Motorcycle riders are at greater risk of injury and death when they are involved in an accident. Without the protection of an enclosed vehicle, they suffer much more devastating conditions that could leave them with astronomical medical bills. When someone else is to blame for the crash, they may have the option to seek compensation.
Moody Law stands ready to help you or a loved one after a wreck. We understand you need experienced guidance from a skilled California motorcycle accident lawyer who will answer your questions and address your concerns. We can help you recover financially, physically, and emotionally from your injuries. Contact us to schedule a free consultation to learn more about your options.
Why Choose an Attorney at Moody Law for Your California Motorcycle Accident?
When you need help managing the aftermath of a motorcycle accident, you want someone who understands all sides of the crash. Attorney Joshua Moody at Moody Law knows because he has been riding motorcycles his whole life. Whether it be dirt bikes out in the desert, or a street bike on the California roads, he knows the dangers motorcycle riders face.
- Extensive background in the law: Josh spent many years as a patrol deputy and detective in Apple Valley, investigating cases ranging from DUI to murder. He uses this experience to bolster his understanding of how to interpret the law to your advantage.
- Commitment to clients: Josh has managed both criminal and personal injury cases, giving each client the dedication, integrity, and tenacity they deserve to receive a favorable outcome.
- Recognized experience: Josh has been admitted to the American Association of Premier DUI Attorneys for his superior legal representation skills on DUI cases.
Motorcycle Accidents Are Different From Automobile Accidents
Motorcycle riders are 28 times more likely to die in an accident and five times more likely to be injured compared to motorists in cars, according to the National Highway Traffic Safety Administration (NHTSA). Two-wheeled bikes with powerful engines can be difficult to control, even for an experienced rider. Negligent drivers, bad road conditions, and unexpected hazards can lead to a dangerous crash.
Riders often suffer more severe injuries because they do not have a protective cage around them. They are also frequently thrown from the bike into objects or other vehicles. Blunt force trauma is common, as well as many of the following injuries:
- Burns from fire and chemicals
- Broken bones and fractures
- Collapsed lungs
- Crush injuries if you are run over
- Cuts and lacerations
- Damaged reproductive organs
- Internal bleeding
- Loss of limb
- Neck and spine damage
- Puncture wounds
- Road rash
- Tears and strains to joints, muscles, and tendons
- Traumatic brain injuries
Understanding the Cause of Your Motorcycle Crash
Relying on a careful and skilled motorcycle accident lawyer to gather and examine the evidence can be the key to learning exactly what happened and how. Some common causes that our team has seen in crashes like these include:
- Potholes or large puddles
- Drivers who are drunk, distracted, sleepy, or aggressive
- Drivers who fail to look for motorcycles
- Malfunctioning traffic lights
- Road signs blocked by overgrown trees or bushes
- Unsafe road design
- Speeding
- Drivers who fail to check blind spots before changing lanes
- Drivers who swerve in front of your bike
Moody Law’s team will put their skills to work investigating your crash, interviewing witnesses, and obtaining evidence to recreate how your accident occurred to determine all parties who could be at fault.
Determining Who Is at Fault Can Be Complicated
When you are recovering from your injuries after a motorcycle accident, you need to concentrate on getting better. You likely do not have the time or energy to try to find out who hurt you or how, and you need a trustworthy legal advocate working for you. Our California motorcycle accident attorneys can help you successfully identify the at-fault parties.
California Civil Code Section 1714 outlines a pure comparative negligence rule, meaning that many parties can be at-fault for a crash. To protect themselves, the person you file a claim against may say that you were partly responsible for the wreck. Your attorney will use every legal advantage available to minimize your liability, but even if you are found partially at fault, you can still recover damages for your injuries.
Strong evidence and a powerful presentation of the facts in your case can sway the jury to your side and maximize the damage award you receive.
Proving Liability in a Motorcycle Accident Claim
The time following a motorcycle accident is critical in more ways than one. You not only need immediate medical attention, but you and your family must try to understand who is at fault for your crash. Holding the right parties responsible is challenging without the right evidence and a strong legal argument.
