What Steps Should be Taken After a Motorcycle Accident?
- Seek medical attention.
- Get the necessary information at the motorcycle accident site. However, do this only if your injuries are not severe. Sometimes, an investigating police officer at the scene will talk to the other driver and ask for their proof of insurance. Police may need to visit you in the hospital.
Essential details to obtain at the crash site:
- Photographs of the accident scene and injuries.
- Insurance information of the driver who is at collision.
- The contact information of witnesses who saw the motorcycle accident.
Common Causes Motorcycle Accidents
There are many reasons for motorcycle accidents, including:
- Driving or riding under the influence
- Inexperienced riders
- Lane splitting
- Weaving in and out of traffic
- Improper use or failing to wear protective gear such as a helmet or leather gear
- Poor weather conditions or poorly maintained roads
Most motorcycle accidents are as a result of a frontal impact and will cause life-changing or fatal injuries. Medical costs will be extremely high following a frontal impact motorcycle accident, and accident victims are entitled to compensation. Victims will have lost wages, expensive medical bills, ongoing care, and property damage to pay for.
All injuries aren’t physical, though, motorcycle accident victims are likely to suffer PTSD or anxiety. These mental health conditions are worse if another driver’s negligence caused the accident. Employ a motorcycle crash attorney to take care of chasing compensation so you can focus on your recovery. Brad Nakase is a San Diego motorcycle accident lawyer with 15 years of experience in personal injury lawsuits.
Lane splitting is where a motorcycle rider can drive on the lane dividers in stationary or slow traffic. California is one of the only states that allow this practice, and it is a cause of many motorcycle accidents. Many drivers forget about this practice and so aren’t keeping watch for a motorcycle approaching. If lane-splitting was a factor in your motorcycle accident claiming compensation may be more difficult. Seek the counsel of an experienced San Diego motorcycle crash attorney like those at Nakase Law Firm
How Is Fault Determined In A Motorcycle Accident?
All of the factors that lead to a motorcycle accident will be identified and weighted to determine the party at fault. A lot of the time, there can be multiple parties at fault and many contributing factors. In these cases, California law decides the percentage of fault and awards the corresponding percentage of compensation.
If some of the factors of the accident include mechanical issues or poor road quality, then it is important to employ a motorcycle crash attorney. In these cases, it is not always insurance companies you need to file a claim with, and it can become extremely complex. Brad Nakase is a San Diego motorcycle accident lawyer with 15 years of experience in personal injury lawsuits. Contact Nakase Law Firm to discuss your accident with a San Diego motorcycle accident lawyer today.
Causes of Motorcycle Accidents
Many people in California ride motorcycles as it is an exhilarating way to travel the state’s scenic highways. However, it can also a dangerous mode of transport as riders, and their passengers are more exposed to injury. Compared to car accidents, motorcycle accidents have a higher fatality rate.
Following motorcycle safety rules and wearing appropriate protective gear will help protect motorcyclists to a certain extent. But often, motorcycle accidents result in serious and life-changing injuries. Contact a motorcycle accident lawyer if you or a loved one has injuries from a motorcycle accident. A motorcycle attorney can assist you in calculating and winning the compensation you deserve.
Brad Nakase is a San Diego motorcycle crash attorney with 15 years’ experience. The public is often negative towards motorcyclists, but motorcyclists deserve fair compensation for their devastating injuries. Contact Nakase Law Firm to discuss your accident with a San Diego motorcycle accident lawyer today.
As well as assisting motorcyclists post-accident, we want to educate people to prevent motorcycle accidents in the future. A great way to prevent accidents is knowing the common causes of motorcycle accidents.
What Are The Common Causes Of Motorcycle Accidents?
First, it is important to acknowledge that even the safest of motorcyclists can be involved in accidents. A lot of motorcycle accidents are caused by reckless or negligent drivers. Some of the common causes of motorcycle accidents are:
- Head-on collisions between a motorcycle and another vehicle
- Vehicles making left-hand turns
- DUIs (Driving under the influence)
- Motorcycle lane-splitting
- Hazards on the road
No matter the cause of your motorcycle accident, a motorcycle crash attorney will maximize your compensation payment. Nakase Law Firm has an indepth knowledge of your rights and plenty of experience representing San Diego motorcycle accident victims. Book a free consultation with one of our motorcycle accident lawyers.
