SACRAMENTO MOTORCYCLE ACCIDENT Attorney
Experienced Representation for Motorcycle Injury Claims
According to the National Highway Transportation Safety Authority, an astounding 80% of crashes involving a motorcycle result in injury or death, compared to the 20% injury rate for auto collisions. Victims of motorcycle collisions often suffer highly traumatic injuries, which leave a tidal wave of hospital bills, therapy bills, and other expenses in their wake. And, all too often, such crashes result in the wrongful death of the motorcycle rider, who leaves behind a grieving family.
Whatever the circumstances, at Dreyer Babich Buccola Wood Campora, LLP, we understand that you need financial help to move forward after such an event. You need a strong ally to stand up against large insurance companies, national corporations, government entities, manufacturers, and other opposing parties. Our Sacramento motorcycle accident lawyers are here to champion your case and help you pursue the best results in your particular situation. With years of devoted service, we have honed our ability to meticulously prepare each claim, analyzing every detail with precision to fortify your position.
We handle catastrophic motorcycle injury cases throughout California and across the U.S. Call us at (916) 999-9132 or send us a message to schedule a free consultation with one of our motorcycle accident lawyers in Sacramento.
Common Causes of Sacramento Motorcycle Accidents
When dealing with a motorcycle incident claim, it is helpful to have an attorney who understands the topic inside and out. Our attorneys have helped multiple motorcycle collision victims throughout the years. We know the factors that play a role in such incidents. One thing we have learned is that although motorcyclists can and do make errors, collisions often happen because drivers violate a biker's right-of-way. The intricate dynamics of road sharing mean that a momentary lapse in attention by other drivers can lead to grave outcomes for motorcyclists.
Bad driver conduct includes:
- Making a left turn in front of an oncoming motorcycle
- Pulling out from a driveway, alleyway, or side street into a motorcyclist’s path
- Changing lanes without double-checking blind spots
- Following or passing too closely
- Opening a car door without checking for approaching motorcyclists or bicyclists
- Just failing to see the motorcycle because of driver inattention or carelessness
As every motorcyclist knows, their bikes are more likely to slip under a driver's radar or have their speed underestimated. We understand how these kinds of collisions happen and use this knowledge to build and support a client's claim. Recognizing the frequent oversight of motorcycle visibility, we leverage this understanding to ensure comprehensive protection for our clients.
Sacramento Motorcyclists Face Several Challenges to Recover Compensation After a Crash
Motorcyclists face several obstacles when seeking compensation after an accident, primarily due to a combination of legal, procedural, and perceptual challenges. These complexities necessitate strategic navigation through the intricacies of compensation claims.
- Bias Against Motorcyclists: A pervasive societal bias exists that often portrays motorcyclists as reckless or negligent, regardless of the specific circumstances of an accident. Insurance companies and even juries may be influenced by this stereotype, making it harder for riders to prove they were not at fault. This bias influences claims proceedings and necessitates a careful presentation of motorcycle accident circumstances.
- Comparative Negligence Laws: Under California law, a motorcyclist's compensation can be reduced by the percentage of fault they are assigned in the accident. For example, if the motorcyclist is found to be 30% at fault for the collision, their total recovery amount will be reduced by 30%. This becomes an obstacle because insurance companies often attempt to shift a significant portion of blame onto the motorcyclist to reduce their payout. Even minor actions by the rider, such as slight speeding or lane splitting, may be used to argue comparative fault, significantly affecting the compensation they can recover. Such legal nuances underline the importance of strategic legal guidance.
- Severity of Injuries and Medical Costs: Motorcyclists are more prone to severe injuries due to the lack of physical protection. While this may seem to strengthen a compensation claim, it also invites disputes over the extent of damages, future medical care, and long-term rehabilitation costs. Insurers often scrutinize medical records, question the necessity of certain treatments, and may attempt to offer low settlements that do not fully cover future expenses.
- Insurance Company Tactics: Insurance companies representing at-fault drivers often employ tactics aimed at reducing payouts. This can include delaying claim processing, disputing the motorcyclist's injuries, or offering quick, low-ball settlements to financially pressured claimants. Moreover, motorcyclists might face the challenge of dealing with underinsured drivers, which adds another layer of complexity to recovering full compensation. By anticipating these tactics, our motorcycle crash attorneys develop proactive strategies to safeguard our clients' interests.
- Complex Liability Issues: Determining liability in motorcycle accidents can be intricate, especially when multiple vehicles are involved. Proving negligence requires collecting substantial evidence, such as police reports, eyewitness accounts, and expert testimony. The motorcyclist must often establish not just the fault of the other driver but also overcome any defenses related to road conditions or mechanical failures that could be used to shift blame.
