Irvine Motorcycle Accident Lawyer

A motorcycle accident can be catastrophic. The motorcyclist lacks the protective caging of the metal body of a car to be protected from direct impact with the vehicle striking the motorcycle or the street when there is an accident.

An injury caused by a motorcycle accident often requires physical therapy and extensive medical treatment, but can cost the motorcyclist her or his life. The emotional, financial, and physical toll that this kind of accident can have on a person can be life-long for both the rider and their family.

If you have been injured in a motorcycle accident, it is important to speak with an experienced Irvine motorcycle accident lawyer that could help you hold the responsible party accountable. Reach out to a dedicated attorney today.

California Motorcycle Laws

Motorcycles have a smaller profile than other vehicles, which can make them more difficult to see and increase the chances of a collision. As a result, California requires that motorcyclists comply with the rules of the road to enhance their likelihood of safe riding.

Riders must be licensed to operate a motorcycle on California roads, which requires that they complete a motorcycle riding training course as well as a driver’s education course.
Lane splitting and lane sharing are permitted, but there are restrictions on when it is appropriate to do so. There is currently pending legislation that will specify when it is appropriate. Motorcyclists are required to have and use working front and rear turn signals; the exception to that rule is vintage bikes that were not equipped with that feature at the time that they were manufactured, at which point hand signals are acceptable and required.

Failing to comply with California road rules can impact your recovery amount.

How Do Courts Determine Negligence?

California courts use a pure contributory comparative negligence standard in all personal injury cases. Under the pure contributory negligence standard, the victim of a motorcycle accident is permitted to recover for any injuries sustained as a result of negligence caused by another person. The amount of compensation that the victim may be awarded, however, is reduced by the percentage of fault that is attributable to them.

Pure contributory negligence is only applicable in cases that are decided in court. As such, if the parties are able to reach an agreement outside of court, there is no legal doctrine that would render it voided because of the amount of fault that is attributable to the victim.

What Are Common Physical Injuries that Result from Motorcycle Accidents?

Injuries can come in many forms and degrees of seriousness. A rider may be fortunate and escape with little more than bruising and scrapes. However, even a trip to the pavement can break bones, separate joints, and inflict road rash.

The most serious examples of physical injuries affect a person’s brain, spinal cord, or other internal organs. Here, an accident can result in concussions, spinal cord impingements, or even amputations. A motorcycle accident claim could seek payments for the costs of all past, present, and future medical care. An Irvine motorcycle accident attorney could help to collect this compensation.

Other Sources of Compensation Following Collisions

Although the physical losses that result from motorcycle crashes are certainly significant, they may form only one portion of a fully developed claim. A case must evaluate the total impact of the incident on a rider’s life. It is a rare crash that only causes a rider to suffer physical harm.

One other major source of loss is emotional trauma. A motorcycle accident can inflict significant pain. Additionally, a rider may experience flashbacks, nightmares, or PTSD that do not appear on medical charts, but are nevertheless serious losses.

Finally, many riders endure significant economic losses. These can include the costs to fix a bike as well as reimbursement for any lost wages. If an injury is so severe so as to cause a permanent disability, liable defendants must also provide payments for future lost earning potential. An Irvine motorcycle accident attorney could work to evaluate how a crash has affected every portion of a rider’s life.

There is a Limited Time to Pursue a Claim

Even though a motorcycle accident can have a catastrophic effect on a person’s life, there is a limited time under the law to demand compensation. According to the California Code of Civil Procedure §335.1, all plaintiffs have only two years after the date of injury to file a lawsuit. If a case is not in court before this deadline, the court will refuse to hear the case.

This can also affect claims that seek compensation through settlement. Because insurance companies are also aware of this law, they will refuse to engage in settlement talks that extend beyond two years following the collision. An Irvine motorcycle accident attorney can ensure that a case does not fail because of an expiring statute of limitations.

How An Irvine Motorbike Wreck Attorney Could Help

In personal injury cases in California, the victim has two years from the date of the injury to file a lawsuit against the private entity that is responsible. If the accident was caused by a government entity, the victim has 180 days to file a lawsuit. If the victim fails to file a lawsuit in court within that allowable time frame, they are barred from doing so.

An attorney is necessary if you were injured in a motorcycle accident on Irvine streets or highways. An experienced personal injury lawyer is aware of the deadlines that must be met and the burden required to establish liability in these cases.

If you have been significantly injured in a motorcycle collision, contact an experienced Irvine motorcycle accident lawyer to have your case evaluated.