Rather than trying to do all this on your own, you and your loved ones can put these concerns in the hands of our highly-skilled motorcycle accident lawyers. We can work with insurance companies to file and negotiate your claim, assess settlement offers, and continue to court when we cannot get a satisfactory result.
We will demonstrate negligence against the other parties by showing:
- The liable parties owed you a duty of care while driving.
- They breached or failed to uphold this duty.
- You were injured and suffered property damage as a direct result of their failure.
- You have expenses related to your injuries and other damages.
Our team will back up these arguments with robust evidence that we collect and present in a compelling manner. In addition to your statements and information, we will conduct an investigation and gather materials from sources such as:
- Cell phone records for all drivers
- Data from private auto-tracking devices and services
- Input from medical and crash experts
- Manufacturing records for all vehicles
- Medical records and receipts
- Photographs of the accident scene and your injuries
- Police accident reports
- Statements from witnesses and other drivers
- Testimony from accident reconstruction experts
- Video from traffic cameras, security cameras, dashboard cameras, and cellphones
A large number of claims can be settled out of court when the evidence is presented powerfully to insurance adjusters and defense attorneys. Moody Law does not back down against large insurance companies and will take your case as far as needed to show them we mean business.
Can You Get Money From a Motorcycle Accident in California?
There are many ways you might seek compensation for your damages after a motorcycle accident claim. Your choice often depends on who is at fault and how you were involved in the crash. Typically, you can file an insurance claim against another driver’s liability insurance coverage, but since the minimum requirement is only $15,000 for injury or death to one person and $30,000 for injury or death per accident, you may exhaust the policy limits.
If filing an insurance claim is not enough, you can consider filing a personal injury lawsuit against all responsible parties.
Filing a Claim After a One-Vehicle Accident
In a single-vehicle accident, it may seem obvious that a rider is at fault. However, there could be many factors at play that contributed to the motorcyclist’s crash which had nothing to do with their actions. Debris left on the road or untrimmed trees and bushes could have led to the accident.
Your bike may have had faulty or malfunctioning parts, or a mechanic may have performed substandard repair work. Regardless of who is to blame, your attorney can advise you on whether to pursue an insurance claim or a lawsuit.
Filing Separate Claims as a Motorcyclist and Passenger
Both the operator and passenger on a motorcycle can file separate claims against liable parties to seek separate compensation. In some cases, an attorney can represent both individuals, but your lawyer will inform you if there is a conflict of interest. You can pursue an insurance claim or file a lawsuit.
Filing a Claim as a Motorcycle Passenger
If you were in a sidecar or on the back of a motorcycle, you likely did not contribute to the crash. You can file an insurance or personal injury claim for damages against anyone responsible for the accident, including the motorcycle operator.
What Is the Statute of Limitations for a Motorcycle Accident in California?
You must act quickly if you wish to file a personal injury lawsuit in California. The statute of limitations for these cases is generally two years from the date of the accident. However, there may be circumstances when you have more or less time, and a qualified motorcycle accident attorney can help you understand your situation.
If you fail to file in time, you could lose your right to seek compensation through the courts. Since it takes weeks or months to fully investigate an accident and develop an appropriate estimate of your damages, you should contact Moody Law as soon as possible. We can manage the legal burdens while you recover.
How Much Are Most Motorcycle Accident Settlements?
After investigating your accident and determining liability, your attorney will create an estimate of your damages. This can be challenging with motorcycle accident injuries since victims often need a long time to heal and may have multiple surgeries. If you are permanently disabled, you could need a lifetime of nursing care or in-home assistance.
After your initial meeting, your attorney will assess the value of your claim to account for economic losses (those with a fixed value) and non-economic losses (those that are subjective). Moody Law will ensure that all your past, present, and potential future expenses are included to prevent you from facing a financial crisis following your settlement.
Typically, you will seek compensation for the following kinds of losses:
Income and Benefits
Taking time away from work when you are hurt means you not only lose income but also benefits. You may be unable to maintain insurance payments or retirement account contributions. A lengthy recovery could negatively impact your ability to receive raises, bonuses, or promotions. This decrease in earning capacity can set you back for the remainder of your career.
