Orange County Motorcycle Accident Attorney
Motorcyclists make up only a small share of vehicles on the road, yet the National Highway Traffic Safety Administration (NHTSA) reports they are nearly 28 times more likely than passenger car occupants to be killed in a crash per vehicle mile traveled. Skilled Orange County motorcycle accident lawyers understand that when a driver fails to notice a motorcycle, the rider often suffers the most devastating consequences.
If you have been injured in a crash, you may be facing serious injuries, significant medical bills, and a bias that unfairly assumes you were at fault simply because you ride. California law protects your right to the road, and you do not have to accept that assumption.
The attorneys at Bentley & More LLP have the experience, resources, and dedication to pursue the compensation you may be entitled to. Call our team today at (949) 870-3800 for a free consultation.
How Do Our Motorcycle Accident Attorneys Build Strong Cases?
After a serious motorcycle crash, you are pitted against a well-funded insurance company that will often resort to stereotypes to deny or diminish your claim. They may try to portray you as a reckless thrill-seeker, regardless of the facts.
Our mission at Bentley & More LLP is to shatter that false narrative with powerful, undeniable evidence. We are trial lawyers who stand with injured riders, providing the aggressive and knowledgeable advocacy needed to level the playing field.
From the moment you hire an Orange County motorcycle accident attorney at Bentley & More LLP, we launch a prompt and thorough investigation. Because evidence can disappear quickly, we move immediately to secure and preserve it.
We document the crash scene, analyze vehicle damage, obtain police reports and 911 call logs, and secure any available traffic camera or surveillance footage from intersections in Irvine or businesses along the Pacific Coast Highway. We identify and interview eyewitnesses while their memories are clear to lock in testimony about the other driver’s negligence.
We frequently collaborate with leading accident reconstruction experts to scientifically prove how the collision occurred. These specialists can analyze skid marks, vehicle resting positions, and impact forces to create a clear, data-driven account of the other driver’s fault. This expert analysis is invaluable in combating the insurance company’s biased arguments.
Common Causes of Motorcycle Accidents in Orange County
Although motorcyclists are often unfairly blamed for collisions, the truth is that many crashes happen because other drivers fail to notice motorcycles or respect their right to the road. The Orange County motorcycle accident lawyers at our firm have seen time and again how the carelessness of car and truck drivers leads to life‑changing injuries.
One frequent cause is unsafe left-hand turns. At busy intersections in cities like Anaheim and Santa Ana, a driver making a left turn may fail to see an oncoming motorcycle or misjudge its speed, turning directly into its path.
Another common cause is negligent lane changes. On freeways such as the I‑5 or the 405, drivers often switch lanes without checking blind spots or signaling. Because motorcycles are smaller and less visible, riders are often sideswiped in these situations.
Following too closely is also a major hazard. Many drivers do not leave enough space behind a motorcycle, which means they have little time to react if the rider slows or stops suddenly.
In urban areas or along busy streets, opening car doors into traffic is another danger. A driver or passenger may swing a door open directly into a motorcyclist’s path, leaving no time or room to avoid impact.
Finally, driving under the influence creates a serious risk. Impaired drivers have reduced awareness and slower reaction times, which makes spotting and avoiding motorcycles even harder.
Understanding what type of negligence caused your crash is a key step in building a strong case and holding the at‑fault driver accountable.
Proving the Other Driver’s Fault in a Motorcycle Crash
If you were injured in a motorcycle crash in California, proving the other driver’s fault is a key part of your claim. To recover compensation, your lawyer needs to show that the other driver acted negligently.
Under California law, negligence means failing to use reasonable care to avoid harming others. To establish negligence, four elements must be proven:
- Duty: The other driver had a legal duty to operate their vehicle with reasonable care.
- Breach: The driver failed to meet that duty by acting carelessly, such as making an unsafe lane change or running a red light.
- Causation: That careless action directly caused the motorcycle crash and your injuries.
- Damages: You experienced real losses, such as medical expenses, lost income, and pain and suffering, because of the collision.
Showing a Breach of Duty
One of the strongest ways to prove the other driver’s fault in a motorcycle crash is by showing that they broke a traffic law. For example, California Vehicle Code § 21801 requires a driver turning left to yield to oncoming traffic that is close enough to pose a danger. Violating this rule can serve as strong evidence of negligence and can play a major role in building your case.
Overcoming Unfair Stereotypes About Motorcyclists
One of the hardest obstacles an injured rider faces is the unfair belief that motorcyclists are naturally reckless. Insurance adjusters and defense attorneys often use this bias to shift blame and avoid paying a fair settlement. They may try to claim that you were speeding, weaving through traffic, or otherwise caused the motorcycle crash, even when there is no evidence to support those claims.
The Orange County motorcycle accident lawyers at Bentley & More LLP counter these accusations with solid facts. We use testimony from accident reconstruction experts, statements from witnesses, and your driving record to show that you are a careful rider who happened to be in the wrong place at the wrong time. By addressing these arguments early, we prevent the defense from building its case on false assumptions.
