Fremont Motorcycle Accident Lawer

Maison Law Fremont represents injury victims in motorcycle accidents throughout the city and surrounding area. If you or someone you know is injured in a motorcycle accident, we’re here to help. Our team of experienced Fremont personal injury lawyers is ready to provide support and help you through the legal process. Contact us today for a free consultation.

Do You Need Our Lawyers?

Every motorcycle accident is different. As such, the circumstances and severity of your injuries are probably going to determine whether or not you need our team of lawyers to help you. Although it’s more likely that you’ll have extensive injuries in these accidents, there’s also the chance that your accident will be minor, and you won’t need to worry about taking legal action.

But the more extensive your injuries, which are more common in motorcycle accidents, the more help you’ll probably need. Even still, there’s no legal requirement that says you need a lawyer to represent you. However, the more hurt you are, the more difficult the claims process will be. That’s where our team can step in and support you and your recovery.

How Strong is My Injury Claim?

There’s certain ways that you can tell if you have a strong case after your motorcycle accident. First and foremost, this has to do with liability and the circumstances that led to the accident itself. In legal terms, this is known as “liability”, and is built around negligence. The crux of liability lies in proving negligence, demonstrating that another person’s actions caused the accident resulting in your injuries. In any motorcycle accident, negligence typically involves four elements:

  • The driver or someone else has a responsibility to ensure your safety and avoid causing harm.
  • They failed to uphold this duty, thus breaching it.
  • The breach of duty was what caused the motorcycle accident.
  • The accident led to injuries and other losses.

With these conditions met, you’ll then have a better idea of who is liable. In most motorcycle accidents, this could fall on:

  • Drivers
  • Passengers or pedestrians
  • Other motorcyclists or bicyclists
  • Government agencies
  • Parts or vehicle manufacturers
  • Construction companies
  • Employers, if the driver was in a company vehicle

Even with liability established, there’s still the matter of figuring out what your claim is worth. And to do that, you have to look at certain aspects of the accident itself:

  • Extent of your injuries – The extent of your injuries greatly influences your claim’s worth. Minor injuries usually lead to lower settlement offers, while more severe injuries lead to higher payouts. Keeping detailed records of your treatment is very important, as your injuries can worsen over time.
  • Disputes over liability – Even if you establish the other party’s fault, insurance companies might dispute it. They may try to shift blame or downplay their responsibility. Seeking legal advice from our team before dealing with insurance adjusters can help you avoid potential problems.
  • Comparative negligence – In California, your damages may be reduced based on your percentage of fault in the accident. Insurance companies might use this to minimize payouts. It’s crucial to gather evidence to support your case effectively.

What You Can Do

It’s not totally up to others when it comes to the viability of your claim. In fact, there’s certain things you’ll need to do right after the accident happens to protect and even bolster your claim. Here’s a few points to consider:

  • Seek medical attention – If you sustain injuries, dial 911 or head to the nearest hospital. Even if you feel okay, it’s wise to get further treatment since some injuries may not be immediately obvious.
  • Report the accident to police – Once you’re in a safe spot, contact the police and inform them about the accident. They’ll respond and clear the scene.
  • Exchange information – Swap details with the other party involved, including names, contact information, insurance details, and vehicle information. Also, get information from any witnesses that saw the accident.
  • Visual evidence – Take photographs of the accident site, the vehicles involved, and any injuries you’ve sustained. These pictures and videos are usually valuable evidence that shows what happened.
  • Tell your insurance – Notify your insurance company about the accident as soon as possible. Provide them with accurate details about what happened so they can start their process.
  • Preserve evidence – Keep everything you have related to the accident, such as medical bills, repair invoices or estimates, and your emails and letters to and from insurance companies. These records will be crucial for showing your losses. Also, don’t repair or change your motorcycle or other damaged property.
  • Be careful with any statements – Avoid discussing the accident with the at-fault party’s insurance company. If you do speak with them, just stick to the basics of what happened.
  • Follow your treatment plan – Follow the medical treatment plan recommended by your doctor and keep up with medical appointments as necessary for your recovery.

