Maison Law can guide you through the claims process if you’ve been injured in a motorcycle accident in Fremont. No matter how careful or experienced you are on your motorcycle, accidents can happen. But the fact of the matter is that you’re especially vulnerable to injuries when you’re in a motorcycle accident, and you simply can’t account for what somebody else does or doesn’t do. We can help you through the process of getting better. Set up a free consultation today.
Why It Makes Sense to Talk to Our Lawyers After a Motorcycle Accident
Not every motorcycle accident needs to turn into a legal case, but when you’re dealing with serious injuries, medical bills, and time away from work, it helps to understand where you stand. Insurance companies may not see things the same way you do, and figuring out who was responsible can take more work than you might expect.
That’s why it makes sense to talk to our lawyers as soon as you can. When you sit down with us, we can help you understand what you’re facing and how you can move forward. To do that, we’ll:
- Explain your options and how the claims process works
- Help you look at the information you already have and what else we can get
- Look into how the accident happened and who might be responsible
- Take over talks with the insurance company to protect your interests
Most importantly, you don’t have to figure everything out on your own while you’re trying to recover. We can help you understand the process and what to expect along the way. Taking a step back though, everything starts with the accident itself.
Where Motorcycle Accidents Tend to Happen in Fremont
Like most cities, Fremont has a mix of busy intersections, major roads, neighborhood streets, and highway access points. But unfortunately, that’s exactly where most motorcycle accidents here tend to happen, especially at:
- Busy intersections like Fremont Boulevard and Mowry Avenue, which are dangerous because that’s where drivers turn across a motorcycle’s path or fail to yield.
- Major roads like Fremont Boulevard, Mission Boulevard, and Mowry Avenue, where heavy traffic can lead to sudden stops, unsafe lane changes, and collisions.
- I-880 and I-680 entrances and exits, which give motorcyclists little room to react to merging traffic and drivers cutting across lanes.
- Neighborhood streets, which have cars pulling out of driveways, backing out of parking spaces, and opening doors. All of which put you and other motorcyclists at risk.
- Construction zones around the city can create hazards like loose debris, uneven pavement, and sudden lane changes.
What’s important to remember is that these places only show the underlying patterns that can lead to a motorcycle accident. When you’re riding, you could be in one no matter where you are. And when it does happen, it becomes about helping yourself.
How Information Helps After Your Motorcycle Accident
After a motorcycle accident, you’re typically focused on one thing: getting home safely. That’s understandable. That’s why the very first thing you should do is call 911 to get an ambulance and police to the scene.
But it’s also an important time in terms of information. Hopefully, you’ll be under your own power and able to get a few basics like:
- Pictures/videos of the scene, your motorcycle, other vehicles, the road, traffic signals, and anything else that helps explain how the accident happened.
- License and insurance information from any drivers involved.
- Contact information from any bystanders or people that helped you.
Keep in mind that you might not be able to get all of this yourself, especially if you’re injured. That’s okay. Your health comes first, and you can ask someone you trust to help when possible. As long as you have the basics, we can fill in any gaps later as more information starts to come in, like:
- Your medical records
- The police accident report
- Progress pictures of your injuries as they heal or get worse
- Nearby footage from any traffic cams, dashcams, or cell phones
- Any emails or letters from the insurance company
It’s true that this information is important for you as you move forward through the claims process, but again, what’s really important is your health and safety. You should never try to push through injuries to gather these things. And ultimately, the circumstances will reveal themselves eventually.
Who Has to Pay For My Damages in a Motorcycle Accident?
This is the big legal question here. And legally speaking, the person or group that’s responsible for paying for your damage comes down to negligence. Most of the time, this is going to fall on a driver that was:
- Turning in front of your oncoming motorcycle
- Changing lanes without checking their blind spot
- Driving while distracted by a phone or other device
- Failing to yield the right of way
- Following you too closely or tailgating
- Pulling into traffic without enough room for you
These are all examples of negligence on the part of the driver, but there are others that could share some of the responsibility too. Usually, that brings in:
- The city government if they didn’t fix dangerous road conditions, such as potholes, uneven pavement, loose gravel, or missing warning signs.
- The company that made or sold defective tires, brakes, or other motorcycle parts that failed.
There’s also the question of comparative negligence. Insurance companies may try to shift more of the blame onto you to reduce what they have to pay. But even if you were partly at fault, that doesn’t automatically mean you can’t file a claim.
What Damages Can You Recover After a Motorcycle Accident?
It’s really easy to understand why motorcycle accidents are so damaging. Even if you’re at a slow speed, wearing a helmet, and doing everything carefully, the margin of error is so small that you have virtually no protection in the event of an accident.
And despite what the insurance company tries to argue, you still have the ability to go after damages in an injury claim when someone else’s negligence was what caused your accident. Those damages are going to be specific to your situation, and includes costs relating to things your:
- Medical bills, including future treatment
- Physical therapy and ongoing care to help you recover
- Wages you’ve lost and income you may miss out on in the future
- Motorcycle repairs or replacement and other damaged property
- The physical pain you’ve been through
- Emotional distress caused by the accident
- Loss of enjoyment of life or companionship
- Expenses and other losses when a motorcycle accident takes a loved one’s life (through a wrongful death claim)
Many claims begin with an insurance claim, and some can be resolved through negotiations. If the insurance company won’t offer a fair settlement, filing a personal injury lawsuit is usually the next step. It takes more time and effort, but can lead to fuller damages. And no matter what you decide to do, our team will be ready to help you.
Frequently Asked Questions
Can I file a claim if I was the only person involved in the motorcycle accident?
Yes, if a road hazard or something similar caused your accident. You have the right to file an injury claim against whoever was negligent.
How long do I have to file a motorcycle accident lawsuit in California?
Generally, two years from the date of the accident. Shorter deadlines can sometimes apply if your claim involves the city or state government, though.
Should I talk to the other driver’s insurance company?
You can report the accident, but be careful about giving recorded statements or speaking to an adjuster at length before you understand your injuries and legal options.
Maison Law Can Help You After a Motorcycle Accident in Fremont
A motorcycle accident in Fremont can leave you dealing with painful injuries, mounting expenses, and a lot of uncertainty about what comes next. You shouldn’t have to sort through all of that without understanding your options.
At Maison Law, we can help you look into what happened, explain your rights, and guide you through the claims process. Set up a free consultation today to get started
