Sacramento Motorcycle Accident Attorney
Ask Our Experienced Accident Lawyers for Help If You’ve Been Injured
Small and maneuverable, motorcycles are many Californians’ vehicle of choice. While their size may be helpful when it comes to moving through traffic, motorcycles are much more dangerous than passenger vehicles when it comes to accidents.
If you or someone you love has become one of those victims, our Sacramento motorcycle accident attorneys want to help you learn more about your legal rights. Del Rio & Caraway, P.C. is available 24/7 to help you with your case.
Contact us today at (916) 229-6755 to let our Sacramento motorcycle accident lawyers answer your questions.
California Motorcycle Accident Laws
In California, motorcycle laws are designed to ensure the safety of riders and other road users while acknowledging the unique characteristics of motorcycles. Understanding these laws is crucial for both motorcyclists and other drivers sharing the road.
Firstly, California law mandates that all motorcycle riders and passengers wear helmets while riding. This requirement applies regardless of age and extends to all types of motorcycles, including motor-driven cycles and mopeds. Helmets must meet the safety standards set by the Department of Transportation (DOT) and should be securely fastened under the chin.
Lane splitting, where motorcycles travel between lanes of traffic moving in the same direction, is legal in California under certain conditions. However, it must be done safely and prudently. This practice is aimed at reducing traffic congestion and improving overall traffic flow. Motorcyclists must exercise caution and avoid traveling at excessive speeds or in dangerous conditions while lane splitting.
Regarding equipment requirements, motorcycles in California must be equipped with specific safety features. These include functioning headlights, tail lights, and turn signals. Additionally, motorcycles are required to have mirrors that provide clear visibility for the rider. These equipment standards are intended to enhance visibility and ensure that motorcycles are easily seen by other drivers on the road.
In terms of licensing, California law requires all motorcycle riders to obtain a Class M1 or M2 license. To obtain these licenses, riders must pass a written knowledge test and a skills test. The M1 license allows riders to operate any motorcycle, while the M2 license is for motor-driven cycles, mopeds, and scooters with engines smaller than 150cc.
Lastly, California imposes strict penalties for violations of motorcycle laws. Violations such as riding without a helmet, improperly equipped motorcycles, or illegal lane splitting can result in fines, points on your driving record, and potentially even suspension of your motorcycle license. Adhering to these laws not only ensures compliance but also contributes to safer road conditions for everyone.
Causes of Motorcycle Accidents
Like any roadway collision, there are numerous factors that can play into a motorcycle accident. However, in a multi-vehicle collision involving a motorcycle, the other driver is more likely to be at fault.
It’s easier to miss a small bike than a full-sized car or truck. Additionally, drivers are more likely to underestimate the speed of an approaching motorcyclist. They may pull out in front of a biker who has no time to properly react.
Motorcycle accidents can happen due to:
- Distracted drivers
- Drunk drivers
- Mistakes made in intersections
- A driver turning into a motorcyclist’s right of way
- A car opening its door into a motorcyclist’s path
- A defective vehicle part
- Inadequate maintenance
- Poor road conditions
After a serious accident, you may not fully remember what happened and who was to blame. This is when having an experienced team of Sacramento motorcycle accident attorneys on your side is especially helpful. We know how to investigate accidents and can gather evidence explaining and clarifying liability.
Serious Injuries Mean Significant Medical Bills
Motorcyclists are not provided any form of protection in motor vehicle accidents, other than their own clothing and a helmet. As a result, most motorcyclists will end up with life-altering injuries that require extensive medical treatment.
Some of the most serious injuries suffered by motorcyclists include:
- Traumatic brain injury (TBI): Even with a helmet on, motorcyclists are much more likely to suffer a severe injury like a TBI compared to drivers of passenger cars in a crash of the same intensity. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are actually 35 times at greater risk for catastrophic injury in a crash than other motorists.
- Spinal cord injury: Being thrown off a motorcycle will drop the rider right onto the road harshly. Landing flat on their back can cause a spinal injury, possibly resulting in paralysis.
- Permanent disfigurement: Motorcyclists are at risk of permanent disfigurement in a bad accident. Most commonly, road rash can occur and causing significant scarring. If the scars located on a typically visible body part, then it is possible to seek compensation for the emotional trauma caused by the permanent change of appearance.
- Fatal injury: Thousands of motorcycle accidents result in a rider’s death each year in America. When a rider suffers a mortal injury, surviving family members can file a wrongful death claim in pursuit of compensation on behalf of the decedent.
