Maison Law’s Bakersfield Motorcycle Accident Lawyers help victims hurt after they’ve been struck by careless drivers. We make sure riders and their injured passengers receive what they need to heal physically and financially after a frightening collision. If you or someone in your family has been injured in a motorcycle accident, contact us for a free consultation to discuss your options.
When to Contact a Lawyer After a Motorcycle Accident
If you are struck by a careless driver while riding with someone on a motorcycle and you come away with serious injuries, it’s wise to speak to a lawyer about your options. Your lawyer can help you keep the blame and accountability on the driver. A lawyer also makes sure you receive support that covers every hardship, without bills being left for you to pay.
A more serious injury means your medical bills will be higher, your time out of work will stretch on, and you’ll be away from the motorcycle rides you love longer. This increases the value of your case, but also prompts car insurance adjusters to fight harder against accepting responsibility.
A lawyer also has a good chance of earning you more for your case if you’ve suffered these injuries or others:
- A Traumatic Brain Injury, including a serious concussion
- A chest fracture, or a broken bone anywhere in the body
- A hip injury
- A knee injury
- A back or vertebral injury
- A neck injury, including a serious case of whiplash
- Facial lacerations or damaged teeth
- Road rash or a degloving injury (skin peeled back)
- An injury to a family member in a motorcycle passenger accident
- The tragic death of a family member in a motorcycle accident
You don’t have to have an attorney to file a claim after a motorcycle accident, but our team can often significantly improve your chances of a better result. We’ll navigate the legal process, protect your rights, and make the process easier for you and your family.
Accident Support Available to Motorcycle Passengers
Motorcycle riders and their passengers face the same dangers on local roadways and the same accident risks.
Riders may be on Highway 99 when a careless motorist switches lanes without checking their mirrors and blind spots for riders. Victims can be struck by a car and then suffer a dangerous roll on the road surface.
A distracted driver may make a left turn at the intersection of White Lane and H Street without checking the oncoming lanes for the smaller profile of a motorcycle. They can make a hasty turn and suddenly put the length of their vehicles in front of two motorcyclists with no way to avoid a T-bone impact.
Drivers and their car insurance providers must be held accountable for the immediate costs of recovery (e.g., an ER trip, emergency response fees, ambulance fees). Careless drivers must also be liable for the long-term effects of an injury and on the victim’s ability to go to work and support themselves and their families.
A skilled attorney from Maison Law of Bakersfield would demand this support and more:
- Support for current hospital bills now and any expected in the future.
- Long-term support for any permanent disability suffered by a rider or passenger.
- Support for the physical pain and emotional distress victims endure in an accident and during a difficult recovery.
- Support for the loss of enjoyment of life for victims who may not be able to participate in family activities or continue their motorcycle rides.
- Support for the income victims lose while injured, making it hard to make ends meet.
- All travel costs associated with care.
- Support to pay for a damaged motorcycle or enough to replace it.
- Wrongful death benefits. Families who lose a loved one in a motorcycle accident earn support for funeral costs and the income the deceased can no longer provide. The support can also include the emotional suffering families are immediately put through and the loss they’ll have to cope with for years to come.
California Motorcycle Passenger Laws
Motorcyclists in California are allowed to carry passengers, even children, on their trips. However, there are strict guidelines and even some precautions motorcycle owners must take before allowing someone to climb aboard.
The California Motorcycle Handbook from the DMV goes over the responsibilities riders have when they take on a passenger.
The safety steps to take are laid out in the section beginning on page 38. These are a few of the critical steps:
- Providing a seat that’s big enough for both rider and passenger
- Footrests must be in place and where the passenger can reach them
- Passengers have to have a motorcycle helmet on, the same helmet requirements as the person driving the motorcycle
- The motorcyclist must instruct any passengers on riding safety, such as when to lean and when to hang on tighter
- Children can ride with adults but must have helmets on that fit and have access to footrests they can reach, among other precautions
Of course, riders must also try to protect their passengers from the negligent moves drivers in cars, SUVs, and trucks will make on Bakersfield Highways. That can be impossible in some situations, and riders can be sent to the road surface and end up at Adventist Health Bakersfield with devastating injuries.
A skilled attorney can investigate the accident and make sure the driver is held liable for all of the motorcycle owner and passenger’s recovery costs. When necessary, Maison Law can also bring in accident reconstruction specialists to shine a spotlight on the mistakes of the driver.
Filing A Claim Against a Motorcyclist You Were Riding With
In some cases, a motorcyclist may have gotten reckless and caused an accident that hurt a passenger.
If you suffer an injury due to the mistake of a motorcyclist you are riding with, you can file an injury claim against the rider’s motorcycle insurance provider. You can ask for help with all of your medical bills, your lost paychecks, and other hardships for as long as it takes to heal.
If You Aren’t Covered: Not all motorcycle insurance policies feature coverage for injured passengers. If there’s no added-on guest passenger liability coverage, passengers may not be protected. The motorcyclist may have to help the passenger out-of-pocket.
This type of claim may also mean you have to file a claim against someone you know. It may be a friend or family member who was driving the bike when they made a careless mistake. They owe anyone they allow on their motorcycle a “duty of care” not to take actions that could easily lead to crashes.
It’s natural to feel conflicted over filing an insurance claim against someone you are close to, but that’s not the way to think about it. Your claim won’t be aimed directly against a loved one. The rider’s insurer would be financially responsible for your damages.
What’s more, you may be in desperate need of financial help to pay for a full recovery. Your friend or family member should want you to receive the care you need to get back on your feet. This is the reason why they carry motorcycle insurance in the first place.
Contact a Bakersfield Motorcycle Accident Attorney
Martin Gasparian, the founder of Maison Law of Bakersfield, is an advocate for safe rides and never wants to see motorcyclists or their passengers made to wait for recovery help. Mr. Gasparian has a long track record of helping Kern County victims earn full support that allows them to afford the care they need and to get back on their motorcycles.
We’re pleased to offer free consultations and case reviews to all local accident and injury victims. Tell us what happened and how your injury has affected your life. There’s no obligation for this meeting. We can answer all of your questions. And if we can’t help you earn more for your injury claim, we’ll tell you that and direct you on how to file a successful claim yourself.
If you feel we could help you win more, you don’t have to worry about how you’ll pay a lawyer. Maison Law doesn’t ask for any payment unless we win your case for you. Then our attorney’s fee comes out of the settlement check that a car insurance company must write for you.
