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BEST Carlsbad Motorcycle Accident Lawyer Near You
Research shows motorcycle riders are more likely to be involved in an accident, sustaining serious, life-threatening injuries or death. Motorcycle accidents are often tragic because of the lack of protections available to the motorcycle.
Contrary to popular opinion, motorcycle accidents are not often caused by the motorcyclist. In many of the accidents, it is the negligent driver of another vehicle who was negligent in their actions and caused the collision. Contact our Carlsbad personal injury attorney for a Free Consultation.
Motorcycle Accident Statistics
National motorcycle accident statistics:
- According to the NHTSA in 2018, 4,985 motorcyclists perished in crashes.
- The national rate of motorcycle deaths is 28 times higher than crashes involving motor vehicles.
- According to the National Highway Transportation Safety Administration (NHTSA) 20 percent of car crashes result in injury or death, but 80 percent of motorcycle crashes result in deaths.
California motorcycle accident statistics:
- California ranks in the top 15 of the 50 states in motorcycle fatalities.
- As of 2019 there were 808,377 motorcycles registered in California.
- Most crashes involving motorcycles are single-vehicle crashes.
California Motorcyclist Safety Laws
California could easily be considered a motorcycle friendly state. The State has numerous laws protecting motorcyclists. Among the laws are helmet and safety equipment laws, lane splitting and lane sharing and passenger carrying laws. Helmets are mandatory for drivers and their passengers. Lane splitting is legal in California and motorists are prohibited from blocking motorcycles from lane splitting.
The State’s friendliness toward motorcycles has led to increased popularity of motorcycles. With that and the heavy traffic in urban areas of California, motorcycle accidents are common. Increased traffic is not the only cause of motorcycle accidents.
Some of the most common reasons for motorcycle accidents include:
- Tailgating
- Defective roads
- Not sharing the road according to the law in place
- Unsafe lane changes
- Uneven roads
- Construction
- Speeding
- Vehicles turning left in front of motorcycles
- Rear-end collisions
- DUI/DWI
- Driving while distracted
- Collision with a stationary object light a curb, sign or lamppost
- Vehicles merging into a motorcyclist’s lane
- Loose gravel
- Parts malfunction
Injuries Caused By Motorcycle Accidents in Carlsbad, CA
Due to the lack of protection, like the one offered in cars and other vehicles, motorcycle accidents almost always involved injuries. Fatal motorcycle accidents are also common. When a motorcyclist is involved in an accident, typically the rider and/or passenger is ejected. The injuries sustained in such an accident are usually very severe and may also result in death. Should the rider and/or passenger survive the motorcycle accident, the recovery process usually takes several months, years or the injuries may mean living with a permanent disability.
Some of the most common motorcycle accident injuries include:
- Traumatic brain injuries
- Concussions
- Road rash
- Spinal cord injuries
- Paralysis – paraplegia, quadriplegia, hemiplegia, monoplegia
- Broken bones
- Internal organ damage
- Amputations
- Lacerations
- Scarring
- Soft tissue injuries
- Fractures
Motorcycle Accident Liability
In California, the statute of limitations for motorcycle lawsuits is two year of an accident. This means that if you or a loved one was injured in a motorcycle accident, you have two years from the date of the accident to file a claim. If the accident happens to involve a government vehicle, then the time limit in which to file becomes six months. If the statutory deadlines are not met, the lawsuit may not proceed.
Each Carlsbad motorcycle accident case is different, as are the injuries involved and how the accident affects the rider and/or passenger.
Cases can either be settled by negotiations with the insurance company or, if that is not successful, they go to trial. While settlements often resolve within 90 to 120 days, trials may take up to or longer than a year.
One of the main obstacles in negotiating a settlement in a Carlsbad motorcycle accident is how insurance companies view motorcyclists. They tend to regard them as negligent, reckless and as having no regard for their own personal safety. Some insurance companies argue, no matter the facts, that the motorcyclist is at fault. When this happens the insurance company will not want to place much value on motorcyclists’ injuries and damages.
Let Our Firm Handle Your Motorcycle Accident Case
Negotiating with an insurance company on your own is a challenging task. Insurance companies are skilled in negotiating and only care about their bottom line. Do not face them alone. With a help of a Carlsbad motorcycle attorney, you can rest easy knowing that you attorney will fight for the compensation you deserve.
Who is Liable in a Carlsbad Motorcycle Accident?
Motorcycle drivers are not the only individuals who may seek financial compensation for their injuries. Passengers may also seek financial compensation for their injuries from the motorcycle driver’s insurance company, or the other driver’s insurance company. What insurance company pays outs often depends on who was at-fault for the crash. If both drivers were partially at fault, you may be able to collect compensation from both of their insurance companies.
After a motorcycle accident, it may not be clear who is at-fault. Under the negligence laws in California a negligent party is deemed liable for any injuries caused to another.
In a car-motorcycle accident, a negligent driver could be liable to the injured motorcycle rider for any injuries. To recover damages after an accident, the driver must be shown to have been negligent. The elements to prove negligence must include:
- That the driver owed the motorcyclist a duty of care
- That the driver breached that care as a result of negligence
- That the driver’s negligence was a significant factor in causing the death or injuries of the rider
Filing a Personal Injury Claim
Generally, anyone who operates a vehicle, including a motorcycle, in California, owes a duty of care to other cyclists, drivers, pedestrians and motorcyclists. If a driver that caused the accident was not acting as a reasonably cautious person would act and caused a crash, the driver may be held responsible for any injuries and/or a death.
If you are filing a personal injury claim against a government entity, then you need to prove several elements. Those elements are:
- That the driver owed the motorcyclist a duty of care
- That the property was in a dangerous condition when the accident happened
- That the dangerous condition created a reasonably foreseeable risk of the type/kind of injury that happened
- That the city, county or state had been notified of a dangerous condition in time to have remedied it That the motorcyclist was harmed
- That the dangerous condition was a significant factor in causing harm to the plaintiff motorcyclist
Recent Carlsbad Motorcycle Accident Settlement Examples
Without the protection of a car frame, a motorcycle accident can be a terrifying and life-altering experience, leaving you far more vulnerable to serious injuries. At Levinson Law Group, we are committed to helping you get the compensation you deserve. We’ve recently achieved significant settlements for clients injured in motorcycle crashes throughout California. These successful outcomes demonstrate our dedication to securing justice for those who have suffered severe injuries in motorcycle accidents across Carlsbad and surrounding areas.
$2,750,000 Motorcycle Accident Settlement in San Diego, California
In January 2024, we represented a client in San Diego who was rear-ended by a car while riding their motorcycle. The collision caused injuries to their lower back, knees, and elbows. Despite an initial settlement offer of just over $15,000, our motorcycle accident lawyers at Levinson Law Group fought persistently on their behalf. Through our dedicated efforts, we secured a $2,750,000 settlement, ensuring our client received the compensation they deserved for their injuries.
Contact the Carlsbad, California Motorcycle Accident Lawyers at the Levinson Law Group
At The Levinson Law Group, you will find skilled lawyers with years of experience in litigating motorcycle accident cases. We will fight to get you the compensation you deserve for all your losses, including property damage, future medical care, rehabilitation and more. With The Levinson Law Group, you will have a motorcycle accident lawyer who is not afraid to stand up to negligent drivers and their insurance companies. Our team will investigate your claim and consult experts to establish liability. If a settlement is not possible, we will fight your case in the courtroom.
