Maison Law represents all individuals who have sustained injuries in a motorcycle accident in Oildale. If you were injured by a driver while riding a motorcycle or your loved one has suffered from fatal injuries caused by a motorcycle accident, contact an Oildale motorcycle accident lawyer for a free and confidential consultation and case evaluation.
After a motorcycle accident, the unfortunate reality is that individuals will start to rack up bills and receive stressful calls from the insurance company. Holding a liable party or parties responsible for your accident is a major concern with being successful in an injury claim. At Maison Law, we have the experience and compassion to handle your motorcycle accident claim and negotiate for the best results. Contact us for the representation you deserve during these trying times.
Do I Need an Oildale Motorcycle Accident Lawyer After an Accident?
There are much greater risks to motorcyclists on Oildale roads than most other drivers who share the roadways. This is due to the fact that motorcyclists are riding on two wheels and are not enclosed inside their vehicles like passenger vehicles or truck drivers.
In the event that a motorcycle accident occurs, a motorcyclist is more likely to sustain severe and even life-threatening injuries. After you have sought necessary medical attention for the injuries caused by a motorcycle accident, you may question whether or not you need the assistance of an Oildale motorcycle accident attorney.
Though retaining a lawyer is completely up to you, it can be incredibly beneficial to have the help of a lawyer on your side who has handled claims like yours in the past. When the insurance company starts to call and offer you low settlement damages or attempt to pin the blame on you, a legal advocate will defend your rights and protect the integrity of your claim at all costs.
You will likely want to retain the help of a motorcycle accident lawyer if any of the following apply to your claim:
- The motorcycle accident was caused by another party to any degree
- Your injuries were serious enough to warrant a hospital stay
- Your injuries require significant follow-up care
- You will be forced to miss time at work
- Your injuries impact your daily life on financial and emotional levels
From spinal cord injuries to traumatic brain injuries and road rash, the injuries that a motorcyclist can sustain in an accident can be impactful. Many of these injuries require more than one visit to a doctor, which means that you could miss out on financial opportunities or time enjoying your favorite activities.
There are some circumstances, however, where the help of a lawyer might not be necessary. These include the following circumstances:
- Your accident only led to property damage and no injuries
- It was determined that you were completely at fault for the accident
- You have only sustained minor bumps and bruises in the accident
If your accident led to severe injuries and damage, an attorney will be well-versed in how to seek the damages that you deserve in your claim. This can help you take the time to focus on your physical recovery.
Types of Motorcycle Accidents in Oildale
In many cases, you will find that a motorcycle accident is caused by another driver’s negligence. Because motorcycles are relatively small vehicles, an accident with a larger vehicle like a truck or an SUV could lead to catastrophic results. Some of the most common types of motorcycle accidents include the following:
Left-Hand Turn Accidents: These accidents occur when a motorcyclist is struck by a vehicle making a left turn. These accidents are most common at intersections, stop signs, stop lights, and on corners. Drivers are urged to pay close attention to the roads in these dangerous areas but motorcycle accidents still continue to happen every year.
Failure to Observe Accidents: Motorcyclists are easily missed by other drivers who are not focused on the roads around them. When a driver is not looking out for motorcyclists in their blind spots or is driving distracted, a “failure to observe” accident could occur within seconds.
Lane Switching Accidents: Sometimes, the driver of a passenger vehicle, truck, or SUV will make a lane change on a major highway in front of a motorcyclist. As a motorcycle is passing by, they will be struck by the much larger vehicle, which could throw them off onto the ground and cause severe trauma. If it is proven that the driver failed to use their turn signal, was driving aggressively, or some other form of negligence, they could be held liable for the motorcyclist’s injuries.
Accidents Caused by Hazardous Road Conditions: In some cases, a motorcyclist’s accident is caused by the conditions of a road. These include aspects like construction zones, potholes, and roads that have not been properly maintained. In these cases, a municipality could be held liable.
Reckless Driving Accidents: When a driver is acting recklessly through aggressive driving, road rage, distracted driving, or driving under the influence, they could be held liable for a resulting motorcycle accident. These accidents can be incredibly devastating, landing a victim in the hospital for days or weeks at a time.
Determining Liability in an Oildale Motorcycle Accident
From the moment that you are injured in a motorcycle collision, you will likely work on collecting evidence that can be used in your claim in the future. Determining who is liable for your accident is of utmost importance if you want to bring a claim against one or more parties for the collision.
