If you were involved in an accident that wasn’t your fault while riding your motorcycle, call the Fremont personal injury lawyers of OnderLaw to learn about the available options for holding the negligent driver liable. You might be entitled to compensation to cover your medical bills, lost wages, and other losses.

Motorcycle accidents can be violent and deadly. They lead to fear and confusion. Most people don’t know what to do in the immediate aftermath. When you’re injured and in pain, it’s hard to make good decisions. You might not fully grasp what just happened. The shock you feel could prevent you from taking the appropriate steps to seek the compensation you’re owed.

At OnderLaw , our Fremont motorcycle accident lawyers can take over the legal aspects of your personal injury case, so you only have to focus on attending your doctor’s appointments. Your recovery is the only responsibility you should have after a motorcycle crash. We can determine the available insurance coverage, file a claim, and negotiate the full and fair settlement you deserve.

You can depend on OnderLaw to work hard to meet your needs and try to achieve your desired outcome. Call us now for a free consultation and learn how we can help you hold the at-fault party accountable for their actions.

Why Do I Need a Lawyer? Why Choose OnderLaw ?

You may think you don’t need a lawyer to help you with your case. However, choosing not to seek legal representation could prevent you from recovering the compensation you need to afford your medical care.

The insurance company won’t be on your side and will look for valid reasons to deny your claim or unfairly provide a low settlement offer. Without an experienced lawyer on your side, you might end up accepting any amount of money you can get without realizing that you have the right to more.

At OnderLaw , we know how insurance companies operate. We will handle the negotiation and aggressively seek the maximum available compensation on your behalf. You should not be forced to pay for your incurred costs out of pocket if your actions didn’t contribute to the accident.

Motorcycle Laws in Fremont

You must follow specific laws whenever you take your motorcycle out for a ride. California Vehicle Code 27803 requires all motorcyclists and passengers to wear a safety helmet approved by the U.S. Department of Transportation. The helmet should also include a conspicuous label indicating the manufacturer certifies that it meets federal motor vehicle safety standards.

Anyone planning to operate a motorcycle must apply for a Class M2 license. The Department of Motor Vehicles requires adults 21 years of age and older to:

  • Complete a Driver License application
  • Pass a vision exam
  • Provide fingerprints
  • Pay all required fees
  • Have a photo taken
  • Pass a driver knowledge test, motorcycle knowledge test, and motorcycle skills test

 

Licensing for minors is a bit different and depends on your age. If you’re between 15 ½ and 17 1/27 years old, you must meet these requirements:

  • Complete driver education and behind-the-wheel driver training and obtain certificates of completion
  • Certificate of Completion of Motorcycle Training
  • Complete an Identification Card or Driver License Application
  • Obtain a parent or guardian’s signature
  • Pass a vision exam
  • Provide fingerprints
  • Pay all required fees
  • Have a photo taken

 

Anyone 18 to 20 years old must meet the requirements below:

  • Certificate of Completion of Motorcycle Training
  • Complete a Driver License Application
  • Pass a vision exam
  • Provide fingerprints
  • Pay all required fees
  • Pass a driver knowledge test and motorcycle driver knowledge test

 

If you’re between 15 ½ and 20 years old, you must carry an instruction permit for at least six months. You are not allowed to ride on the freeway, at night, or with a passenger during that time.

Types of Motorcycle Accidents

Since motorcycles are lighter and smaller than most other vehicles, the rider can find themselves in various scenarios that lead to accidents that might not occur to someone driving a car. The most common types of motorcycle accidents are:

  • Dooring
  • Left-hand turn accident
  • Head-on collision
  • T-bone accident
  • Rear-end crash

 

This isn’t the entire list of all possible crash types that could occur. If you sustained injuries in any kind of motorcycle accident that was someone else’s fault, you might be able to hold the negligent party liable.

Causes of Motorcycle Accidents

Many motor vehicle drivers ignore motorcyclists. They focus more on cars and trucks when traveling along the road. This lack of attention puts motorcyclists at a much higher risk of being in an accident. A rider can end up on a collision course with another vehicle if the driver doesn’t see them.