- Lack of Comprehensive Insurance Coverage: Many motorcyclists either underinsure or do not carry adequate insurance, leaving them vulnerable when the at-fault driver's insurance is insufficient. This can limit recovery options, requiring the pursuit of personal assets from the negligent party, which is a lengthy and difficult process.
Seeking Compensation for Your Injuries
When a motorcycle and a car collide, it is obvious who is likely to lose.
Not only are vehicles much bigger, but they also provide more protection for drivers and passengers. Motorcyclists do not have that kind of protection and can be injured in a variety of ways, including from impact with the vehicle itself, when their bike lands on top of them, or when they are thrown from it. As a result, catastrophic injuries are common. Our team of Sacramento motorcycle accident attorneys is acutely aware of the physical and financial tolls involved, offering informed guidance on navigating these difficult situations.
If you are filing a claim after being permanently disabled, including from a brain injury or spinal cord injury, you need a lawyer who understands how to ensure you receive the proper medical care for as long as it is required. Our team works with medical professionals and other experts to ensure we understand the full extent of injuries to inform claims of compensation. This collaboration allows us to address all aspects of your condition thoroughly, building a claim that reflects your ongoing and future needs.
Motorcycle collision victims will deal with the challenges and damages they sustained for years after the collision. Most insurers will not offer to compensate for such losses on their own, so your attorney must know where to look and how to advocate for you. Our resourceful team is equipped with the knowledge and determination to uncover every potential avenue for support and reimbursement.
Our team can help you recover compensation for:
- Medical bills
- Future medical needs
- Rehabilitation/therapy
- Lost wages
- Lost earning capacity
- Disfigurement
- Accommodations and assistive devices
- Household or personal aid
- Pain and suffering
- Mental anguish
Often, the costs that arise right after a collision are a small percentage of the amount the victim will end up paying for their injuries. Therefore, even if a settlement offer seems generous, be sure you talk to an attorney before accepting a check or signing any documents. Our team at Dreyer Babich Buccola Wood Campora, LLP can help you understand what a fair settlement looks like and build a strategy to advocate for you. We take pride in providing comprehensive assessments that ensure you fully comprehend your options and potential settlement courses.
Millions Recovered for Injured Motorcyclists
Here are a few of the motorcycle accident cases we have handled:
- Kickstand catches on the ground — Our client was riding around a curve when the kickstand of his motorcycle snagged on the ground, causing him to lose control. He suffered an injury to his leg that required several surgeries to repair. Our law firm argued that a product defect and negligent maintenance led to the accident, and we obtained $2.8 million for our client.
- Crash on freeway — Our client was “lane splitting” on a freeway when an inattentive driver hit him, causing a partial loss of vision in one eye. We recovered over $1,000,000 in the settlement of that case.
- Bike strikes hoses that fell from truck — Mr. Hernandez was riding his motorcycle in Sacramento when he suddenly encountered several concrete hoses that fell from the back of a truck. The crash injured his back, shoulder, and thumb, requiring several surgeries and six months off work. We obtained a $625,000 settlement for him.
- Crash involving right-of-way violation — In this case, the defendant violated our client's right-of-way and collided with his motorcycle. Our firm conducted an extensive liability investigation and efficiently settled the claim for $300,000.
Local Laws & Road Safety Information
Sacramento's roadways present unique challenges for motorcyclists, influenced by local traffic conditions and regional laws. California is known for progressive motorcycle laws, including the legalization of lane splitting under specific conditions. This practice, when done safely, allows motorcyclists to move between vehicles to mitigate the risk of rear-end collisions.
Honing defensive riding skills and understanding local traffic patterns, such as rush hour congestion on I-5 or the busy intersections along Watt Avenue, can help motorcyclists navigate more safely. Awareness of these areas' hazards is essential, and regular updates to traffic laws mean staying informed is crucial for avoiding infractions and ensuring safety on the road.
Frequently Asked Questions
How Long Do I Have to File a Motorcycle Accident Claim in California?
Under California law, the statute of limitations for filing a motorcycle accident claim is generally two years from the date of the accident. This timeframe is critical, as failing to file within this period can result in losing the right to pursue compensation for injuries and damages. However, some exceptions might extend or shorten this timeline, such as cases involving government entities. It's advisable to consult with a legal professional promptly to preserve your legal rights and begin the process of securing compensation.
What Should I Do Immediately After a Motorcycle Accident?
After a motorcycle accident, prioritize your safety and health by seeking medical attention immediately, regardless of how minor your injuries may seem. This not only ensures your well-being but also documents your injuries, which is crucial for any future claims. Report the accident to local law enforcement and ensure an official report is filed. Gather information from all parties involved, including contact details and insurance information, and document the scene with photos if possible. Lastly, contact a motorcycle accident attorney as soon as possible, who can guide you through subsequent steps and help protect your rights.