Healthcare and Medical Expenses
As mentioned, you may suffer extreme injuries from a motorcycle accident, even if you wear protective gear and a helmet. The unpredictability of a bike crash means you may wake up from emergency surgery and spend many days in the ICU. After you are released, you will likely need rehabilitative care and may not be able to return to your regular activities for some time.
You may need to cover expenses such as:
- Surgeries
- Prosthetic devices
- Physical therapy
- Travel costs for appointments
- Hospital bills
- Private nursing care
Total medical bills for a motorcycle accident can total hundreds of thousands or more, depending on how much care you need to recover fully. Moody Law will ensure all your costs are included in our demands to the liable party.
Reduced Quality of Life
In addition to your financial losses, you must be repaid for the way your life has been affected by someone else’s careless actions. Your emotional trauma, anxiety, depression, loss of enjoyment of life, and sense of isolation are all valid damages that must be compensated. If you can no longer ride a motorcycle, you have lost an important part of your quality of life.
Property Damages
Your bike was likely damaged or even destroyed during the crash. Loss of your motorcycle, gear, special equipment, cell phone, and luggage can all be included in your damage request. If you were self-employed and ran your business from your laptop, the loss of it could significantly affect your income until you heal and can replace it.
Punitive Damages
Punitive damages are awarded by a judge or jury when the actions of a defendant are especially egregious. The right to punitive damages in California is outlined in Civil Code Section 3294. You must establish through clear and convincing evidence that the defendant acted in a way that goes beyond standard negligence and may have included intent or malice.
The goal is to punish the defendant heavily and serve as a warning against anyone engaging in those same behaviors. Although your attorney can request punitive damages, they are usually left to the discretion of the court.
Wrongful Death Claims After a Motorcycle Accident
In many accidents, motorcyclists pay with their lives for someone else’s negligence. Their families are left without their loved ones, their companionship, and their contributions to the household. The team at Moody Law can assist you with a wrongful death claim following a crash, seeking all medical damages, as well as:
- Burial expenses, including transport
- Funeral costs
- Loss of guidance and care for children
- Loss of inheritance
- Loss of consortium
- Loss of enjoyment of life
- Loss of future income
The grief and emotional trauma of the surviving family members can also be included as further non-economic losses.
How Moody Law Can Strengthen Your Motorcycle Claim
Your motorcycle accident claim should seek compensation to cover your medical bills, repair for your bike, and your pain and suffering. This does not happen automatically when you file an insurance claim or lawsuit. It takes aggressive negotiation and a willingness to fight hard for what you deserve.
The team at Moody Law can provide that approach, coupled with countless hours of experience in the courtroom arguing cases successfully. He will ensure you get the best outcome possible with services such as:
- Collecting evidence from the crash site
- Completing all paperwork correctly and on time
- Determining liability
- Estimating your total damage claim
- Handling all communications
- Identifying contributing factors and parties
- Interviewing witnesses
- Investigating every aspect of the crash
- Negotiating with insurance representatives
- Representing your interests in court
- Securing expert testimony
As your California motorcycle accident lawyer, Josh will keep you informed on the progress of your case and advise you on all decisions. You are always in control of how far we take your claim, guided by our experience and recommendations. We help you understand the legal nuances that apply to your situation and help you build a strong case.
Along with this, you do not have to worry about putting down an expensive retainer for us to begin working for you. We offer a contingency fee basis for our clients, meaning we do not get paid until and unless we win your case. Our fees will come as a percentage of your settlement or jury award when the work is done, and we are successful.
Contact Us Today to Speak With a Qualified California Motorcycle Accident Lawyer
When other drivers have been careless and caused you harm, you need a strong ally on your side to fight for what you are entitled to receive. You need justice and sufficient compensation to recover from your injuries. Moody Law offers top-notch legal representation, with California motorcycle accident lawyers who are ready to listen to your story.
Moody Law provides a compassionate and accomplished team that alleviates your worries and ensures your case receives the attention to detail and care it deserves. We protect your right to financial relief, fighting back against underhanded insurance tactics and holding negligent drivers responsible for their actions.
Contact us to schedule a no-risk, free consultation today.