Newport Beach Motorcycle Accident Lawyer
Few things are more satisfying than riding a motorcycle on a Newport Beach roadway or highway, such as California State Route 1—or State Route 55—on a pleasant day. The thrill of riding is exhilarating for operators and passengers alike. However, motorcycle operation is also fraught with many dangers. Unlike cars and trucks, motorcycles offer their riders minimal protection. Even when a motorcyclist wears a helmet and other protective safety gear, they may still suffer severe injuries in an accident.
Many motorcycle crashes result from the negligence of other drivers. Crashes may also happen when municipalities, including cities and counties, fail to maintain their roadways in a reasonably safe condition for the benefit of motorcyclists.
If you or someone you care about suffered injuries in a recent motorcycle accident, you should have knowledgeable legal representation in your corner as quickly as possible. The experienced Newport Beach motorcycle accident lawyers at Bentley & More LLP can meet with you to discuss your motorcycle crash and determine your eligibility for moving forward with a personal injury claim or lawsuit.
Our legal team has recovered millions of dollars in settlements and verdicts on behalf of our clients. Let us help you pursue and recover the monetary damages you need for your motorcycle accident injuries today. For a free case evaluation and legal consultation with a Newport Beach motorcycle accident attorney, please call us or contact us online to learn more.
We also know that not every injury firm has the resources to handle complex motorcycle accident cases. If your law firm has a matter that is too complex or involves catastrophic injuries, we are ready to take case referrals and protect your client’s rights.
How Do Motorcycle Accidents Happen?
Motorcycle accidents frequently occur when other people drive negligently and carelessly. Some of the most common causes of motorcycle wrecks include failing to yield the right-of-way, speeding, fatigued driving, road rage, distracted driving, and intoxicated driving.
Drivers in a hurry or who fail to observe the road may also fail to yield the right-of-way to a motorcyclist at the appropriate time. For example, the driver might run a yield sign, stop sign, or red traffic light, proceeding into an intersection and causing a collision with a motorcyclist.
Motorcycle crashes also happen when other drivers exceed the speed limit. A driver who speeds is far less likely to have the ability to control their vehicle. This is especially true when a driver speeds in inclement weather or takes a sharp turn too fast. In either of these situations, a driver may inadvertently cause their vehicle to hit a nearby motorcyclist, dislodging the cyclist from their bike and causing them to suffer serious injuries.
Next, some motorcycle crashes occur when people drive while fatigued. When people drive after failing to sleep enough, they may experience disorientation, limited concentration, or confusion. They may also fall asleep at the wheel, causing their vehicle to go out of control and strike a nearby motorcyclist. Commercial truck drivers are especially susceptible to fatigued driving since the companies that employ these drivers often encourage long hours on the road.
Moreover, some motorcycle collisions result from road rage. A driver exhibits road rage when they react inappropriately to an adverse situation that arises on the road. Sometimes, these situations are real, while they are entirely imaginary at other times.
An enraged driver, for example, might become upset when a cyclist operates their vehicle too slowly. As a result, the furious driver may resort to horn-honking or tailgating to get the cyclist to move faster or switch lanes. The upset driver might also engage in aggressive driving maneuvers, including passing a cyclist in a no-passing zone or failing to use a turn signal. As a result, the driver may negligently cause an accident with the motorcyclist.
Tailgating can also lead to a motorcycle accident when the rear driver fails to leave enough stopping distance between their own vehicle and the motorcycle in front of them.
In addition to tailgating, distracted driving is another common cause of motorcycle accidents. Drivers usually become distracted by electronic devices and GPS navigation systems. When a driver fails to focus on the road, even for a moment or two, they may not see a smaller motorcycle approaching in the vicinity. As a result, the driver may inadvertently accelerate and hit the nearby motorcycle.
Finally, some motorcycle crashes occur when people drive while under the influence of drugs or alcohol (DUI). While passenger vehicle drivers are legally intoxicated with a blood alcohol concentration of 0.08 percent or more, drivers under 21 and commercial drivers holding CDLs must follow more stringent standards.
Alcohol intoxication is particularly dangerous because it may cause a driver to become dizzy and disoriented while on the road. An intoxicated driver may also experience delayed reaction time and impaired reflexes, which may prevent them from stopping their vehicle in time to avoid hitting a nearby motorcyclist.
While many Newport Beach motorcycle accidents result from negligent driving, other accidents happen when municipalities, including California cities and counties, fail to maintain their roads properly. Since motorcyclists do not have the benefit of an outer shell or protective covering surrounding them, they experience direct exposure to the ground. Therefore, if their motorcycle hits a deep pothole or large crack at high speed, they may fall off their motorcycle onto the ground, suffering severe injuries as a result.
