If you were injured in a motorcycle accident in Oceanside, CA, you could have a case to hold the at-fault party liable for your lost wages, pain, and suffering, and more. The Oceanside motorcycle personal injury lawyers with Petrov Law Firm can help you collect the compensation you deserve. Give us a call at (760) 813-3313.
Our personal injury lawyers have two decades of combined experience practicing law, and we’ve obtained $40 million on behalf of our clients since our law firm’s inception. Let us put that track record and experience to work for you today.
For more information, contact us to schedule a free consultation with one of our reputable personal injury attorneys. We’re available 24/7 to take your call.
How Petrov Law Firm Can Help After a Motorcycle Accident in Oceanside
Motorcycle crashes tend to cause serious harm to the rider, considering the relative lack of protection that motorcycles provide when compared with most other vehicles on the road. You might be dealing with significant medical expenses and property damage, not to mention pain and suffering that could be keeping you out of work.
The last thing you should have to worry about is how you’ll be compensated by the party that caused the accident. When you hire Petrov Law Firm to take on your case, our Oceanside personal injury lawyers will fight for the compensation you need to be made whole again while you focus on your recovery. Some of the ways our legal team can help include the following:
- Conducting an internal investigation into your case to collect evidence, identify the responsible parties, and determine the full extent of your damages
- Handling all paperwork, communication, and negotiation with the other side on your behalf
- Hiring experts, such as accident reconstructionists, to analyze and strengthen your claim
- Arguing your case in front of a San Diego County jury at trial if need be
To learn more about how we can assist you in Oceanside, California, reach out to our law office today. Your initial consultation is free, and there’s no obligation.
Motorcycle Accident Statistics in California
The University of California, Berkeley’s Safe Transportation and Research Center (SafeTREC) publishes an annual fact sheet regarding motorcycle safety in California and across the country.
The 2022 fact sheet states that there were 539 motorcycle accident fatalities in the state in 2020, which is up nearly 10% compared to 2019. Nationally, there were 5,579 motorcyclist fatalities in 2020, up more than 10% relative to the previous year.
Unfortunately, SafeTREC data indicate that San Diego county had the third most motorcycle rider fatalities in 2020, only behind Los Angeles and Riverside counties.
What Is My Oceanside Motorcycle Accident Case Worth?
The value of each motorcycle accident case in Oceanside is unique based on the facts and circumstances surrounding the incident and the parties involved. That said, there are factors that generally influence how much most motorcycle accident cases are worth. These factors include:
- The severity and type of injuries you’ve sustained
- Whether you will make a full recovery from your injuries
- The terms and conditions of any relevant insurance policies
- How much evidence is available to prove your claim
In broad terms, cases involving especially serious injuries that severely impact the victim’s current and future day-to-day life are worth the most.
What Kinds of Damages Are Available to Motorcycle Accident Victims in Oceanside?
California law allows victims of motorcycle accidents to seek economic and non-economic damages. Punitive damages may also be available in rare cases.
Economic damages represent your financial losses:
- Lost wages
- Decreased earning capacity
- Medical bills
- Repair costs
- Out-of-pocket expenses
Non-economic damages represent your other types of losses:
- Pain and suffering
- Emotional distress
- Loss of consortium
Punitive damages could be available in rare motorcycle accident cases where the defendant acted egregiously. These damages are meant to “punish” the at-fault party for their actions.
When you hire Petrov Law Firm, we’ll work to explore every possible avenue of compensation for your claim. Contact our personal injury attorneys today for legal advice.
Can I Recover Damages Even If I’m Being Blamed After a Motorcycle Accident in California?
Yes, you can. California has adopted a pure comparative negligence framework. Under this framework, you can still receive compensation if you’re partly at fault for the accident. However, your compensation award could be reduced according to your percentage of fault.
For example, a jury awards you $100,000 but finds that you were 25% at fault for the accident. In that circumstance, your financial award could be reduced to $75,000, or the full amount less your percentage of fault once converted to a monetary value.