Keep in mind that the steps may vary depending on your accident’s specifics. The bottom line is that you have the right to file a claim, but it’s up to you to show the extent of your damages. From there, putting together a strong claim is necessary for recovering fully.

Damages in a Claim After a Motorcycle Accident

There’s two ways to look at damages in a motorcycle accident. First, there’s your injuries and other harm suffered directly. Then, there’s legal damages, which refer to your losses that resulted from the accident itself. While every motorcycle accident is different, they frequently result in the following injuries:

  • Cuts and bruises caused by contact with the road surface.
  • Broken bones, commonly in the arms, legs, wrists, and collarbones.
  • Traumatic brain injuries (TBIs), concussions, and skull fractures.
  • Spinal cord damage resulting in paralysis.
  • Damage to muscles, ligaments, and tendons, often causing strains or sprains.
  • Damage to organs such as the liver, spleen, or kidneys due to blunt force trauma.
  • Joints forced out of their normal positions, such as shoulder or hip dislocations.
  • Burns from contact with hot surfaces, engine components, or friction with the road.
  • Cuts, fractures, and dental injuries from impact with the ground or objects.
  • Post-traumatic stress disorder (PTSD), anxiety, and depression.

Obviously, you could experience some of these injuries or even multiple of them, all that vary in degree. The law tries to take this into account when allowing for the recoverable financial support in an injury claim. In a successful claim, you could potentially recover the following:

  • Medical treatment expenses
  • Costs related to physical therapy
  • Lost wages due to time off work
  • Support for pain and suffering
  • Damages for loss of enjoyment of life
  • Financial consideration for permanent injuries
  • Expenses related to a fatal accident, like funeral or burial costs

In certain situations, punitive damages may also be awarded if the responsible party’s actions were exceptionally reckless or negligent. What’s important to remember is that there is a statute of limitations in any injury claim in California. Currently, you have two years from the date of the accident to file.

Factors and Causes in Motorcycle Accidents

Regardless of your level of experience, a motorcycle accident can occur unexpectedly while riding on the streets of Fremont. In a split second, what began as a leisurely ride can result in lasting injury. Given their unpredictable nature, it’s crucial to look at the common causes of motorcycle accidents. These causes are usually things like:

  • Ignoring the right of way – Drivers often fail to yield to motorcyclists at intersections or while changing lanes, leading to collisions.
  • Distracted driving – Drivers distracted by phones, GPS, or passengers may not notice motorcyclists on the road.
  • Speeding – Exceeding speed limits or driving too fast for conditions can cause accidents, especially if unable to stop in time.
  • Intoxication – Driving under the influence of alcohol or drugs is a major cause of motorcycle accidents, resulting in severe injuries or fatalities.
  • Recklessness – Tailgating, weaving through traffic, or ignoring signals endanger motorcyclists.
  • Left turns – Collisions occur when vehicles turn left in front of motorcycles, misjudging their speed or presence.
  • Dooring accidents – Drivers or passengers opening car doors without looking can collide with motorcycles or force them into traffic.
  • Low visibility – Motorcycles are harder to see, particularly in busy traffic or bad weather conditions.
  • Defective parts – Malfunctioning motorcycle components like brakes or tires can lead to accidents.
  • Weather – Fremont’s weather variations, including rain and fog, reduce visibility, increasing the accident risk for motorcyclists.

Motorcycle accidents can happen without involving other drivers, known as “no-contact” incidents, which are almost as common as regular crashes. Even without another driver, these accidents often result from poorly maintained roads or negligence by pedestrians or other drivers. Regardless of the cause, dealing with the injuries and damages from a motorcycle accident can be challenging.

FAQs

Yes, as long as someone else’s negligence caused the accident, you can still file an injury claim. However, not wearing a helmet will be viewed by insurance companies as evidence that you weren’t serious about your safety and could result in lower settlement offers.

You can still file an injury claim, you’ll just have to go through your own insurance coverage. Many policies have uninsured motorist (UM) coverage for this specific situation.

Fremont Motorcycle Accident Victims Can Rely on Maison Law

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