Motorcycle Injuries

Motorcycle Injuries, Compensation And Medical Treatment

Motorcyclists face many risks on the road. You have to protect your rights if you have been injured in a motorcycle accident. The police, other drivers, and insurance companies are often biased against motorcyclists, which can make it difficult to obtain the compensation you deserve. The attorneys at Alfonso & Berriz, APC have routinely overcome adverse or negative traffic collision reports to show the real or contributing cause of an accident and obtain recovery for our motorcycle riding clients.

We will protect your rights at Alfonso & Berriz, APC. We represent victims injured in motorcycle crashes in Thousand Oaks and Ventura and throughout San Fernando Valley in California

Medical Care After A Serious Injury

Motorcycle crashes can result in catastrophic injuries and fatalities. Long-term complications and medical treatment are costly. Filing a claim can help you pay for the recovery process. However, motorcyclists often face harsher treatment by the police and insurance companies. This makes it difficult to find the best road to recovery.

It is common for motorcycle accident victims to suffer from the following types of injuries:

• Head or brain injury
• Brain trauma
• Road rash
• Amputation
• Paralysis
• Crushed limbs
• Fractured and broken bones
• Dislocations
• Back and spine injury
• Neck injuries

In the most tragic of motorcycle accident cases, death may be the result. We can help. The attorneys at Alfonso & Berriz, APC are strong advocates for victims and know what steps to take to get the claims process moving so you can focus on getting better.

California Law And Motorcyclists

A few points come up in almost every motorcycle case.

California requires every motorcycle rider and passenger to wear a helmet that meets federal safety standards, regardless of age. Where a rider was not wearing one, an insurer will usually raise it, but that argument goes to comparative fault rather than ending a claim, and it only bears on injuries a helmet would actually have affected.

California is also the only state where lane splitting is expressly permitted. Riding between lanes of traffic is lawful here, which matters because insurers and even police reports sometimes treat a lane-splitting rider as automatically at fault. They are not. The question is whether the rider was doing it in a manner that was reasonable in the conditions.

The Bias Problem And How It Gets Answered

Motorcyclists routinely arrive at a claim already behind, because an officer at the scene or an adjuster reading the file has assumed speed or recklessness. That assumption gets tested with evidence: scene photographs, roadway measurements, damage patterns, helmet and gear condition, witness accounts, and any available camera footage.

This is also why the physical evidence matters so much. The motorcycle, the helmet and the riding gear should be preserved exactly as they are rather than repaired, cleaned or discarded, because they frequently show what happened more reliably than the report does.

Shared Fault Does Not End A Claim

California follows pure comparative fault. A rider found partly responsible still recovers, reduced by their share. A rider found 30 percent at fault would generally recover 70 percent of their damages.

Determining Liability

Our attorneys will help you evaluate your legal options, determine liability and help you file a claim. Motorists, truck companies and even municipalities or government agencies can be held liable if their negligence contributed to your crash. Your case needs to be evaluated right away to make sure evidence is preserved, witnesses are interviewed and everything is documented to help with your claim.

Deadlines

A personal injury lawsuit generally must be filed within two years under California Code of Civil Procedure section 335.1. Where a public entity is involved, such as a dangerous road surface or a government vehicle, a written claim is generally required within six months under the California Tort Claims Act. Claims involving a defective motorcycle component follow the ordinary injury deadline but depend on the machine being preserved.

Frequently Asked Questions

Is lane splitting legal in California?

Yes. California expressly permits riding between lanes of traffic. A lane-splitting rider is not automatically at fault, though insurers often argue otherwise.

Do I have to wear a helmet in California?

Yes. California requires all riders and passengers to wear a helmet meeting federal safety standards, regardless of age.

I wasn’t wearing a helmet. Can I still recover?

Possibly. It is raised as comparative fault rather than as a bar, and it is relevant only to injuries a helmet would have affected.

The police report blames me. Is that the end of it?

No. A traffic collision report is one piece of evidence, not a verdict. The attorneys at Alfonso & Berriz, APC have routinely overcome adverse or negative traffic collision reports to show the real or contributing cause of an accident.

What should I do with my motorcycle and gear?

Keep them as they are. Do not repair, clean or dispose of the motorcycle, helmet or clothing, as the damage patterns are often the clearest evidence of what happened.

What if a road defect caused my crash?

That may be a claim against the public agency responsible, but it carries a six-month written claim requirement rather than the ordinary two years.

How long do I have to file?

Generally two years from the date of the crash under Code of Civil Procedure section 335.1, and six months where a public entity is involved.

Contact Us For A Free Consultation

You have rights and fair treatment is vital to ensure you get the compensation you deserve. Contact us online or call our law firm at (818) 889-1577 to schedule a free consultation to discuss your accident.