Orange County Motorcycle Accident Lawyer

We are all aware of the increased dangers motorcyclists face every time they take to the streets. Distracted and negligent drivers drift into your path without even seeing you and cause a painful accident! If you or a loved one has recently been involved in a motorcycle accident in Orange County, Duque & Price can help you recover the damages you need for your bike and person. It is important that you work with an experienced Orange County motorcycle accident lawyer in your case.

The days and weeks after an accident, you will undoubtedly be focused on recovery. However, you will also be left wondering if you should file a lawsuit. This confusing and overwhelming time is not the right occasion for you to make crucial decisions on your own. You need a team of lawyers experienced in the art of crafting a successful case under California Motorcycle Law to ensure that your rights are protected.

Motorcycle Accident Representation in Orange County, CA

The team at Duque & Price has been serving individuals and families in Orange County and its surrounding areas across a wide range of accident and personal injury cases for many years. With fierce determination and legal prowess in litigation, negotiations, investigations, and trial preparations, our attorneys offer aggressive representation to victims who’ve suffered injury and loss in an accident—especially when it is due to the negligence of someone else.

You will only have a limited time to file a claim for compensation against the responsible party. With the expert guidance of our expert attorneys, you can focus on recovery while we fight on your behalf to get you the fair compensation you deserve.

What Is Your Case Worth?

Medical bills piling up, lost time at work and damage to your bike make your decision to retain legal counsel essential. Our team of experienced motorcycle accident lawyers will research and investigate the cause of your accident, will arbitrate a fair settlement amount to help you through your recovery and will handle the intense negotiations with your insurance company and their team of attorneys.

What Kind of Compensation Will Insurance Cover?

If you’ve been the victim of a motorcycle accident, there are several types of compensation to which you and your attorney can pursue recovery. Often, victims will accept the first settlement offered to them by the at-fault driver’s insurance. However, this amount usually represents the minimum compensation you are fairly owed.

By involving your attorney in all negotiations with the opposing insurance company, you can expect to recover a just and fair settlement that covers the real losses experienced by the accident. This will include some combination of the following:

• Medical expenses. The insurance company of the at-fault driver is obligated to cover any and all medical bills related to injuries incurred in the motorcycle accident. This includes, but is not limited to, hospitalization, emergency services, medical procedures, surgeries, medication, and follow-up services. These follow-up services can include physical therapy, prescriptions, and follow-up surgeries or other procedures.
• Property damage. You are entitled to receive compensation for property damage. Insurance companies should cover any costs to repair your motorcycle or provide you with fair market value for your motorcycle if it is deemed a total loss.You should also be provided with reimbursement for rental vehicles during the time for which your vehicle is being repaired. If other gear, such as your helmet or riding jacket, were damaged, you should also be compensated for that loss.
• Lost wages. Most often, a motorcycle accident will result in missed work for an extended period of time. This is generally due to injury recovery time and transportation issues. The insurance company is expected to cover a portion of these lost wages since the missed income represents a real loss as a result of the accident. Any settlement from an insurance company should ensure you are not financially disadvantaged by the accident.
• Disability benefits. In some cases, insurance companies may provide disability benefits for accident victims who have suffered either long-term or permanent disability. The compensation is often limited since the intent is to cover your loss of quality of life, living expenses, future medical costs, and other expenses related to your new condition.
• Pain and suffering. In addition to economic losses, insurance companies are liable for non-economic damages as well. These include pain and suffering, emotional distress, and a general diminished quality of life that results from the accident.Because these losses are intangible, they can often be a challenge to quantify. However, your attorney can help negotiate a fair and just settlement that covers the overall distress inflicted by the accident, including physical, emotional, and mental stress.

Ultimately, the insurance company is legally obligated to ensure you are made whole after an accident, restoring you as much as possible to the condition you were in before the accident. While insurance companies will offer you a settlement that includes some combination of these compensation amounts, they will also generally attempt to undervalue your case. This is why hiring a motorcycle accident attorney is essential.

You can be certain that your insurance company will come to court heavily armed with a team of attorneys ready to argue your fault in an effort to avoid paying you what you rightfully deserve. You need a dynamic team of your own to ensure that they do not get away with it! A complete understanding of your rights and the ability to face the insurance company head-on will help you recover your losses and recover peacefully.

What Compensation Is Available to Recover Through a Personal Injury Claim?

While the insurance company of the at-fault driver is legally obligated to compensate for losses experienced by the accident, there are some forms of compensation to which you are entitled that are beyond the limited scope the insurance company can provide. When you’ve been the victim of a motorcycle accident that resulted from someone else’s negligence, you are eligible to pursue additional compensation through a personal injury claim against the at-fault party.