Comparative fault is oftentimes a core issue in personal injury cases because it can reduce the at-fault party’s financial liability so significantly. That’s one reason why you’ll want to have a strong Oceanside motorcycle accident lawyer in your corner, as an attorney can help you fight back against unfair accusations of blame.
Common Motorcycle Accident Injuries
Motorcycle accidents routinely result in significant injuries, usually to the rider. Some of the more common injuries include, but are not limited to:
- Broken bones
- Road rash
- Traumatic brain injuries
- Spinal cord injuries
- Collapsed lungs
- Crushing injuries
- Internal bleeding
- Wrongful death
We’ll work to recover compensation for each of your motorcycle accident injuries when you hire our personal injury law firm to represent you.
What Causes Most Motorcycle Accidents in California?
According to SafeTREC, the top five causes of motorcycle accidents in California in 2020 were:
- Unsafe speed
- Improper turning
- Automobile right of way
- Driving or bicycling under the influence of alcohol or drugs
- Traffic signals and signs
While most motorcycle accidents aren’t the rider’s fault, some can be. Motorcycles take a higher skill level to operate safely than other types of motor vehicles, such as cars, and they also require the rider to be hypervigilant at all times. Nonetheless, sometimes there is simply nothing the rider could have done.
What To Do After a San Diego County Motorcycle Accident
The aftermath of a motorcycle accident can be overwhelming, and it can also influence the value of your claim down the line. Some things to keep in mind regarding what to do and not do after an accident include:
- If it is safe to do so, collect any evidence that documents your damages. Pictures and videos of the accident scene showing the harm you’ve suffered, for example.
- Do not flee the accident scene, as doing so could hurt your compensation case.
- Do not make statements of blame or apologize, as those types of statements could also hurt your claim.
- Receive medical attention even if you aren’t obviously hurt, and alert the proper authorities. Dialing 911 will generally suffice for the latter. Medical evidence will be critical to proving your case; not all injuries present themselves immediately.
You may also contact an Oceanside motorcycle accident attorney after a crash, as a lawyer can provide you with advice on how to proceed in real-time.
How Is Negligence Proven After a Motorcycle Accident in Oceanside, California?
Negligence, which means something similar to “carelessness,” is the basis for most Oceanside motorcycle accident cases. The injured victim has the burden of proof to establish four legal elements by a preponderance of the evidence in order to win a negligence claim. These elements are:
- Duty of Care. Did the other party owe you a duty of care, given the circumstances? Drivers on the road have a duty to others in terms of obeying the rules of the road, for example.
- Breach of Duty. Has the defendant violated that duty of care? Running a red light is an example where this element is likely met.
- Causation. Did the other party cause the accident? There are two types of causation to prove in this context, factual and proximate.
- Damages. Have you suffered harm due to the defendant’s actions?
Not all of these elements will be an issue in every motorcycle accident case; generally, it is just one or two that are contentious. With over 20 years of combined experience, our attorneys are experts when it comes to proving negligence cases.
How Long Do I Have to File a Lawsuit After a Motorcycle Accident in California?
California has a statute of limitations, which is a law that establishes deadlines for when lawsuits must be filed. You’ll lose your right to pursue compensation if you file your lawsuit too late.
For most motorcycle accident cases, you will have two years from the date of the accident to file your lawsuit. However, in some instances, you’ll have more time, such as if the person you intend to sue flees California. You might have less time in others, such as if your lawsuit is against a governmental entity.
Feel free to reach out to us if you have any questions about how the statute of limitations applies to your case.
Schedule a Free Case Evaluation With an Oceanside Motorcycle Accident Attorney
If you or a loved one has suffered an injury in a motorcycle accident in Oceanside, you deserve to be compensated by the person or persons responsible. Petrov Law Firm can help you every step of the way.
Our Oceanside motorcycle accident attorneys are some of the most well-regarded in San Diego County, and we’re confident that we can obtain a favorable outcome for your case.
If you’re ready to begin forming an attorney-client relationship or would like more information about how we can help you, call us or send us a message online.