Understanding Lane Splitting and Your Legal Rights
California is unique in that it is the only state that formally allows lane splitting. Under California Vehicle Code section 21658.1, lane splitting is defined as riding a motorcycle between rows of stopped or moving vehicles in the same lane. Although it is legal, it must be done in a way that is safe and reasonable for the traffic conditions at that time.
Insurance companies frequently argue that simply lane splitting makes a rider automatically responsible for a collision. California law does not support that argument.
Our team demonstrates that your lane splitting was done in a safe and reasonable manner and that the other driver’s negligent actions were the true cause of the motorcycle crash.
Serious and Life Changing Injuries From Motorcycle Wrecks
Riding a motorcycle offers a sense of freedom, but it also leaves the rider exposed on the road. Without the protection that cars and trucks provide, injuries from a motorcycle crash can be severe and may require years of medical treatment and ongoing care.
- Traumatic Brain Injuries (TBI): Even with a helmet, a collision can cause a concussion or a more serious TBI. These injuries can lead to permanent problems with memory, movement, and emotional health.
- Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis, such as paraplegia or quadriplegia. The cost of medical care for these injuries often reaches millions of dollars.
- Road Rash: This is far more serious than a simple scrape. A severe abrasion can strip away several layers of skin, leaving permanent scars, disfigurement, and a high risk of infection. Multiple surgeries and skin grafts are often needed.
- Broken Bones and Fractures: Riders frequently suffer multiple fractures to the legs, arms, ribs, or wrists. These injuries often require surgery with plates, screws, or rods to repair the damage.
- Internal Injuries: A strong impact can harm internal organs, leading to internal bleeding and other life threatening conditions.
Our Orange County motorcycle accident lawyers work closely with your doctors and medical specialists to fully understand the scope of your motorcycle injuries and the future treatment you may need. This careful preparation allows us to pursue the compensation that reflects the full impact of the crash on your life.
Calculating Full Compensation for Your Motorcycle Accident Claim
A successful motorcycle accident claim must account for every single loss you have suffered. We meticulously document the full extent of your damages to make sure any settlement or verdict provides for your current and future needs.
Economic Damages That Cover Your Financial Losses
These are the calculable financial costs of the accident. They are proven with documents like bills, receipts, and employment records.
- Past And Future Medical Expenses: This is compensation for all medical care, from the ambulance ride and emergency room visit to future surgeries, physical therapy, and in-home care.
- Lost Wages And Earning Capacity: We seek recovery for the income you lost while unable to work, as well as the loss of your ability to earn a living in the future if your injuries are permanent.
- Motorcycle Repair Or Replacement: This covers the cost to repair your damaged motorcycle or, if it was declared a total loss, its fair market value.
- Other Out-of-Pocket Costs: This can include the cost of medical equipment, modifications to your home or vehicle, and other related expenses.
Together, these economic damages create a clear picture of the financial toll the crash has taken, forming a foundation for the compensation you are entitled to pursue.
Non‑Economic Damages That Reflect the Human Impact
These damages are intended to compensate you for the profound, personal losses that do not have a specific price tag.
- Pain And Suffering: This is compensation for the physical pain, mental anguish, and emotional distress you have endured because of the crash and your injuries.
- Scarring And Disfigurement: We seek compensation for the permanent physical reminders of the accident, which can have a significant impact on a person’s self-esteem.
- Loss Of Enjoyment Of Life: This acknowledges how the injuries have impacted your ability to engage in hobbies, recreational activities, and other parts of life that bring you joy.
Taken together, these non‑economic damages recognize the human impact of a motorcycle crash, beyond the financial costs, and help tell the full story of how your injuries have affected you.
California Motorcycle Laws That Can Affect Your Case
Navigating a claim requires a detailed understanding of the state laws that apply specifically to motorcyclists. Insurance companies may try to misapply these laws to unfairly shift blame.
The California Helmet Law and Comparative Negligence
California Vehicle Code § 27803 mandates that all motorcycle drivers and passengers wear a U.S. DOT-compliant safety helmet. If you were not wearing a helmet, the insurance company will argue that you were responsible for your own head injury.
While this can complicate a case, it does not automatically bar you from recovery. Under California’s comparative negligence rule, a jury would be asked to determine what percentage of your injuries were caused by the lack of a helmet, and your damages would be reduced by that amount.
The Statute of Limitations and Your Filing Deadline
California law provides a strict deadline for filing a personal injury lawsuit. This is known as the statute of limitations. Under California Code of Civil Procedure § 335.1, you generally have two years from the date of the motorcycle accident to file your claim in court.
If you miss this deadline, you permanently lose your right to seek compensation, so it is important to contact a personal injury lawyer well in advance.
Contact Our Orange County Motorcycle Accident Lawyers Today
Orange County Motorcycle Accident Attorney, Greg Bentley
Your love for riding should never be used against you by an insurance company. You have the same right to use the road as any other driver, and when another person’s negligence takes that away, you have the right to seek justice. Filing a claim is about getting the support you need to recover and rebuild, and it is also about holding negligent drivers accountable for the harm they cause.
Let our knowledge and experience work for you. The first step is learning about your options. Contact the dedicated legal team at Bentley & More LLP for a free, no‑obligation consultation and find out how our Orange County motorcycle accident lawyers can stand by your side. Call us today at (949) 870‑3800.
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