Once you and your attorney have successfully proven fault in a motorcycle accident case, you could be entitled to recover some combination of the following types of compensation:

• Long-term medical costs. While the at-fault driver’s insurance is obligated to cover all medical costs associated with the accident, those settlements often fail to cover the long-term costs associated with some injuries.A personal injury claim can recover damages that anticipate the long-term medical costs related to your continual recovery. This can include necessary medical equipment, such as wheelchairs or assistive devices, and long-term physical therapy.
• Loss of earning capacity. As mentioned, most accidents result in a temporary loss of income, as recovery can keep you from going to work. However, some injuries leave you permanently unable to return to work at all or in the same capacity. A personal injury claim will seek to compensate for this loss of future earning capacity in order to minimize the long-term financial strain imposed by the accident.
• Loss of consortium. In wrongful death cases, the surviving family is entitled to the same compensation that would have been offered to the victim had they survived, with the addition of damages for loss of consortium. This represents the intangible damages sustained by the loss of companionship, support, and intimacy previously provided by the victim to their family.
• Legal fees and costs. When pursuing a personal injury claim, it is common to recover the costs associated with hiring an attorney and filing a claim with the court. Since you would not be seeking legal counsel or taking legal action except as a result of the accident, the at-fault party can be held responsible for all legal fees and costs, provided you win your case.
• Punitive damages. When an opposing party is found to be negligent, it is common for the courts to add punitive damages to the settlement in an attempt to dissuade similar behavior by the defendant or by other future parties. Punitive damages are intended to punish the wrongdoer rather than reimburse the victim. These settlements are common in cases where gross negligence or reckless behavior was a factor in the case.

By hiring a skilled and qualified attorney, you can often enhance an insurance claim by pursuing a personal injury case against a negligent driver. Securing these damages can be difficult, however, as it requires not only proper documentation demonstrating related losses but also requires that you and your attorney prove negligence on the part of another party, whether that’s the at-fault driver or a third party such as the city, business, or a pedestrian.

Proving Fault In An Orange County Motorcycle Accident

Through the chaos and confusion at the accident scene, what seemed like a minor accident can often turn out to be very serious later on. Pain might not be immediately apparent. If you were involved in a motorcycle accident in Los Angeles County, you may not be able to gather evidence during the aftermath of an accident. Our experienced team can build a strong, evidence-based case using photographs of the crash scene, police reports, medical records, forensic specialists and eyewitness statements. We focus on the hard work while you regain your health.

California’s Comparative Fault Laws

California follows a comparative negligence system in which your settlement may be reduced if you are found partially at fault for an accident. The benefit to this system is that you are legally entitled to recover compensation, even if you share fault for the accident.

If you are found to share some portion of the fault for the accident, you will receive the settlement award you are granted minus the percentage for which you are found to be at fault. For example, if a judge deems you 20% at fault for the accident and awards you with a $50,000 settlement, you will receive a net award of $40,000.

The challenge with this system is obviously that the other party will look for any opportunity to place you at fault for the accident to reduce their liability. This means that you will need a strong attorney who will not only present evidence against the other party but will be able to defend you against claims made against you in negotiations or in trial.

Proving Negligence in an Orange County Motorcycle Accident

Not all accidents in which a driver is at fault are the result of negligence. Sometimes, legitimate accidents do happen. However, in most cases, a motorcycle accident is the result of negligent behavior by one party or another. In order to prove the presence of negligence, the following must be demonstrated:

• There was a duty of care owed.All drivers on the road have a duty of care to pay careful attention to road conditions, traffic, and other motorists. This is especially true for motorcyclists, who are both more difficult to see and more vulnerable in the event of an accident. All drivers are further expected to obey all traffic laws and posted signage.
• That duty of care was breached.Failing to pay careful attention to road conditions, traffic, or other motorists or failing to obey posted signage or traffic laws all represent a breach of a duty of care.

  This includes driving while distracted, such as while texting, driving while intoxicated, driving recklessly or erratically, failing to monitor blind spots, failing to look before turning into traffic, failing to avoid hazards in the road, or following too closely behind another motorist and failing to stop in time to avoid a collision.

• The breach of duty of care directly led to the injury.It is not enough to merely prove that someone acted negligently. Their negligence must have directly led to the accident that caused your injury or loss. Sometimes, this is straightforward. If a driver makes a left-handed turn into traffic without noticing you and an accident occurs, it is easier to conclude fault. However, some cases are not so easily proven.

Can Third Parties Be at Fault for a Motorcycle Accident?

It should be noted that negligence does not always occur on the part of another motorist. Sometimes, another party can bear a portion of the fault for negligence. This may include:

• The city or local municipality. The city could be liable for failing to repair hazardous road conditions, such as filling potholes or repainting road markings, or for failing to maintain proper signage.
• A construction company. Construction companies could be held liable for causing hazardous road conditions, inadequately marking construction zones, or leaving debris on the road.
• Pedestrians. Walking pedestrians or cyclists can also act negligently if they fail to use designated roadways, fail to adequately exercise caution, or recklessly enter into the path of a motorist.
• Public transportation agencies. In the event that one of the other motorists at fault for the accident is a public transportation driver, such as a bus driver or airport shuttle bus driver, the agency that runs the transportation could be held responsible for the accident in place of the driver.
• Private property owner. In some cases, a business or individual could be held responsible if a private property that abuts a public road has obstructive foliage, signage, or another hazard that blocks visibility or endangers motorists.