The most common causes of accidents involving motorcycles include:

  • Passing too closely – If someone doesn’t leave enough space while passing a motorcyclist, they could clip the biker with their side-view mirror or sideswipe them.
  • Distracted driving – Distractions pose a severe challenge for any motorist. Focusing on another task, such as eating, changing the radio, or texting, prevents them from noticing what’s happening around them.
  • Failure to check blind spots – Since motorcycles are significantly smaller than most vehicles, drivers must thoroughly check their blind spots before changing lanes, or they could sideswipe a rider.
  • Running a stop sign or red light – Traffic signs and signals direct people around each other on the road. If someone decides to blow through a stop sign, they could collide with a motorcyclist already proceeding through the intersection.
  • Tailgating – Tailgating is dangerous no matter what type of vehicle you operate. When you follow someone too closely, there isn’t enough space to avoid a crash if you suddenly have to come to a complete stop. Accidents can be deadly if a driver tailgates a motorcyclist. With nothing restraining the rider to their bike, they could become airborne during a collision.
  • Speeding – Motorcycle accidents involving speeding drivers are often fatal. Traveling at a high rate of speed means the impact of a crash will be violent and destructive. A motorcyclist can’t withstand the force placed on their body when a car crashes into them, leading to debilitating injuries and even death.
  • Defective roadways – Defects can include potholes, missing guardrails, malfunctioning traffic lights, and structural damage. Drivers should proceed with caution around any defects to avoid an accident with a motorcyclist.

Most of these examples indicate a motor vehicle driver is likely at fault for an accident. However, when it comes to things like road defects, another party could be liable. Since government entities are typically responsible for maintaining roadways, you might be able to pursue compensation from them. OnderLaw can help you investigate the crash and determine what parties are liable for your accident.

Common Injuries Suffered in Motorcycle Accidents

Motorcyclists often suffer more severe injuries than the occupants of vehicles. That’s because motorcycles are much smaller than cars, and it’s harder for drivers to see a nearby rider. There aren’t any safety devices to protect a motorcyclist from suffering debilitating harm during a collision.

The most common injuries motorcyclists sustain in accidents include:

  • Broken bones
  • Paralysis
  • Internal organ damage and bleeding
  • Road rash, burns, and lacerations
  • Traumatic brain injury
  • Psychological and emotional damage
  • Scarring and disfigurement
  • Loss of limb or amputation injury
  • Spinal cord injuries

 

Any serious injury could result in a disabling condition. Losing a limb will require the victim to relearn how to walk or complete routine tasks alone. Some people may need assistance in their daily lives to drive, care for their families, and run errands.

These expenses can add up over time and become a financial burden. If the at-fault party were entirely responsible for the accident, you should not have to pay for any bills associated with your injury.

Who Is Responsible?

Unfortunately, motorcyclists suffer the terrible reputation of the movies’ “bad-boy-biker” stereotypes. When there’s an accident, many people are quick to blame the rider. They believe motorcyclists are dangerous and engage in reckless behavior on the road. However, this isn’t always the case. In many situations, another person’s careless actions cause vehicle collisions.

The circumstances of the incident will determine who you can hold liable for your medical treatment, property damage, and other losses. Common parties at fault for motorcycle accidents include:

  • Another driver
  • Government entity or employee
  • Construction worker
  • Roadway maintenance company
  • Manufacturer of a vehicle or its parts
  • Pedestrians and other non-motorists

 

If any of these parties caused your injuries in an accident, it is your right to seek compensation from them to cover the losses you suffered.

Compensation for a Motorcycle Accident Claim

California is a fault car insurance state. That means the at-fault driver becomes financially responsible for the victim’s injuries after an accident. State law requires every vehicle owner and operator to carry liability insurance.

When you file a claim with the negligent party’s insurance company, the compensation you receive could cover your losses, such as:

  • Physical impairment or disfigurement
  • Emotional distress
  • Medical expenses
  • Loss of enjoyment of life
  • Pain and suffering
  • Lost wages
  • Lost earning capacity
  • Property damage

 

You may also be entitled to exemplary damages if you choose to file a lawsuit. Instead of compensating you for your losses, these damages are meant to punish the at-fault driver for their actions. To receive this financial award, you must have clear and convincing evidence of the defendant’s fraud, malice, or oppression.

National and California Accident Statistics

In 2019, 5,014 motorcyclists were killed in traffic-related accidents. The fatality rate per 100 million vehicle miles traveled was significantly higher for motorcyclists (25.47) than the occupants of cars and light trucks (0.89 and 0.64, respectively).

There were 474 motorcycle fatalities the same year in California. Twenty-eight of these deaths resulted from the rider not wearing a helmet.

Contact Us

At OnderLaw , we have been advocating for motorcycle accident victims since 2002. We understand the devastating effects of a crash and how much it can upend your life. You will receive the dependable representation and services you need to make it through this traumatic experience.

If you were injured in a motorcycle accident due to someone else’s negligent actions, call OnderLaw for a free consultation with one of our knowledgeable Fremont motorcycle accident lawyers.