Motorcycle Lawyer

  motorcycle deaths represent 17% of all road fatalities and the state’s total number of 

motorcycles fatalities is second only to Florida

 After a motorcycle accident, you have two options for securing compensation for your injuries and other losses: a personal injury claim or a personal injury lawsuit. It’s important for you to understand the difference between the two.

is the failure to act with the level of care that a reasonable person would have used under the same or similar circumstances. In California, there are five elements of a standard negligence claim

aliDamages: The injured biker must show that the motorcycle accident caused him or her to suffer legally recognized harm, typically in the form of bodily injury, financial losses, or damage to his or her motorcycle and other property.

to personal injury cases, including motorcycle accident lawsuits. Under this theory, if there is evidence that the plaintiff was also substantially at fault for the accident, the amount of money he or she ultimately receives will be reduced by the percentage of his or her responsibility.

Costs of Past and Future Medical Treatment. If you succeed in your lawsuit and the other party or parties were totally at fault, you can expect to receive full compensation for the costs of any past and future medical treatment needed as a result of the injuries you sustained in the accident. This includes costs for time spent in an emergency room or care facility, copayments for visits to your doctor or other treatment facilities, costs of prescription drugs and other medical supplies, and the cost of any ongoing physical therapy or long-term care.

Compensation for Pain and Suffering. If the injuries you sustained in your motorcycle accident were severe and lead you to experience extreme pain and emotional suffering, you may be entitled to compensation. Your lawyer can help you determine whether it’s appropriate to pursue compensation for this type of damage as part of your lawsuit.

Lost Wages. Many motorcycle accident victims are forced to take time away from their jobs to recover from the serious injuries they suffer in accidents. Unfortunately, some are left unable to work for extended periods of time or become permanently disabled. If you lose wages or have your ability to work is impacted as a result of a motorcycle accident, you deserve to be compensated for your financial loss.

Damage to Property. If your motorcycle or property you were riding with at the time of the accident was damaged, you may receive compensation for the fair market value of your bike and other property at the time of the motorcycle accident.

Case Result

A young Naval officer, was riding his motorcycle on Highway101 in San Jose when a driver changing lanes swerved into him and caused him to crash. Although both drivers were going less than 25 mph due to rush hour traffic, the young rider still took some serious bodily harm, including head trauma that has left him with permanent memory trouble.

Due to his injuries, responsibilities at his job have had to be adjusted. Thankfully, the Navy has been incredibly accommodating to his needs. Even so, he will, unfortunately, feel the effects of this accident forever.

The at-fault driver only carried insurance with a $100,000 policy limit, but GJEL did succeed in recovering this full amount.

The Motorcycle injury attorneys at GJEL are standing by ready to help in your time of need.

Top Causes Of Motorcycle Accidents In California

According to the California Office of Traffic Safety, motorcycle fatalities increased to 548 in 2016 from 494 in 2015—an increase of over 10%. There were also over 13,000 injury collisions involving motorcycles in 2015.

Although riding a motorcycle is a popular hobby thanks to the state’s scenery and weather, accident statistics like these should give all bikers pause.

Below, we summarize some of the top causes of motorcycle accidents. Often, motorcyclists themselves are at fault for accidents, but most accidents are caused by other motorists on the road.

Intoxication

Alcohol plays a large role in many collisions. According to California’s Internet Statewide Integrated Traffic Records System (SWITRS) data, alcohol or drugs were the primary factor in around 7% of all collisions where the motorcyclist was at fault for the crash. Drugs and alcohol might have also been a contributing factor in many more accidents.

These statistics do not include accidents where another motorist is responsible for the collision. In those cases, impaired motorists can collide with motorcyclists for a variety of reasons:

The impaired driver cannot see the biker, especially at night.

The impaired motorist cannot judge distances properly and might try to execute a left-hand turn directly in front of the motorcycle.

An impaired motorist has slowed reflexes, which prevents them from braking or swerving in time to avoid an accident.

The impaired motorist engages in reckless behavior.

It is not possible to completely protect against impaired drivers. Nevertheless, you can take a motorcycle safety skills course that will sharpen your ability to take defensive action if you see a vehicle drifting into your lane.

Unsafe Speed

By far the largest cause of motorcycle accidents is driving too fast for conditions. According to California data, this was the primary collision factor in almost half of all accidents that were the fault of the motorcyclist.

Driving too fast can cause accidents in a variety of ways. For example, the motorcyclist will have less time to stop or slow down when traveling too fast. It is very easy to suddenly come upon something in the road, like a stranded motorist, and not have sufficient time to act.

Traveling fast can also make a biker lose control of the bike. The chances of hydroplaning or skidding out increases dramatically depending on how fast the bike is traveling.

Other motorists can also collide with motorcyclists when they are traveling too fast for the same reasons as those listed above.

Improper Turn

A large number of accidents are also caused by improper turning. Though motorcyclists can sometimes make an improper turn and cause a crash, it is far more likely that another motorist makes a turn that causes an accident.

In fact, cars making left-hand turns cause around 42% of all fatal accidents with motorcycles. These accidents often occur at intersections, where a motorist is waiting patiently to make a turn. Often, motorists, unfortunately, do not even see motorcycles coming toward them.

Sometimes, the motorcycle is hidden behind a car, and the driver assumes that there is no traffic behind the vehicle passing through the intersection. As a result, they quickly execute a left-hand turn—and smash directly into a motorcyclist moving through the intersection.

In other situations, a motorist waiting to make a left-hand turn might see an approaching motorcycle but believe the bike is traveling much slower than it is. Other motorists simply lack respect for bikers and think the biker should stop for them when they make a left-hand turn.

Whatever the reason, improper turns are a serious factor in many accidents. To protect yourself, motorcyclists should always exercise extreme caution when approaching an intersection. It is also helpful to ride closer to the center line so that the waiting motorist can see that you are behind another car.

Distracted Driving

The sad fact is that too many people are trying to do too many things while out on the road.

Instead of focusing on driving, many motorists and motorcyclists are instead talking on the phone, sending or reading a text message, eating, or otherwise spacing out.

Problems with distracted driving are heightened for motorcyclists because they are often invisible to other drivers.

Motorcycles tend to blend with the road or with other cars, and drivers are not really looking for motorcyclists.

Also, many bikers wear da

 helmets and dark clothing

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