San Bernardino Motorcycle Accident Lawyers Near You

Most motorcycle accidents have the potential to be serious. Still, because motorcyclists lack the protective exoskeleton enjoyed by occupants of passenger vehicles, motorcycle accidents are hazardous and are often deadly. This is especially true for head-on accidents; head-on collision injuries can include traumatic brain injuries, broken bones, back injuries, and death.

If you have been injured in a motorcycle accident, contact the top-rated San Bernardino motorcycle accident attorney at Gold Firm by calling (909) 308-1118 or use our online form; we will fight on your behalf to get the compensation you deserve, so you can focus on healing and recovery.

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Common California Motorcycle Accident Injuries

Because motorcyclists are not as protected, injuries faced by the riders or passengers may require extensive – and often expensive – treatments. Recovery requires a long time and even special mobility equipment. A reasonable California motorcycle accident attorney near you can help get you the compensation you deserve. This compensation will afford you the money and time necessary to recover from your injuries and pay for any damages.

Fractures and Dislocated Joints:

Fractured Clavicle – Clavicles or collarbones are especially susceptible to breaks and fractures.
Dislocated Joints – The motorcycle accident’s impact can force your limbs into awkward positions, leading to dislocated joints.
Bone Fractures – Forearms and wrists are especially likely to fracture in motorcycle accidents.
Leg Injuries – Leg injuries can range from pulled muscles and sprains to torn ligaments and shattered bones. These injuries may take a long time to heal, and more than not, you will be required to stay off your feet for a while.

Head Injuries

All head impacts must be immediately treated with care. Head concussions and traumatic brain injuries are two of the most common head injuries.

Spinal and Neck Injuries

Spinal and neck injuries are expected depending on the accident’s severity. Back injuries may include bulged or ruptured discs. Neck and spine injuries can be detrimental to you for the rest of your life. To minimize the damage of these injuries, you must seek medical attention immediately.

Damage To Your Muscular System

A collision may cause temporary or permanent muscle injuries. Muscle damage from a motorcycle accident could lead to paralysis.

Road Rash

road rash is virtually unavoidable when you are in a motorcycle accident. This injury resulted from the motorcyclist skidding across the road and will experience a painful “rash” wherever the skin comes in contact with the pavement.

Eardrum Damage

You may lose your hearing if you burst your eardrums in a motorcycle accident. When something penetrates the ear and punctures the eardrum, or sudden pressure is applied to the eardrum, it may burst, leading to hearing loss.

Jaw Injuries

Many motorcyclists survive accidents with chipped teeth and, more seriously, a fractured or broken jaw.

Nerve Damage

“Biker’s arm” is a condition of nerve damage in the arms that happens in a motorcycle accident, and you use your arms and hands to break your fall.

Intra-Abdominal Injuries

The accident’s impact could lead to intra-abdominal injuries, which are injuries to your internal organs. Hemorrhages do happen frequently.

Motorcyclists are vulnerable, especially on busy highways or roads with poor visibility. Since motorcyclists usually move at higher speeds than bicyclists and are closer to other vehicles, they are more likely to experience severe injuries in a motorcycle accident. Multiple factors affect the severity of the injuries in a collision that doesn’t even appear very serious. Thus, it is essential to seek medical help immediately after an accident.

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Factors Associated with Motorcycle Accidents

Accidents happen; we all know it. However, several factors contribute to motorcycle collisions and severe injuries in motorcycle accidents.

Adverse Weather Conditions

Rain, snow, and fog are typical adverse weather conditions that can contribute to motorcycle accidents. Fortunately, in California, the weather is benign year-round. But, during heavy rain, roads can be hard to maneuver or slippery from wet, oily pavements.

Adverse Road Conditions

A motorcycle, smaller than a sedan or passenger vehicle, tends to be less stable. Road conditions that may not be noticeable in a motor vehicle may cause a significant hazard to a motorcyclist. For instance, lane heights may differ. Also, unexpected potholes, loose gravel, storm debris, slick pavement, and excessive speed can distress a motorcyclist. The city or the state must maintain the safety of construction sites and fix road defects to ensure motorcyclists’ safety.

