Motorcycle accidents can lead to significant injuries and legal challenges, particularly in a populous area like San Bernardino County. Riders face higher risks on the road due to the exposed nature of motorcycles, and accidents can result in life-threatening injuries, significant property damage, or worse.

Choosing a legal team that understands the specifics of motorcycle accidents is critical in these situations. These cases often involve specific factors like road conditions, driver negligence, and motorcycle mechanics; the insurance claims can be complicated or delayed. You do not have to face those struggles alone; The San Bernardino County motorcycle accident lawyers at Lerner Moore Silva Cunningham & Rubel help injured parties pursue appropriate compensation for their injuries and losses.

What Steps Should I Take After a Motorcycle Accident in San Bernardino County?

After a motorcycle accident, it is important to prioritize safety. Call 911 even if you feel okay, as some injuries may not be immediately apparent; you will also want an official record of what happened. When help arrives, accept medical care if needed and ask the responding officers about obtaining a copy of the police report. The latter can serve as valuable evidence during the legal process.

If you do not require ambulance transport to an ER, follow up with your medical provider as soon as possible. Establishing a link between the crash and possible injuries is critical at this point.

Documenting the scene is also important. Take photographs of the vehicles, road conditions, and any visible injuries. Gather contact information from witnesses, as their accounts can support your case. Avoid making statements to insurance companies before consulting with a lawyer. Insurance adjusters may seek to minimize claims; our San Bernardino County motorcycle accident lawyers can handle those communications.

How Is Liability Determined in Motorcycle Accident Cases?

Determining liability in motorcycle accident cases involves gathering and examining evidence. Examples of that include police reports, skid marks, traffic camera footage, witness statements, and accident reconstruction analyses. Drivers of other vehicles are often found at fault because they failed to yield, were distracted by their phones, or made unsafe lane changes.

Motorcyclists may also share some responsibility if they are speeding, improperly changing lanes, or violating traffic laws. In California, the pure comparative negligence rule applies. This means that each party’s level of fault is assessed, and compensation may be reduced based on the injured party’s percentage of responsibility. For instance, if a motorcyclist is found to be 20% at fault, their compensation will be reduced by that amount.

What Types of Compensation Are Available in Motorcycle Accident Cases?

Compensation in motorcycle accident cases typically includes ‘economic’ and ‘non-economic’ damages:

• Economic damages cover measurable financial losses such as medical bills, lost wages, and property damage. These expenses can often be calculated with receipts and records.
• Non-economic damages address less tangible losses such as pain and suffering, emotional distress, and diminished quality of life. Calculating these damages can be more subjective, but courts consider factors like the severity of injuries, the long-term impact on daily life, and the emotional toll of the accident.
• In rare cases, ‘punitive’ damages may also be awarded. These are intended to punish particularly reckless behavior and deter similar actions in the future. However, punitive damages are not commonly awarded and depend on the specifics of the case.

How Long Do I Have to File a Motorcycle Accident Lawsuit in California?

California law sets a specific timeframe, known as the statute of limitations, for filing motorcycle accident lawsuits. Injured parties generally have two years from the date of the accident to file a personal injury claim. If the claim involves property damage, the timeframe is three years.

Failing to file within the statute of limitations can result in the loss of the right to seek compensation. Exceptions to this rule are rare and typically apply to cases involving minors or individuals who are incapacitated. It is important to consult with our San Bernardino County motorcycle accident lawyers as soon as possible after your crash to meet all legal deadlines.

What Challenges Are Unique to Motorcycle Accident Cases?

Motorcycle accident cases often present challenges that differ from other types of personal injury cases. The perception of motorcyclists as risk-takers can sometimes influence how insurance companies and juries view these cases. Additionally, the severity of injuries in motorcycle accidents tends to be higher, requiring detailed medical evidence to demonstrate the extent of harm.

Road hazards that may not affect other vehicles can also play a role in motorcycle accidents – debris, potholes, and uneven pavement may contribute to an accident and complicate liability determinations. Our San Bernardino County legal team members are familiar with those elements and can provide valuable assistance in building a strong case.

How Do Helmet Laws Affect Motorcycle Accident Cases in California?

California has a universal helmet law that requires all motorcyclists and their passengers to wear U.S. Department of Transportation-compliant motorcycle helmets. Compliance with this law can impact the outcome of a motorcycle accident case. If a rider was not wearing a helmet at the time of an accident, it could affect the amount of compensation they may be eligible to receive, particularly if head injuries are involved.

Courts may consider whether wearing a helmet could have mitigated the severity of injuries. However, not wearing a helmet does not automatically bar an injured motorcyclist from recovering damages. The specific circumstances of the case will determine how helmet use factors into the legal process.

How Can a Lawyer Help with My Motorcycle Accident Case?

An experienced lawyer can provide critical support throughout the legal process. They can investigate the circumstances of the accident, gather evidence, and consult with other professionals, like expert witnesses, to build a comprehensive case. They can also handle negotiations with insurance companies to seek fair compensation.

If a settlement cannot be reached, a lawyer can represent the injured party in court. This involves presenting evidence, questioning witnesses, and advocating for a favorable outcome. Choosing a lawyer with a thorough understanding of San Bernardino County motorcycle accident cases can significantly improve the likelihood of achieving a positive result.

Lerner Moore Silva Cunningham & Rubel: Experienced San Bernardino County Motorcycle Accident Lawyers Who Help Clients Pursue Fair Compensation

If you or a loved one was injured in a motorcycle accident, the San Bernardino County motorcycle accident lawyers at Lerner Moore Silva Cunningham & Rubel offer free consultations. To learn more, call our Ontario or Victorville, California office at 909-889-1131 or submit our online form. We proudly serve clients in San Bernardino County, Ontario, Victorville, Hesperia, Apple Valley, Fontana, Rancho Cucamonga, Colton, and Riverside County.