To treat a catastrophic injury, extensive medical care will need to be provided to the motorcyclist hurt in the crash. Emergency transport to the hospital, which might include helicopter transportation depending on the severity of the injuries, are just the beginning of medical costs. Medical procedures in the hospital are likely to include intricate surgery. Afterwards, an extended stay in the hospital is likely, as is rehabilitative therapy for months or years to come.
It's crucial that you receive proper treatment for your injuries, even if you fear the mounting costs. Our motorcycle accident lawyers at Del Rio & Caraway, P.C. can help you get the money you need to cover these expenses and other losses.
Steps You Can Take to Help Your Claim
If you've been involved in a motorcycle crash, it's important to document everything you can about the crash. Photos of tire marks, damage to your bike and the other party’s car, and your visible injuries can be compelling evidence. If there are any witnesses, ask for and save their contact information.
Even if you don’t think you were too badly hurt, we advise you to see a doctor who knows how to evaluate accident victims. Because you are more likely to be injured than walk away free after a motorcycle accident, it’s important to take time for your health. Some of these injuries could cause high medical bills and lasting symptoms. We want to help you gather and preserve the evidence needed to make a strong claim for your damages.
FAQs About Motorcycle Accident Claims in Sacramento, CA
How long do I have to file a motorcycle accident claim in Sacramento?
In California, the statute of limitations for personal injury claims is two years from the date of the accident. If a government entity is involved (e.g., poor road maintenance), you must file an administrative claim within six months.
What compensation can I recover from a motorcycle accident claim?
You may be entitled to compensation for:
- Medical expenses
- Lost wages and future earning capacity
- Pain and suffering
- Property damage (motorcycle repair or replacement)
- Emotional distress
- Permanent disability or disfigurement
What if I wasn't wearing a helmet during the accident?
California law requires all motorcyclists to wear helmets. Not wearing one may affect your claim, especially if you suffered a head injury. However, you may still be entitled to compensation, though your award could be reduced due to comparative negligence.
How does insurance work in motorcycle accident cases in California?
California is a fault-based state. That means the at-fault party’s insurance is typically responsible for damages. You can file a claim with the other driver’s insurance, your own policy (if you have uninsured/underinsured motorist coverage), or pursue a lawsuit.
Can I file a claim if I was partially at fault?
Yes. Under California’s pure comparative negligence rule, you can still recover damages even if you were partly at fault. Your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault, you’d receive 80% of the total damages.
What if the other driver doesn’t have insurance?
If the at-fault driver is uninsured or underinsured, you may be able to seek compensation through your own UM/UIM (Uninsured/Underinsured Motorist) coverage, if you have it. A lawyer can help you navigate this process.
How long will it take to resolve my motorcycle accident case?
The timeline can vary. Minor cases may settle in a few months, while more serious injuries or contested claims can take a year or more, especially if the case goes to trial. Factors include the complexity of the case, medical recovery time, and insurance company cooperation.
Do I need a lawyer for a motorcycle accident claim?
While not legally required, having an experienced Sacramento motorcycle accident lawyer can significantly improve your chances of a successful claim. A lawyer can help gather evidence, deal with insurance companies, and fight for fair compensation.
Why Hire a Motorcycle Accident Lawyer?
When a negligent driver causes an accident, anyone who is injured has the legal right to file a claim with the at-fault driver's insurance company. Motorcyclists especially must not miss this opportunity, because they are likely to suffer devastating injuries that accrue high medical bills and force them to miss work as they recover.
Some insurance adjusters take advantage of this position, trying to push for a quick resolution with a low settlement. Before you sign anything, or even speak with them if possible, reach out to Del Rio & Caraway, P.C.
Our Sacramento motorcycle accident attorneys can:
- Help you understand the worth of your claim
- File any necessary paperwork and meet all deadlines
- Collect evidence to support you claim such as police reports, witness statements, and accident reconstruction
- Negotiate a higher insurance settlement than you might receive on your own
Call (916) 229-6755 to connect with Del Rio & Caraway, P.C. and our Sacramento motorcycle accident attorney.
Contact a Law Firm You Can Trust
If you are hurt in a motorcycle accident, the resulting medical costs and other damages, such as lost wages and vehicle replacement, should not be your financial burden. The party responsible for your crash should be the one to foot those bills.
Using our extensive experience with liability law, we will pursue every last penny of compensation you deserve. Learn more about your rights and options by scheduling a free consultation with our Sacramento motorcycle accident attorneys. We’re available any time at (916) 229-6755.
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We're committed to getting you the best possible outcome regardless of the size or scope of your case and charge no up-front legal fees for our services.