Driver’s Awareness

As with any motor vehicle accident, the driver’s lack of awareness is a primary factor in motorcycle accidents. Research revealed that driver’s inattention is a primary factor in eight out of every ten motorcycle accidents. While other factors may cause the crash, inattention permeates our driving. Needless to say, we have become addicted to multitasking. Yet, allowing this behavior to creep into our driving is hazardous to motorcyclists. Even under the best of conditions, motorcycles can be more challenging to notice than passenger vehicles. If you are a distracted or inattentive driver, chances are you will not see the motorcyclist and may be responsible for causing an accident.

Driver Impairment

Impairment or driving under the influence or intoxication is severe, especially in motorcycle accidents. Riding your motorcycle while under the influence of alcohol or drugs poses a higher threat to you and your passengers. Driving while impaired is the cause of close to 30 percent of motorcyclist accidents.

Driver's Inexperience

Failure to control the motorcycle is another factor contributing to motorcycle accidents. Researchers found that 92 percent of motorcyclists involved in an accident had no proper training. Some motorcyclists are either self-taught or trained by a friend or family member.

Speeding

Finally, excessive speed contributes to at least a third of all motorcycle accidents. While it may not be the primary factor, it contributes to accidents. Drivers of sport model motorcycles that may reach speeds of 190 mph have a fatality rate four times that of those who ride non-sport motorcycles. High speeds may cause motorcyclists to lose control of their bikes, coupled with the vehicle driver’s high-speed rate, which is a recipe for disaster.

Failure of Drivers to Watch for Motorcyclists

Automobile drivers often fail to watch out for the much-smaller motorcycles on the road—a habit that can result in severe or fatal accidents. Most motorcycle accidents occur in an intersection when the vehicle driver turns left without noticing the oncoming motorcyclist.

Lack of Protection in a Motorcycle

Motorcycle riders do not enjoy much protection in the event of a crash, accounting for severe injury rates and higher fatalities. In a regular sedan, SUV, van, or pickup truck, there are many safety features to protect the occupants. Drivers and passengers are surrounded by a frame and held by a safety belt. Moreover, in newer vehicle models, front and side airbags add safety and prevent major injuries. A motorcyclist has none of these safety measures, thus, is vulnerable when hit by a 3,500-pound vehicle traveling at a relatively high rate of speed. While riding a motorcycle is a pleasant experience on scenic California roads, it is vital to drive safely to save lives.

Types of Motorcycle Accident Compensation Available to You

After suffering from a motorcycle accident, your legal team may decide that you are entitled to actual economic damages, non-economic, pain and suffering damages, or both. Monetary damages are the amount you lost due to your motorcycle crash. Two kinds of financial and economic damages to consider when determining an accurate and fair settlement for your motorcycle accident. Talk to a trusted San Bernardino motorcycle accident lawyer to see what is right for your case.

Actual Economic Damages

Economic damages can have a precise dollar amount. These damages will likely make up most of your compensation due to a motorcycle accident. They are based on actual losses, past, present, and future expected losses. These damages include:

Medical expenses
- including medical bills
- medical transportation costs
Property damages
- Cost of repair or replacement of motorcycle
- The replacement or repair cost of damaged personal property and motorcycle gear.
Lost wages, including future ones.
The expense of hiring help to do errands or services you could not do after the collision

Pain and Suffering (Non-Economic) Damages

Non-economic damages are the ones that have no inherent dollar amount. Hence, monetary damages are more difficult to estimate since no related record sets an actual price for the damage. These intangible amounts you may be entitled to include:

Emotional trauma –emotional distress or anguish
Pain and suffering due to the motorcycle accident
Physical and stress experienced by your family – including future pain
Disfigurement, permanent scarring, or disability, and
Loss of quality of life.

However, calculating non-economic damages is challenging. Under California law, you are entitled to these compensations for motorcycle collision damages, however, the other motorist’s insurance may not want to pay these out. A reputable motorcycle accident attorney will hold the insurance firm liable for these damages to ensure you get total compensation for your injuries .In other words, your attorney will handle every aspect of your case while you focus on recovering from the accident.