Head-on Collisions Between a Motorcycle and Another Vehicle
Most fatal motorcycle accidents occur between a motorcycle and another vehicle. In the majority of these fatal collisions, the motorcycle is hit head-on. The most common scenarios are vehicles running a red light or stop sign. Head-on collisions are usually fatal for the motorcycle rider, and the at-fault driver needs to be held accountable. If your loved one has been killed in a motorcycle accident, then call a motorcycle accident lawyer today.
Vehicles Making Left-Hand Turns
Left-hand turns can be hazardous if the turning vehicle is not aware of its surroundings. It is a common cause of accidents in California, especially for motorcycles which are less visible to turning vehicles. Typically, the vehicle strikes a motorcycle that is going straight through the intersection or passing the turning vehicle. In the majority of cases, the vehicle that strikes the motorcycle is legally at fault. Nakase Law Firm’s motorcycle accident lawyers have an excellent track record with motorcycle accidents involving vehicles making left-hand turns.
DUIs: Driving Under The Influence
Unfortunately, DUIs are a common cause of motorcycle accidents in California. Due to the slower reaction times of drunk drivers, motorcyclists are at greater risk because they are less visible than cars.
If you have injuries from a motorcycle accident involving a drunk driver, Nakase Law Firm will recover compensation and punitive damages. Punitive damages are fines that punish the drunk driver and act as a deterrent against future drunk driving. Compensation can include medical expenses, property damages, lost wages, pain and suffering, and more. Brad Nakase is a San Diego motorcycle crash attorney with 15 years’ experience. The public is often negative towards motorcyclists, but motorcyclists deserve fair compensation for their devastating injuries. Contact Nakase Law Firm to discuss your accident with a San Diego motorcycle accident lawyer today.
Is it legal for motorcycle to split lanes and drive in between cars?
Lane splitting is a term for when motorcyclists drive through rows of stationary traffic, often driving on the lane divider. It is illegal in many states but perfectly legal in California.
There have been numerous debates about the safety of lane splitting, but at moderate speeds it is safe. It reduces the risk of rear-end collisions in slow-moving traffic. However, it is a factor in a number of accidents. If your accident involved lane-splitting, seek the counsel of an experienced motorcycle crash attorney like those at Nakase Law Firm. You will need a motorcycle accident lawyer as insurance companies try to blame motorcyclists for lane-splitting accidents. A motorcycle crash attorney will advocate for your rights and keep negligent drivers accountable to the law. The reasons it causes accidents are:
- Motorcycles have reduced space to maneuver
- Motorcycles being in the blind spot of other vehicles
- Drivers not expecting motorcycles to pass them in stopped or slow traffic
- Vehicles being close to the motorcycle
With lane-splitting being legal in California, motorcyclists can claim compensation if it is a factor in their motorcycle accident. Brad Nakase is a San Diego motorcycle accident lawyer with 15 years of experience in personal injury lawsuits. Contact Nakase Law Firm to discuss your accident with a San Diego motorcycle crash attorney today.
Road hazards are a factor in many California motorcycle accidents. A road hazard could be potholes, wet leaves on the road, uneven roads, debris, small objects, or cracks. Drivers on the road should be aware and act cautiously around hazards. However, the city or state may be held responsible for the accident if the road was poorly maintained. Filing claims against government bodies are more complex, so be sure to seek the advice of a motorcycle crash attorney.
What Are Common Injuries in Motorcycle Accidents?
Unfortunately, motorcycle riders are more likely to sustain devastating injuries in an accident than other vehicles. Motorcycle accidents are 16 times more likely to result in injury and 35 times more likely to result in a fatality. If the motorcycle rider is less experienced, then the rates go up significantly. No matter the severity of your injuries you should seek the counsel of a motorcycle accident lawyer. You may be eligible for more compensation than you realize. Nakase Law Firm offers free consultations so you can discuss your accident with a San Diego motorcycle accident lawyer. Be sure to seek the advice of a motorcycle crash attorney before accepting an offer or signing a statement.