If an accident victim can demonstrate that the municipality was aware of the defective condition yet failed to remedy it within a reasonable period of time, they can pursue legal action against the municipality. However, short notice provisions apply in cases against municipalities. Therefore, you should speak with knowledgeable Newport Beach motorcycle accident attorneys at Bentley & More LLP immediately after your accident.
Our legal team can help you identify all potential defendants in your case and help you pursue the monetary damages you deserve through a personal injury claim or lawsuit.
Personal Injuries in a Motorcycle Accident
Given their direct exposure to the ground and the surrounding environment, motorcyclists are at a significant disadvantage in a crash scenario. If the force of a collision knocks a motorcyclist off their bike and onto the ground, the cyclist is sure to suffer severe injuries.
Every motorcycle accident case is different, and not all motorcyclists will suffer the same injuries, damages, and losses.
However, some of the most common injuries that motorcyclists suffer include:
- Road rash
- Face and jaw injuries
- Soft tissue tears
- Rib fractures
- Broken bones
- Internal bleeding
- Traumatic head and brain injuries
- Paralysis injuries
- Spinal cord damage
As soon as possible after a motorcycle crash, a cyclist must follow up at a hospital emergency room for medical treatment. This is true even if the cyclist is unsure whether they suffered an injury in the accident. Symptoms of many injuries, including soft tissue tears and concussions, do not always appear right away.
In fact, it may take several days for an accident victim’s symptoms to become fully apparent. Therefore, your best option is to seek medical intervention immediately so that a healthcare provider can order the necessary studies to accurately diagnose your medical condition following a motorcycle crash.
While you concentrate your full attention on recovering from your motorcycle accident injuries, the skilled Newport Beach motorcycle accident attorneys at Bentley & More LLP can start advocating for your legal interests. We can begin to gather your medical treatment records and bills to date, along with a copy of the police report, witness statements, injury photographs, and property damage photographs.
After you finish your medical treatment, we can file a claim with the responsible driver’s insurance company and begin settlement negotiations for you.
You can rest assured that throughout your motorcycle accident claim or lawsuit, we will inform you of any updates, including settlement offers, promptly. We can also help you decide whether you should accept or reject a settlement offer and litigate your case through the California Court System.
Proving a Motorcycle Accident Claim or Lawsuit
To be successful and recover monetary damages in a California motorcycle accident claim or lawsuit, the accident victim must fully satisfy their legal burden of proof. If they can do so, they can recover various monetary damages for their injuries and losses.
First, the motorcycle accident victim must demonstrate that someone else violated their legal duty of care. For example, another driver may have violated one or more traffic laws, or a municipality may have failed to repair a roadway defect within a reasonable timeframe.
Next, the crash victim must show that this deviation from the standard of care was both the actual and foreseeable cause of their motorcycle accident. Finally, the victim must demonstrate that they suffered at least one physical injury due to their accident.
To satisfy these legal elements, motorcycle accident victims may need to retain various experts. First, they can call upon an accident reconstructionist to visit the crash scene, speak with witnesses, review police reports, and draft their own report about how the accident happened. If the case goes to trial, an accident reconstructionist can testify on the witness stand about the likely cause of the motorcycle crash.
Moreover, a medical expert may need to draft a report detailing the motorcycle accident victim’s injuries and causally relating those injuries to the crash. A medical expert, such as a treating doctor, can also testify that a particular injury is permanent or unlikely to get better over time.
The experienced Newport Beach motorcycle accident attorneys at Bentley & More LLP can help you satisfy the legal elements of your claim, putting you in the best position to maximize your total monetary recovery.
Speak to a Newport Beach Motorcycle Accident Attorney About Your Legal Matter Today
If you or someone you care about recently sustained injuries in a Newport Beach motorcycle crash, you should take legal action sooner rather than later. Prompt legal action is necessary because motorcycle accident victims only have two years from their accident date to file a claim or a lawsuit that seeks monetary recovery for their losses. Reach out to a Newport Beach personal injury lawyer.
Absent exceptional circumstances, including a person’s disability or minority, this two-year statutory deadline is highly unforgiving. Therefore, if you do not file your motorcycle accident lawsuit within two years, the California courts will prevent you from recovering monetary damages at any point in the future.
The skilled legal team at Bentley & More LLP can file a personal injury claim or lawsuit on your behalf as quickly as possible. We can then assist you during every stage of the negotiation and litigation process in your case. If your case must go to a civil jury trial or binding arbitration hearing, we will represent you aggressively and help you obtain the best possible monetary result in your case.
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Bentley & More LLP – Newport Beach Office
4931 Birch Street
Newport Beach, CA 92660
Phone: (949) 617-0938