Sacramento Motorcycle Accident Attorney
Driving a motorcycle is truly a unique situation compared to other driving experiences. You get a freedom and a rush that most other drivers will not encounter. You get the luxury of a fast and fuel-efficient vehicle that can maneuver in and out of congested traffic. Along with all the perks exists dangers that every motorcyclist must face.
Two factors that lead to the dangerous nature of motorcycles are the absence of a protected covering and the lack of visibility among other drivers. An absence of a protected covering puts the motorcyclist at a high risk for serious injury when in an accident. Visibility can be difficult for other drivers because they often do not expect to see and can overlook a motorcyclist that is approaching them.The Major Causes of Motorcycle Accidents
Despite popular consensus, motorcycle accidents are most often the fault of a careless automobile driver. Poorly planned road construction and faulty road design are also big contributors to the nation’s motorcycle accident ratio.
The latest report by the NHTSA showed that in 2004, 76,000 people were injured and 4,000 people were killed by motorcycle accidents in the United States. Of the fatal accidents, 50% were caused by a collision with another vehicle. 36% of fatal accidents involved speeding, 34% involved alcohol, and 24% involved people driving with an invalid license.
Incredibly, 80% of motorcycle accidents end in death compared to 20% of car accidents. In 2003, per vehicle mile traveled, motorcyclists were 23 times more likely than car drivers to die in a vehicle accident.California Motorcycle Laws
California has its own set of motorcycle laws. These laws pertain to riders both on and off the road. Currently there are no laws governing ear plugs or eye protection in the state of California. There are, however, laws dictating the use of headlights during day hours in vehicles manufactured during or after 1978. California Vehicle Code Section 25650.5
There are also laws dictating handlebar height in this state. Handlebars cannot be positioned so that the hands of the driver are more than six inches above their shoulders. Lane splitting, illegal in many parts of the country, is permitted by the California Highway Patrol.Don't Let Your Statute of Limitations Run Out
In California, the law imposes a statute of limitations, which sets a maximum amount of time that legal proceedings can occur after the date the incident. Each year at our Law Office, people call me to ask me for help that have legitimate cases, only to find their statute of limitations has run out. It is one of the most difficult things for me to tell them I can’t help because they waited too long.
Cases involving motorcycle accidents can encompass a plethora of issues. In the case of Timothy L. Sloop v. Oakland Paper & Supply, Inc.; HTB Investments LLC; and Michael E. Williams, the plaintiff was awarded $1,429,000.00 in a rear-end accident. . In 2009, Timothy Sloop was struck by a paper delivery truck resulting in a brain injury.
Michael Williams was driving a truck leased by Oakland Paper & Supply Inc. and owned by HTB Investments LLC., when he rear-ended Sloop, throwing him 15 feet from the motorcycle. He rolled another 85 feet before coming to a complete stop.
Sloop received compensatory damages for the injuries, pain and suffering as well as long term effects he will suffer.
All motorcycle accident victims deserve compensation for their accident. The objective behind compensatory damages is to restore the victim of the accident to the original state they were in prior to the accident.
Moseley Collins is experienced in motorcycle accident claims and can maneuver the red tape that can mean a lot to the value of the case. He is well versed in the statute of limitations for motorcycle accidents in California and will make sure your time doesn’t run out.
The first 24 hours after a motorcycle accident are vital to the case. Contacting a lawyer as soon as possible is an important key to a successful claim. Contacting witnesses, gathering photos and evidence is a critical part of the case proceedings and can only be successfully completed in the first days after the accident.
Very specific documentation forms and reports must be filed accurately. Most legal proceedings are not obvious to the layperson. The knowledge of an experienced attorney is the key to obtaiing a fair settlement.
If you or a loved one has been injured in a motorcycle accident in Sacramento County, you will need a lawyer with experience. Call Moseley Collins at (916) 444-4444 for a free consultation.
Moseley Collins is a personal injury attorney serving those badly hurt throughout Northern California. There is absolutely NO FEE to discuss your case and there is absolutely no fee unless we win and get you the money you are entitled to. We are on your side and know what to do to get you compensation and justice.
980 9th St, 16th Floor
Sacramento, CA 95814
Phone: (916) 444-4444
Yes. If you are not seriously injured, call the police immediately after any accident. The other driver may suggest that there is no need to involve police as long as you exchange insurance information. This is not true. Not only may police maintain safety at the scene of the accident, they also will interview you and the other driver, as well as any witnesses that may have seen the crash. They will create a police accident report that may be helpful to you later when you seek compensation for your damages. Always call police and obtain a copy of the police report.
Yes. If you are not seriously injured and it is safe to do so, always take pictures of your motorcycle and any other vehicles involved in the accident. Try to take pictures of your motorcycle before you move it. Take pictures from all angles and show the details of all the damage.
Also take pictures of the scene, showing anything that may be relevant to what caused the accident. This may include:
- Weather conditions;
- Traffic signs and signals;
- Traffic flow;
- The position of other cars involved in the accident; and
- Road conditions.
It also is important to take pictures of any injuries you may have suffered. This is critical if the other driver or the insurance company claims later that you did not sustain injuries as a result of the accident.
Yes. Even if you feel fine and consider your accident to be minor, you should always seek a medical diagnosis after a motorcycle accident. Brain trauma is a serious injury that many motorcycle accident victims suffer without even knowing it. You should always wear a DOT-approved helmet when you ride. But even with a helmet, you can easily experience brain trauma or other internal injuries, even after a low-impact collision.
After suffering damages in a motorcycle accident, you will want to settle your case so you can pay your medical bills and repair your motorcycle. If the insurance company makes an offer to settle the case, consider the offer but do not accept it until you speak with an experienced motorcycle accident lawyer. The insurance company’s goal is to protect the insurance company’s financial interests, not yours. The insurance company’s offer likely will be less than a fair award for your injuries. Let a motorcycle accident lawyer negotiate a fair price with the insurance company before accepting any settlement offer.
Motorcycle accidents do not have a specific dollar award. Every motorcycle accident is different, and so is every motorcycle accident settlement. This is because a fair settlement depends on the value of your motorcycle, the cost of your out-of-pocket expenses, and the nature and extent of your injuries, including the pain and suffering and emotional trauma you experience. An experienced motorcycle accident attorney will have to study your case and evaluate your medical records to determine what a fair settlement in your case might be.
Yes. The sooner you contact a lawyer after your accident, the better chances you have of winning your case. Proving fault in a motorcycle crash requires specific evidence that can be difficult to obtain. The insurance company may deny that the other driver was at fault and may even assert that you caused the accident. You need a motorcycle accident lawyer who has experience dealing with insurance companies and obtaining maximum compensation for their clients. At Moseley Collins Law, we will fight for your right to receive the full compensation you deserve.