The body part likely to sustain an injury in a motorcycle accident is the legs and feet. Then in order of frequency, the arms and then head and neck. Broken bones and fractures are the most common injuries in a motorcycle accident. Less serious injuries such as sprains, abrasions, and lacerations are common too. Devastating injuries, such as paralysis or death, are quite common in motorcycle accidents.
Using safety equipment such as helmets and leather gear can reduce the severity of injuries. Even in states where it is not compulsory to wear a helmet, riders should always wear one for their own safety. Wearing a helmet is the quickest way to reduce the risk of brain injury or death.
If you have been involved in a severe motorcycle accident and need help claiming compensation contact us today. Brad Nakase is a San Diego motorcycle accident lawyer with 15 years of experience in personal injury lawsuits. Contact Nakase Law Firm to discuss your accident with a San Diego motorcycle crash attorney today.
How can motorcyclists reduce the risk of a motorcycle accident?
Unlike other vehicles, motorcycles offer little protection to a rider in an accident. To protect yourself, drive defensively and be constantly aware of your surroundings. Many drivers are watching for other cars on the road, and therefore miss motorcyclists. Keep a safe distance between the vehicle in front of you and prepare for them to cut you off. Wear proper protective gear such as:
- A helmet
- Eye protection
- Leather outerwear
This protective gear won’t stop accidents or injuries but will reduce the severity.
No matter the severity of your injuries, a motorcycle accident is a life-changing event. Seek the counsel of an experienced motorcycle crash attorney like those at Nakase Law Firm. They will fight to win the maximum amount of compensation so you can focus on your recovery. Motorcycle accident victims often need ongoing medical care, and we want to ensure you can afford the best treatment. Brad Nakase is a San Diego motorcycle accident lawyer with 15 years of experience in personal injury lawsuits. Contact Nakase Law Firm to discuss your accident with a San Diego motorcycle attorney today.
Common Injuries in Motorcycle Accidents
When a person is injured from a motorcycle accident injury, the injured person will probably be ambulated to UCSD Hospital Trauma Center. Following a crash, the injured person may file a lawsuit in Superior Court of California for the medical bills. Losses include lost wages and medical costs. However, there are some requirements to meet.
Motorcyclists don’t have a vehicle around them to take the brunt of the impact. In a crash, the motorcyclists will often make contact with the road at speed abrading their skin. This is called road rash and can be easily prevented by wearing leather outerwear while riding. First-degree road rash is where the skin is red, but the surface has not been broken. Second-degree road rash is where the skin has been broken, but there is no damage to the inner layers. Third-degree road rash is where the skin has been removed completely, exposing the muscles and fatty tissue beneath.
Broken bones are the most common injury in motorcycle crashes. The bike will often tip over and land on the rider’s legs, or the rider will put their hand out to break their fall. Therefore broken legs, wrists, arms, shoulders, and pelvises are quite common injuries.
The legs are the most commonly injured part of the body in motorcycle accidents. Broken legs, and broken or shattered feet and knees are some of the most common injuries. While there is not much that can prevent these injuries, wearing protective gear such as knee pads, motorcycle boots, and leather outerwear will help.
A motorcycle accident can cause severe and permanent muscle damage and even paralysis. Following a motorcycle accident, it is important to seek immediate medical attention to prevent permanent damage.
Many motorbike riders will use their arm to break their fall in a motorcycle accident. This can cause nerve damage to the arms and upper extremities which is called Biker’s Arm. Wearing protective gear like elbow pads and a leather jacket can help with this.
Unfortunately, a lot of motorcycle accidents in California result in head injuries. The law in California requires drivers and passengers to wear correct motorcycle helmets. Helmets can help prevent brain damage or a fatality.
Motorcycle accident victims often need ongoing medical care, and we want to ensure you can afford the best treatment. Brad Nakase is a San Diego motorcycle accident lawyer with 15 years of experience in personal injury lawsuits. Contact Nakase Law Firm to discuss your accident with a San Diego motorcycle crash attorney today.
Medical Treatment After Motorcycle Accident Crash
In case of a road crash, the most important thing is to get treatment for your injuries. Don’t try to tough it out, or you may find out later that you have suffered more severe injuries than you first thought. Moreover, delay in getting medical attention can hurt both your body and your case. Also, you must follow up with a doctor, as recommended during the emergency treatment.
