At Maison Law, we know how severe any motorcycle accident can be. Our team of committed Bakersfield motorcycle accident lawyers is here to assist you. We offer excellent legal assistance and can also provide support and guidance during the challenging recovery period. If you’ve been injured in a rear-end motorcycle accident, contact us today for a free, no-obligation consultation to discuss your case.
Do You Need a Lawyer?
What makes a rear-end motorcycle accident so difficult isn’t just the fact that you’ll get injured, but the fact that it brings so much uncertainty. You’re probably left with wondering how you’ll pay your medical bills or what you’ll do about missing work so much. At the same time, part of this uncertainty involves the severity of the accident itself. Some of them are simply minor collisions with minor injuries. If that’s the case for you, you probably don’t need a lawyer.
However, a typical rear-end motorcycle accident in Bakersfield can be very harmful for riders. They happen when a motorcycle is hit from behind by another vehicle. These accidents can cause more serious injuries than regular fender-benders. So, our team can be a huge help in these situations. Here’s how we approach these cases:
- Investigating and gathering evidence – We’ll investigate your case thoroughly to understand what happened and what you’re entitled to. Our goal is to gather important evidence and present it effectively to strengthen your case.
- Dealing with insurance – Once we have enough evidence, we’ll ask the at-fault party’s insurance company to provide a fair settlement. We’ll guide you through this process to make sure you get what you deserve.
- Going to court – If needed, we’ll file a lawsuit on your behalf and go to court for you.
Throughout it all, we’ll keep you informed and give you honest advice about what to do next. Facing injuries is never easy, but trying to also handle the legal side of things can be overwhelming. That’s why we take such pride in our approach, and our ability to make the process easier on you and your family.
Who is Responsible For These Accidents?
In terms of who is responsible, the law has a way of figuring this out–in most cases. Legally speaking, this is known as liability, and it involves establishing negligence. Negligence, in turn, has four things that must be shown:
- A duty of care to operate a vehicle in a safe way
- A breach of that duty
- The rear-end accident being caused by the breach of duty
- A causal link between the breach and your injuries and other damages
With that established, it’s clear that the driver that rear-ended you is going to be the one that’s primarily responsible for covering your injuries and other losses. But every accident is unique, and could also involve other liable parties like:
- Secondary drivers
- Other motorcyclists
- Pedestrians and passengers
- Construction companies and workers
- Parts manufacturers
- Government agencies
It’s extremely important to get as much information you can from every liable party, and it’s here that our team can help. With our resources and experience, we know how to get the information you need to determine all the responsible parties in the accident–and then file your injury claim.
Causes of Rear-End Motorcycle Accidents
For all of its positives when it comes to riding motorcycles, the issue of accidents is one of Bakersfield’s biggest drawbacks. At the same time, the underlying causes of these accidents in the city and surrounding area aren’t unique to just this area.
Here are some common reasons for rear-end motorcycle accidents:
- Distractions – Drivers that are texting or messing with their sound system might not see your motorcycle until it’s too late.
- Following too closely – If a driver is following too closely behind your motorcycle, they might not have enough time to stop if you have to slow down suddenly.
- Speeding – Going too fast can make it hard to stop in time if you appear suddenly on your motorcycle.
- Driving drunk or on drugs – This slows reaction time, making it tough to avoid hitting your motorcycle.
- Poor visibility – Bakersfield’s weather is usually fairly stable, but it does see its fair share of rain and fog and other types of weather that make it tough to see. This increases the chances of a motorcycle accident.
Injuries
Another difficult aspect of these accidents is that they most often result in injuries, either moderate to severe in more serious accidents. Even if you wear protective gear and ride carefully, being hit from behind by a vehicle can cause:
- Traumatic Brain Injuries (TBI)
- Broken bones
- Torn ligaments
- Neck and back injuries
- Spinal injuries
Obviously, the more hurt you are, the more difficult your recovery will be. But it’s important to remember that the law is on your side and allows you the opportunity to file an injury claim. That said, it’s important to protect yourself and your rights.
What Should You Do After Getting Rear-Ended?
The actual starting point for your potential claim begins right after the accident, where you’ll have to do certain things to protect your rights. Some of these aren’t complicated, but others you might not think of, especially in the fog of any injuries:
- Get medical care and call the police to report the accident
- Try to start gathering evidence and information from any witnesses
- Exchange insurance details with the driver of the car that hit you
- Follow up with a longer visit to a doctor for further medical care and to address any slow-moving medical issues
Damages in a Claim
The main purpose of filing an injury claim is to recover “damages” from the parties responsible for causing the accident. While every claim is different, you can potentially recover the following if your claim is successful:
- Costs for your medical expenses, including treatment, surgeries, ongoing care needs, and any other health-related bills from the accident
- Costs for the physical pain and mental anguish that the accident caused you
- Separate costs for the emotional distress the accident caused you
- Payments for any damaged property, including repair or replacement costs for your motorcycle
- Financial considerations for any lost wages from missed work or lost earning potential if you can’t work anymore
- Costs relating to the reduced quality of life or impact on your personal relationships caused by the accident
- Wrongful death expenses for things like your funeral and burial costs if the accident is fatal
As with any injury claim, you have to make sure to file within the statute of limitations, which is the deadline for filing claims. Currently, it’s set at two years from the date of the accident. Missing this deadline means you won’t be able to file a claim and recover any damages, even if you have a strong case.
Contact Maison Law After a Bakersfield Motorcycle Accident
Dealing with a rear-end motorcycle accident is incredibly challenging, especially when you’re trying to recover physically, emotionally, and financially. That’s where our team of Bakersfield motorcycle accident lawyers comes in. Our goal is to make sure you get fair offers for your injuries and other losses. We’ll work hard to protect your rights and support you every step of the way, so you can focus on getting better and back to enjoying your life. Contact us today for a free consultation to get started.
