidents if they are negligent or violate traffic laws. Common negligent driving behaviors include failing to yield the right of way, driving while distracted, operating under the influence, or making dangerous maneuvers that cause a collision with a motorcycle.
- Motorcyclists: While motorcyclists are often the victims in accidents, they can also be held responsible if their actions contribute to the crash. Speeding, weaving recklessly between lanes, disregarding traffic signals, or riding while impaired are actions that can contribute to an accident. If you were partly responsible for your bike crash, you may still pursue a claim but the potential award will be reduced.
- Manufacturers: If a defective part on the motorcycle, such as a faulty brake or tire, causes a crash, the company that manufactured or sold the defective part can be held liable for the resulting harm.
- Government entities: Agencies responsible for road maintenance and safety can be liable if their negligence leads to unsafe road conditions, contributing to motorcycle accidents. Issues such as poorly maintained roads, inadequate signage, or hazardous road designs can be attributed to the government’s inaction.
- Pedestrians: Although less common, pedestrians can be held responsible for motorcycle accidents if their actions directly cause or significantly contribute to the crash. This includes jaywalking, stepping into traffic unexpectedly, or creating a dangerous situation for motorcyclists.
Given the various parties that can be held liable, it is crucial to protect yourself against unfounded claims. Newport Beach motorcycle accident lawyers can help assess the validity of claims and guide you through the subsequent legal steps to protect your rights and help you receive full compensation.
Establishing Negligence in a Motorcycle Accident Case
California is a fault-based state when it comes to auto accidents. This means that after a motorcycle accident, the party who caused the collision will be financially responsible (liable) to pay for losses. The victim or their attorney must prove that someone else was negligent, and that this negligence caused the motorcycle accident.
Negligence in personal injury law is defined as the failure to exercise a reasonable degree of care based on the circumstances. Negligence has four essential elements:
- Duty of care: All motorists in California have a duty to exercise ordinary care while operating a vehicle, such as paying attention to the road and obeying traffic laws.
- Breach of duty: Any violation of this duty of care, such as speeding, running a red light, or driving while distracted, can be considered a breach of duty.
- Causation: The breach of duty must have directly caused or contributed to the motorcycle accident.
- Loss and damages: The victim must have suffered quantifiable losses, such as medical expenses, lost wages, property damage, or pain and suffering, as a result of the accident.
To prove negligence in a motorcycle accident case, your Newport Beach motorcycle accident lawyer will gather evidence to establish the above-mentioned elements. Evidence that can be used to prove negligence may include:
- Police reports
- Eyewitness testimony
- Surveillance or dashcam footage
- Expert testimony from accident reconstruction specialists
- Photos or videos of the accident scene
- Documentation of the at-fault party’s actions (such as cell phone records or toxicology reports).
By establishing negligence, your Newport Beach motorcycle accident lawyer can build a strong case against the at-fault party and their insurance company. This increases your chances of receiving fair compensation for your losses.
Why You Need an Newport Beach Motorcycle Accident Lawyer
If you’ve been injured in a motorcycle accident, it’s crucial to have a reliable Newport Beach motorcycle accident lawyer on your side. Here’s why:
- Navigating the legal system: The claims system can be complex and overwhelming, especially when dealing with insurance companies and their team of lawyers. An experienced motorcycle accident lawyer will guide you through the process, ensuring you meet all requirements, avoid making costly mistakes, and fully assert your rights.
- Investigating the accident: A thorough investigation is essential to determine the cause of the accident and establish liability. When you hire Libra Law Firm, our lawyer will gather evidence, interview witnesses, and work with accident reconstruction experts to build a strong case on your behalf.
- Calculating damages: Your losses impact many areas of your life, not just the physical and financial. Libra Law Firm can determine the full extent of your harm, including medical expenses, lost wages, pain and suffering, and future costs. Our Newport Beach motorcycle accident lawyer can ensure that all your losses are accounted for and that you receive maximum compensation.
- Negotiating with insurance companies: Insurance companies are primarily concerned with protecting their bottom line, and they may attempt to minimize your claim or deny it altogether. Your lawyer will negotiate aggressively with the insurance companies to ensure you receive the compensation you deserve.
- Representing you in court: If a settlement cannot be reached, your lawyer will be prepared to take your case to trial and present a compelling argument on your behalf before a judge and jury.