If you do not have health insurance, you might still receive medical care without paying for it up-front. If you don’t have health insurance, attorney Brad Nakase as your motorcycle accident lawyer will refer you to a team of caring doctors. These referred doctors can treat you on a lien basis. Contact a personal injury attorney to discuss the possible options.
Money Compensation from Motorcycle Crash Injury
An injured motorcyclist may seek reimbursement for economic damages and non-economic damages. Economic damages are financial losses like lost wages and medical expenses. Non-economic damages include injuries, disfigurement, and physical and mental suffering.
Punitive damages are those that go beyond simple compensation and punish the responsible party. For punitive damages, an injured motorcycle rider must prove the liable person was grossly or willfully careless. If a bike rider has uninsured or underinsured motorist insurance (UM/UIM), the coverage pays money up to the insurance policy limit. As such, in case of a motorcycle crash, calling a San Diego motorcycle accident attorney is an essential first step to protecting your rights.
In California, all vehicles must have liability insurance. This insurance must include bodily injury and property damage coverage. The minimum insurance amount is $15,000 per injured person and $30,000 per accident.
Sensible motorcycle riders often carry much more insurance coverage than this legal minimum. As a motorcycle rider himself, attorney Brad Nakase purchased the maximum Uninsured/Under-Insurance coverage (UM/UIM). When you’re in a motorcycle accident and seriously injured, $15,000 is nowhere near your medical bills.
If you have UM/UIM coverage on your motorcycle insurance policy it will cover you up to your policy limit, e.g., $500,000.
To recover money for injuries, an injured person must show:
- A duty of care between the parties involved (all motorists owe others a duty of care to prevent harm to them).
- The defendant breached that duty of care and their careless actions led to the accident.
- You suffered significant injuries and damages
How Does Comparative Negligence Affect Motorcycle Accident Cases?
California is a pure comparative fault state. Basically, when you recover money for your losses, the amount you recover is reduced by your percentage of responsibility.
For example, if you were 30 percent at fault for an accident and suffered losses amounting to $100,000, the award would be $70,000 ($100,000 minus 30 percent fault).
- The comparative fault usually applies to cases where the motorcyclist wasn’t wearing a helmet. If you were involved in a motorcycle accident, it is important to let a motorcycle accident lawyer help you understand comparative fault.
Let’s say a motorcyclist did not wear a helmet and suffered a severe head or neck injury. Undeniably, insurance companies could argue the motorcycle rider was at fault. Now, let’s say the injury was a broken leg. The fact that the motorcycle rider did not have a helmet on is not a considering factor when deciding responsibility.
Do Not Speak With the Insurance Adjuster After Motorcycle Accident
Try not to give a recorded phone interview to the adverse insurance company following an accident. Even if you choose to give a phone interview, you must talk to a bike accident lawyer first. Many of the best motorcycle accident attorneys offer free consultations.
Hire an attorney before you speak with the insurance company. Referrals from family and friends can be a starting point, but it is essential that you feel comfortable with the motorcycle accident lawyer you are going to hire.
Why You Should Work With Motorcycle Crash Attorneys At Nakase Law Firm
An excellent first step is to contact and consult a reputable motorcycle accident lawyer who defended insurance companies. The experienced motorcycle accident lawyers at Nakase Law Firm will speak to insurance companies on your behalf to negotiate compensation. They can help you to investigate your accident, prepare evidence, and give strong arguments. Even if it means challenging the police findings, we will investigate the accident to see who was at fault. Our motorcycle accident lawyers will advocate for you and ensure you know all your legal options.
Most insurance companies try to get away with offering minimal compensation. They are a business, after all, and lower insurance payouts mean higher profits for them. Do not agree to any settlement without consulting a motorcycle crash attorney. It is important you receive adequate compensation to recover and get your life back on track. Alongside quantifiable compensation such as medical bills and lost wages, you will be eligible to claim for pain and suffering, and psychological damages. This is why it is important to seek advice from an experienced motorcycle accident lawyer.
Let the motorcycle crash attorneys at Nakase Law Firm take the stress of insurance claims off your plate. It is important to us that you focus on your recovery and allow us to take care of the rest. Brad Nakase is a lawyer with 15 years of experience representing motorcycle crash victims. Contact Nakase Law Firm to discuss your accident with a San Diego motorcycle attorney today.
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