How Does Your California Motorcycle Accident Lawyer Determine Your Compensation:

To determine what compensation is available following a motorcycle accident, your attorney will first obtain & review the San Bernardino CA accident report. Then, we will determine who was liable for the accident—who will pay for your medical expenses, lost wages, and the damages to your motorcycle. Your legal team will also interview witnesses to the accident. Your attorney understands the many unique characteristics of the motorcycle accident and the chance of existing bias of the police officer and jury. Furthermore, your motorcycle injury lawyer can investigate and reconstruct your accident, bringing to light all factors which could point to the negligence of the other driver(s) and municipalities. Thus, determining who was at fault for your accident and holding them accountable for your injuries.

Consider working with a San Bernardino no win no fee lawyer, so that you can focus on the case without the additional financial stress.

Which Insurance Company Covers a Motorcycle Accident?

After a motorcycle accident in San Bernardino, you will want to get your bike fixed as soon as possible, unless it is deemed a total loss. Either way it is probably in your best interest to go with your own insurance company under your comprehensive/collisions coverage. If the other party was at fault and they have insurance, then why would you go with your own insurance company? In California there is something called “subrogation,” which basically means your insurance company can recover their losses from the at fault’s party’s insurance company. There are many reasons why and injured motorcyclist would want to go with their own insurance company, but basically it’s faster and easier and you get more money. Furthermore, your insurance company has a duty of good faith, so they get going right away to take care of your property, regardless of who is at fault in the motorcycle collision. If you have questions, reach out to the Gold Firm – an experienced San Bernardino motorcycle accident attorney near you.

Can I have my motorcycle repaired at my favorite shop?

Yes, you can dictate where your motorcycle gets repaired; not the insurance company. The insurance company cannot require you to get your motorcycle repaired at a particular body shop, see California Insurance Code Section 758.5. The insurance company cannot even suggest that the motorcycle be repaired at a specific body shop unless the claimant asks, or the claimant has been informed in writing that he or she has the right to choose. Moreover, both the insurance and the body shop are required to provide a written estimate of the repair work and the cost. If you have questions, contact the top-rated motorcycle accident attorneys in San Bernardino: Gold Firm.

If my motorcycle is a total loss after the accident, what do I get paid for it?

The amount you are supposed to receive for your motorcycle is the fair market value of what it is worth as of the date of the accident. You do not get what you paid for it, or what you owe for it. The value can be determined a number of ways, but basically they look at what the same motorcycle sells for in your area, or a 50 mile radius. Many people get stuck on Kelly Blue book, believing their value must correspond to what it says, but that is not true. If there is a loan on the motorcycle, then the insurance will pay off the loan and pay you the remainder. However, if you owe more than the motorcycle is worth, then not only will you not be receiving anything, you will owe a balance. Depending on what type of insurance you have, you may be entitled to a rental motorcycle. Usually the insurance company will give you the option of keeping your motorcycle even if it is deemed a “total loss.” They will deduct the value of the motorcycle from what they originally were going to pay you, based on junkyard market values. You would then be required to file paperwork with the DMV for a salvaged title.

California Motorcycle Insurance Requirements

In most cases your car insurance does not transfer over to a motorcycle, so you will have to purchases it separately if you want insurance coverage. Just like car insurance, you are required to have at least liability insurance in case you get into a motorcycle accident. The minimum liability that you can get is $15,000/$30,000/$5,000. This means that your insurance will cover up to $15,000 in bodily injuries if you hurt one person, $30,000 in injuries if you hurt more than one and up to $5,000 in property damage. This amount is very low, especially considering motorcycle accidents tend to cause a lot more injury. If another vehicles gets in a collision with your motorcycle and causes massive injuries, the $15,000 will not cover much.

If you ride a motorcycle, it is a good idea to have uninsured/underinsured on your own policy in case of a hit and run accident or you are in an accident with an uninsured driver. If he has no insurance at all, then your uninsured kicks in and covers you for your injuries. If the other driver’s insurance is not enough then your underinsured insurance will pay for whatever the deficiency is. That is why it is always a good idea to carry at least $100,000 in uninsured, underinsured coverage. Our motorcycle accident lawyers will look deep into both insurance policies, but once we reach the policy limit then a decision has to be made as to whether we should pursue the other driver’s assets. Usually this is long process that does not end up benefiting anybody because most people do not have the assets to cover the injuries. That’s why every motorcyclist should have sufficient accident coverage so their lawyer can get him or her the most payout possible. It is no secret that there are many uninsured drivers out there, so paying a little extra money for the protection is highly recommended by our motorcycle accident attorneys.