Why Might an Insurance Company Delay My Claim?
Insurance companies may delay claims for several reasons, often as a strategic move to limit payouts. They might allege incomplete documentation, unclear liability, or question the extent of your injuries. Delays can also occur if there are disputes about who is at fault or if further investigation is deemed necessary. Staying proactive and maintaining thorough records can counteract these tactics. Engaging an experienced motorcycle accident lawyer can also expedite the process by effectively responding to postponements and negotiating assertively on your behalf.
Debunking Common Motorcycle Myths
Myth #1: Motorcyclists are always at fault for accidents
Contrary to popular belief, motorcyclists are not always at fault for accidents. In fact, according to a National Highway Traffic Safety Administration (NHTSA) study, the majority of motorcycle accidents involving other vehicles are caused by the other driver's failure to yield or recognize the motorcyclist. It is essential for both motorcyclists and other drivers to be aware of their surroundings and share the road responsibly to prevent accidents. This understanding aids in dispelling myths that misconstrue motorcyclists' accountability.
Myth #2: Wearing a helmet increases the risk of neck injuries
Some people believe wearing a helmet can increase the risk of neck injuries in the event of an accident. However, this myth has been debunked by numerous studies, including one conducted by the Insurance Institute for Highway Safety (IIHS), which found that helmets significantly reduce the risk of head and neck injuries. In California, wearing a helmet is also required by law under the California Vehicle Code Section 27803. The widespread adoption of helmet laws underscores their critical role in safety and injury prevention.
Myth #3: Lane splitting is always illegal and dangerous
Lane splitting, or riding between lanes of traffic, is a common practice among motorcyclists. While it can be dangerous if done irresponsibly, it is not always illegal in California. In 2016, the state became the first in the U.S. to formally legalize lane splitting, as long as it is done safely and at a reasonable speed. Motorcyclists should familiarize themselves with the California Highway Patrol's guidelines for safe lane splitting to reduce the risk of accidents. Familiarity with lane-splitting regulations can significantly influence safety practices and perceptions.
Myth #4: Most motorcycle accidents are caused by speeding
While speeding can contribute to accidents, it is not the leading cause of motorcycle accidents in California. According to the NHTSA, the most common cause of motorcycle accidents is the failure of other drivers to detect and recognize motorcyclists in traffic. This highlights the importance of both motorcyclists and drivers being vigilant and attentive on the road.
Myth #5: You don't need a lawyer if you're not at fault
Even if you believe you are not at fault for a motorcycle accident, it is still crucial to consult with an experienced Sacramento motorcycle accident attorney. Insurance companies may try to minimize your claim or deny it altogether, and a skilled lawyer can help protect your rights and ensure that you receive fair compensation for your injuries and damages.
Let Us Help You Understand Your Options
If you reach out to Dreyer Babich Buccola Wood Campora, LLP after an accident, you will speak directly to an attorney rather than an intermediary. This is because we take your case seriously, reflecting our strong dedication to each client's unique needs.
Our lawyers get to know each client individually because doing so allows us to craft personalized strategies that meet your goals. We also like to sit down with you to ensure you fully understand your rights and options. The law can be complex, but our Sacramento motorcycle accident attorneys know how to simplify legalese into language you can understand. This personalized approach fosters a collaborative relationship, empowering you throughout the process and ensuring you remain at the heart of every decision.
We are dedicated to fighting for the injured and have nearly 35 years of experience helping people like you secure compensation after an accident. We understand you have a lot happening in your life, which is why we take the lead on your claim. You can rest assured we will be your advocates while you tend to your personal needs. With a blend of seasoned insights and client-focused strategies, we are well-prepared to handle every aspect of your claim with care and precision.
Call us at (916) 999-9132 or send us a message to schedule a free consultation with one of our attorneys!
Real Stories from Real PEople
Hear From Past Clients-
“I would definitely recommend Dreyer Babich Buccola Wood Campora to anyone looking for a firm with integrity, honesty, and compassi ...”
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The Right Firm Makes A difference
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We Have Helped Thousands of Injured Clients Secure Successful Verdicts & Settlements
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We Have In-Depth Experience in All Types of Personal Injury and Wrongful Death Claims
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Our Team Has Received Numerous Awards and Accolades Including “Best of the Bar", "Consumer Attorney of the Year” and More
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No Case is Too Large or Too Small for Our Team to Handle
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Lawyers, Doctors, Hospitals, Judges and Past Clients Continually Refer Cases to Us
Our team is here to help you seek the maximum amount of compensation available for your injuries. Start with a free consultation.