California Motorcycle Accident Lawyer

For more information, visit our Motorcycle Accident Info Center.

Motorcycle Accidents

Motorcycle accidents result in a high incidence of serious injuries and fatalities.  The carelessness of other drivers is frequently the cause of these accidents. Motorcycle accidents, however, can be the result of various causes. Defective parts, poor maintenance work, highway defects, and traffic control problems can give rise to causes of action against multiple defendants. Because of the substantial damages that often result from these accidents, and the complexity of investigating and prosecuting cases against multiple defendants, these cases are best handled by lawyers with extensive personal injury litigation experience and a record of success with motorcycle cases.

Motorcycle Accident Statistics

According to the National Highway Traffic Safety Administration, 80 percent of motorcycle crashes result in injury or death. By comparison, only 20 percent of automobile accidents result in such damages. Motorcycle accident fatalities have risen every year since 1997 and motorcycle accident injuries have been increasing since 1999. In 2004, over 4,000 motorcyclists were killed in traffic accidents and approximately 76,000 motorcyclists were injured. This represents an 8 percent increase in fatalities and a 14 percent increase in injuries over the previous year. Per mile traveled in 2003, motorcyclists were approximately 32 times more likely to be killed and six times more likely to be injured than automobile occupants.

Motorcycle and Vehicle Collisions

In most cases the cause of a motorcycle accident is due to the negligence of another vehicle's driver. One study found that in two-thirds of motorcycle accidents the driver of another vehicle was the cause of the accident, mainly by failing to yield to the motorcycle driver's right of way. Most often these accidents involved a vehicle driver's failure to yield to an oncoming motorcycle while the vehicle driver was making a left turn.

Automobile drivers cause motorcycle accidents in a variety of other ways. Some drivers misjudge the speed of a motorcycle or the distance between the vehicle and the motorcycle. Others fail to check their blind spots and veer into a motorcyclist when changing lanes. Negligent drivers also cause accidents by tailgating motorcyclists. A motorcycle usually stops quicker than a larger vehicle. The larger vehicle's inability to stop with the same quickness often increases the chances of rear-end accidents and serious injuries to motorcyclists.

Other Motorcycle Accident Causes

Motorcycle accidents can be caused for reasons other than vehicle driver negligence. Roadway defects, for example, are a common cause of motorcycle accidents. Potholes, ruts, uneven road surfaces, road debris, poor road maintenance and other road conditions can lead to motorcycle accidents. A well-maintained road surface is important to safe transportation by all vehicles, but it is critical to the safety of motorcyclists. A motorcycle, with only two wheels, is inherently less stable than an automobile and even minor defects in the design or surface of the roadway can lead to a loss of control. If a roadway is improperly designed, constructed, or maintained, a government agency may be partially or entirely at fault for a motorcycle accident. Roadway design and maintenance should always be analyzed as a potential cause of motorcycle accidents. These cases are complex and require the expertise of an attorney with substantial specialized expertise.

Improper Maintenance, Product Liability and Recalls of Motorcycles

Defective design, manufacturing and maintenance of the motorcycle and its parts are other potential causes of motorcycle accidents. A front-end shaking or "wobbling" at certain speeds, for example, may lead to loss of control by the motorcyclist. These accidents may be caused by a misalignment of the motorcycle's tires due to improper maintenance, and may subject a service facility to liability. Certain motorcycle models or parts may also be defectively designed or manufactured. These defects may lead to accidents and, in certain cases, to the removal of these products from retail outlets through government recalls. Unfortunately, all too often these products are not removed from the market before a substantial number of accidents and injuries have occurred. The injuries and damages that result from these accidents, however, may be actionable against the negligent manufacturers and/or the retailers of the motorcycle through product liability claims.

Investigation and Evidence Preservation in Motorcycle Accident Cases

Securing evidence in certain cases is crucial. Saving the motorcycle and its parts may be desirable where a possible defective part or maintenance problem is a suspected cause of the accident. Also, road debris, skid marks, gouge marks and other physical evidence may be important in determining other causes of the accident. This evidence may be lost forever if it is not photographed, measured or otherwise preserved promptly after the accident. If a government agency's negligence is connected to a dangerous road condition, a victim may have a short period of time within which to file a government claim. Expedient investigation and action in these cases is advised to avoid the lapse of critical statutory deadlines.

Determining the causes of a motorcycle accident and locating all possible defendants may require the employment of investigators and accident reconstruction experts. A motorcycle accident victim should select a well-recognized law firm with substantial expertise and experience in these cases. A reputable firm will most likely secure the necessary evidence and invest the monetary resources required to hire the appropriate experts to determine the causes of the accident and identify all possible sources of compensation.

Comparative Negligence in Motorcycle Accident Cases

Sometimes a motorcyclist bears part of the fault for causing an accident. A motorcyclist's lack of skill, attentiveness or experience in handling a motorcycle, for example, may contribute to the accident. However, this fact does not necessarily impair the right to pursue a motorcycle accident injury claim. In some instances the motorcyclist is still able to recover some compensation for the resulting injuries. Under California's comparative negligence rules the percentage of a victim's fault is compared with the percentage of the defendant's fault and the amount of compensation the victim receives is adjusted accordingly. For instance, if the victim is found to be 25% at fault for the accident and the other party is found to be 75% at fault, the other party will be required to pay the victim 75% of the victim's total damages.

Our well-established and well-financed firm has extensive experience in representing injured motorcycle accident victims. We have a large staff and a dedicated team of skilled attorneys that consistently achieve superior results in accident cases.

If you wish to have a free consultation on a motorcycle accident case, please call us at (800) 644-8000 or email us.

For more information, visit our Motorcycle Accident Info Center.