At Libra Law Firm, our Newport Beach motorcycle accident lawyers have extensive experience handling these types of cases. We have obtained millions of dollars in settlements and verdicts on behalf of injured Southern Californians. We’re eager to hear your story and provide our high-quality legal service.
Motorcycle Accident Claims and Compensation in Newport Beach: How Much is My Motorcycle Accident Worth?
In a successful motorcycle accident case, you may be entitled to recover various damages, including:
- Medical expenses (past and future)
- Lost wages and future earning potential
- Property damage (like motorcycle repair or replacement)
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life.
An experienced Newport Beach motorcycle accident attorney can help you understand the full extent of your damages and fight for the maximum compensation you deserve.
Many people ask, “How much is the average motorcycle accident settlement?” There is no real ‘average’ amount in terms of motorcycle injury settlements or verdicts because case factors vary widely. One research survey by Thomson Reuters found that in the US, the median motorcycle injury verdict was $73,700. However, this was the median estimate, and many cases can result in much higher or lower outcomes.
Determining the value of a specific motorcycle accident case involves various factors. Here are some key factors that influence the value of a motorcycle accident claim:
- Severity of injuries: The more severe the injuries, the higher the potential compensation. Serious injuries often result in higher medical expenses, ongoing treatment costs, and a longer recovery time, all of which contribute to the case’s value.
- Recovery time: The duration of the recovery period can significantly impact the compensation amount. If the recovery process is lengthy, the victim may be entitled to compensation for lost wages during that time, as well as potential future income losses if the injuries affect their ability to work.
- Pain and suffering: This accounts for the physical pain and emotional distress experienced by the victim. Though it’s hard to quantify the amount of “pain and suffering,” an experienced attorney can establish a fair estimate of its dollar value.
- Property damage: The costs associated with repairing or replacing the damaged motorcycle, as well as any other property damage, contribute to the overall value of the case.
- At-fault party’s insurance limits: The insurance coverage limits of the at-fault party can influence the maximum amount of compensation available. If your injuries and losses are substantial, it’s important for you to get a lawyer’s help in finding all viable avenues for you to get fully compensated.
Every motorcycle accident case is unique, and the value can vary significantly depending on the specific circumstances. An experienced Newport Beach motorcycle accident attorney can thoroughly evaluate your case, provide an accurate estimate of its worth, and fight for your fair compensation.
Frequently Asked Questions (FAQs)
What should I do after a motorcycle accident?
After a motorcycle accident, your priority should be seeking medical attention, even if you don’t feel injured. Then, if possible, gather evidence at the scene, such as photos, witness contact information, and the other driver’s information. Avoid discussing fault or making any statements that could be used against you later. Contact an trusted Newport Beach motorcycle accident lawyer as soon as possible to protect your rights and ensure proper documentation of the incident.
How long do I have to file a motorcycle accident claim in California?
In California, you generally have two years from the date of the accident to file a personal injury claim. However, there are exceptions to this statute of limitations. It’s crucial to consult with an Newport Beach motorcycle accident lawyer as soon as possible to ensure you don’t miss any deadlines.
Do I need a lawyer if the other driver was cited or arrested?
Even if the other driver was cited or arrested for a traffic violation, it’s still essential to have an experienced motorcycle accident lawyer on your side. The legal process can be complex, and insurance companies may still try to minimize or deny your claim. A lawyer will protect your rights and ensure you receive fair compensation for your injuries and losses.
What if I was partially at fault for the motorcycle accident?
You may still have a claim even if you were partly at fault. In California, the doctrine of “pure comparative negligence” applies, which means that your compensation can be reduced based on your percentage of fault in the accident. An Newport Beach motorcycle accident lawyer can help you navigate this complex legal issue and ensure you receive the compensation you deserve.
How much does it cost to hire a motorcycle accident lawyer?
Most reputable Newport Beach motorcycle accident lawyers work on a contingency fee basis, which means they only get paid if they successfully recover compensation for you. The fee is typically a percentage of the settlement or award, so you don’t have to pay any upfront costs. During your initial consultation with Libra Law Firm, our lawyer will explain our fee structure and ensure you understand the terms before proceeding with your case.
Contact Libra Law Firm for a Free Consultation
If you or a loved one has been injured in a motorcycle accident in Newport Beach, don’t hesitate to contact Libra Law Firm for a free, confidential consultation. Our experienced and skilled Newport Beach motorcycle accident lawyers are ready to listen to your story, evaluate your case, and represent you even in a challenging case. Call us today at (888) 565-3214 to schedule your free consultation.