California follows comparative fault laws for all types of accidents. Being a pure comparative negligence state means that the fault of both parties is taken into consideration. The fault of the parties will be given a percentage and damages will be determined from there. Even if a motorcyclist is found to be 60% at fault, this means that the other party owes them damages since they are 40% at fault for the accident. Police will give their reports on the accident, witnesses will be questioned, and surveillance footage will be submitted for review so that all boxes are checked when determining who is liable.
The laws concerning liability can be tough to navigate, especially if you are not familiar with the legal system. Fault may not always be straightforward in an accident, which is why it can be helpful to seek the assistance of a motorcycle accident lawyer who is ready to collect evidence and speak with witnesses who can give testimony in your case.
How to Deal with the Insurance Company After a Motorcycle Accident
On top of the injuries and emotions that you are dealing with following a motorcycle accident, you will also have to deal with the insurance company. You may believe that the insurance adjuster is looking out for your best interests but, in all reality, they are looking for every option to offer you less than you deserve or deny your claim altogether. When the insurance company calls, there are a few tips to remember:
- Remember that the insurance adjuster is not on your side, which means you should never get too comfortable with them. Even when it comes to your own insurance company, they are only looking to protect their own interests, which means offering you as little as possible in some cases
- Keep your answers short and concise when speaking with the insurance company and never give them more information than what they request.
- Stay aware of bullying tactics, such as an adjuster who repeatedly demands information from you that you do not have. You have every right to terminate an interview.
- Remember that insurance adjusters sometimes have a preconceived idea of motorcyclists and how they are to blame for an accident even when it was not their fault.
- Refuse any quick settlement offers from your insurance company. The first offer is typically the lowest amount they can offer, so hold out and remember to negotiate. This will ensure that all of your bills are covered after an accident.
Dealing with the insurance company comes with many struggles. Because of this, speaking with a motorcycle accident lawyer in Oildale can help you through these difficult times and complexities.
Damages Available After an Oildale Motorcycle Accident
When a motorcyclist survives a crash but is seriously injured, their entire life could be affected. The injuries and time away from work can keep a motorcyclist from fully moving forward financially. Luckily, the victim of one of these accidents can bring a personal injury claim for two different types of damages: special and general damages.
Special damages are also known as economic damages. These types of damages cover out-of-pocket expenses caused by the accident. Some examples of them include the following:
- Medical expenses a victim sustained and any expenses for the future
- Property damage replacement or repair
- Lost wages and future loss of income due to injuries that prevent work
General damages, on the other hand, are known as non-economic damages. In some cases, some losses are not monetary in nature caused by an accident. These types of damages can be incredibly extensive and make up a large portion of an injury claim. Some examples of them include the following:
- Pain and suffering
- Mental anguish caused by the accident
- Disfigurement and scarring
- Lowered quality of life
If you and your family have lost a loved one in a motorcycle accident, you may also qualify for damages on behalf of these losses. A wrongful death claim could lead to some of the following damages:
- Loss of love and companionship
- Loss of consortium
- Burial and funeral-related expenses
No matter the circumstances leading to your accident, you have rights and options under California law. Because a motorcycle accident claim can be intimidating, speaking with a legal advocate can help you move forward.
Frequently Asked Questions
Should I see a doctor after a motorcycle accident even if I feel okay?
Yes, you should absolutely seek medical attention after a motorcycle accident to ensure that all injuries are accounted for. Not all injury symptoms will be present at first after an accident. Not only can it protect your health and well-being, but seeing a doctor can help the future of your claim as well.
What are the best pieces of evidence to save after a motorcycle accident?
Videos and photographs are two of the best pieces of evidence to preserve at the scene of your accident. Some other pieces of evidence that can help you in the future of your claim include medical bills, wage statements for lost work, and witness information.
What is the statute of limitations on a motorcycle accident claim in Oildale?
The statute of limitations for motorcycle injury claims in Oildale and throughout California is two years from the time of your accident or when your injuries first appear. It is important to act quickly when bringing a claim, as you could miss out on opportunities for damages if you wait past the two-year deadline.
Contact an Oildale Motorcycle Accident Lawyer
With drivers consistently disobeying the rules of the road and motorcyclists being incredibly vulnerable, it is no surprise that many victims end up with serious injuries due to these collisions every year in Oildale and Kern County. If you or somebody you love has been hurt in a motorcycle accident due to the negligence of another party, contact a knowledgeable lawyer at Maison Law. With a free and confidential consultation, you can ensure that your claim is being taken seriously from the very beginning. You should not have to worry about upfront costs and fees associated with a claim as you are working on your recovery.