Furthermore, when there is a motorcycle accident, the injuries can get really bad. California Medical Pay coverage is also optional, but it is also highly recommended by our motorcycle accident law firm. Short for “Med-Pay,” it’s like having health insurance insured your motorcycle insurance policy. Med Pay covers all of your reasonable and necessary medical bills as a result of the motorcycle accident. Even if you have health insurance, there is going to be a deductible or co-pay and that is where Med Pay is a huge help. Remember that Med Pay only applies to you and not the other person. Your Med Pay does have a reimbursement provision for the injuries you sustained in your motorcycle accident, but that amount can be negotiated down by our San Bernardino motorcycle accident law firm.

Comprehensive, Collision Motorcycle Insurance and Proposition 213

Collisions insurance covers your property damage in a motorcycle accident and comprehensive insurance covers theft. They basically cover the damage to your motorcycle if the accident is your fault. If your motorcycle is expensive, you definitely want to make sure you have good coverage because if the other party is at fault and their property damage limit is low, you are out of luck. Furthermore, if you are injured in a motorcycle accident that was not your fault and you don’t have insurance, you cannot sue to recover for pain and suffering. Under California’s Proposition 213, you would not be able to pursue your non-economic damages, the pain you went through. There is only one exception and that is being injured by a drunk driver. Under Proposition 213, you can still go after the other party for your property damage, wage loss and medical bills, but again, no pain and suffering.

How long does a motorcycle accident case take from the get-go?

It is hard to predict how long it will take your attorney to settle a motorcycle accident case. This timeline varies based on the specifics of your situation, the evidence at hand, the level of cooperation from the at-fault party’s insurance company and others contributing factors. It might take a few days or can stretch up to weeks. Insurance firms occasionally make an initial lowball offer to accident victims. Even though you could be in dire need of the money, settlement offers might include a clause preventing you from pursuing further compensation. Once you have an idea of your damages and their value, it can be in your best interest to start settlement negotiations rather than accepting an early offer. This could take several months and involve the conclusion of medical treatment and an evaluation of your damages. After establishing the worth of your claim, you might still need to negotiate a settlement with the at-fault party’s insurance provider. This can make your settlement last even longer.

Diagnosis and Treatment

Your case might advance faster than that of someone who had devastating injuries in a multi-vehicle accident if you were injured relatively lightly and the fault is apparent. Before settling your injury claim, it might be beneficial to have your injuries entirely assessed and treated so that you can appreciate the worth of adequate compensation. Alternatively, you or your motorcycle accident attorney can ask your doctor for a qualified estimate of your bills and determine whether you need future medical care.

Comprehensive Damages Assessment

You can resolve your case more quickly if you know how much money you lost due to the motorcycle accident. A motorcycle accident attorney who works on your case can provide accurate, acceptable documentation of your monetary, material, and intangible losses. Expert testimony in the fields of medicine, employment, and economics may be included. By doing this, they might have a base from which to seek funding for:

Future and previous medical expenses
Lost wages for time not worked.
Bodily discomfort and suffering
Mental angst Additional

Your lawyer may get you other types of compensation may be possible in a motorcycle accident case in addition to these.

Discussions with the insurance provider

After gathering the required proof, your attorney can write a demand letter to the at-fault party’s insurance provider. This letter might contain the following:

Money StatementA description of your wounds.
An accounting of your expenses.
How much are you asking for?
The due date for the insurer’s response.

Your attorney might start settlement talks on your behalf during this phase of your claim. The insurance provider may respond back and forth after reviewing your claim. There isn’t a specific period for this and it can vary. As a last resort, have your case tried if the at-fault party’s insurance company declines to give you a reasonable settlement offer. This may increase the amount of time it takes for you to obtain compensation.

Injured? Get Help from a San Bernardino Motorcycle Accident Lawyer

Depending on the specifics of your case, the length of time it takes to resolve a motorcycle accident claim will vary. Nevertheless, depending on how long it takes for your injuries to recover, there is a strong potential that you can achieve a settlement within a year or two.

Contact our San Bernardino motorcycle accident lawyers today to receive full compensation for your damages.