If you’ve been involved in a motorcycle accident, it is vital that you speak with an experienced accident and personal injury attorney as soon as possible to discuss the details of your case. Your lawyer can determine which parties may be at fault for negligence and can begin building your case by collecting the necessary evidence and interviewing the proper witnesses while they are still available.

How Long Do I Have to File an Accident Claim?

If you decide to pursue a personal injury claim against an at-fault party, you must do so within the statute of limitations. For property damage, you have three years to file a claim. For personal injury, you have two years to file a case against another party. If the defendant is a government entity, you have only six months in which to file a personal injury claim for your motorcycle accident. To file, pay the appropriate filing fee to the local court and submit a complaint and summons.

How Do Motorcycle Accidents Happen?

Motorcycle accidents are among the most dangerous types of vehicle accidents, in no small part due to the extreme vulnerability of riders. Despite displaying great care and safe habits as a motorcyclist, there are several reasons why a motorcycle accident might occur.

Common Motorcycle Accident Causes Include:

• Negligent Drivers – Includes any type of distraction or intentional negligence, including operating a motor vehicle while violating traffic laws, being under the influence of alcohol or drugs, aggressive driving behavior or driving while drowsy
• Defective Motorcycle Parts – Defective brakes, faulty tires or damaged fuel lines
• Dangerous Roads – Can include poor lighting, broken signs, potholes, loose gravel or dirt or natural debris

What Kind of Injuries Do Motorcycle Accidents Cause?

However they happen, motorcycle accidents can lead to a wide range of injuries, ranging from minor to severe. While minor injuries will typically require less intensive medical treatment, severe injuries can lead to serious long-term consequences and require extensive medical intervention and care. Motorcycle injuries may include, though are not limited to:

• Minor injuries. These injuries include road rash, minor fractures, minor cuts and bruises, whiplash, dental injuries, or concussions.
• Moderate injuries. These injuries include burns, fractures, joint injuries, lacerations, internal organ injuries, back and neck injuries, facial injuries, and head injuries. Herniated discs, dislocated hips, and traumatic brain injuries may be considered moderate, depending on the extent of the injury itself.
• Severe injuries. These injuries include crush injuries, amputations, spinal cord injuries, major organ damage, severe disfigurement, or severe head injuries. In many cases, these injuries either lead to permanent disability, can be life-threatening, or result in death.

Beyond the physical injuries that result from these accidents, there is also the emotional toll placed on victims of motorcycle accidents. In fact, those who have suffered from serious accidents often exhibit signs of post-traumatic stress disorder (PTSD). Claim settlements represent the legal attempt to make one whole again following an accident. The settlement amounts should seek to cover both the tangible and intangible losses incurred as a result of the accident.

How Much Are Most Motorcycle Accident Settlements?

The average settlement amounts from motorcycle accidents will vary based on the severity of the injuries as well as the ability of your attorney to secure fair compensation. Generally, most motorcycle accidents will incur a payout ranging from $20,000 to $75,000. This is largely due to the number of accidents with minor injuries. Settlements involving more serious injuries can be as high as $1,000,000.

The settlement payouts can range as follows:

• Minor accident. Minor injuries, such as road rash, cuts, and minor bruising, could result in between $10,000 – $50,000 in payouts.
• Moderate accident. Moderate injuries, such as a broken bone, could result in between $50,000 – $250,000 in payouts.
• Severe accident. Serious injuries, such as back, neck, or head injuries, could result in between $250,000 – $750,000 or more in payouts.

How Much Do Accident Attorneys Charge in California?

In California, accident attorneys will generally work on a contingency fee basis, which means they will not collect any fees unless and until they win the case and secure compensation on your behalf. Generally, this means they will ultimately receive around 33% of the settlement award amount, or about one-third.

While this may seem like a large portion of the final amount, it is important to consider that lawyers will be highly motivated to both secure a settlement and ensure that it is for the maximum amount possible. Since they won’t get paid unless they win, you can be sure that your attorney will do everything within their power to earn the most favorable outcome.

Secondly, as was previously mentioned, recovering attorney fees and legal costs as part of the settlement is quite common. While it may not cover the entire amount, this portion of the award should help to offset some of the attorney fees you incur.

Lastly, and perhaps most importantly, qualified and experienced attorneys will be much more capable of securing a higher compensation amount in your case than you would should you forgo legal counsel altogether. It is ultimately in your interest to hire an attorney for your motorcycle accident case.

Don’t Wait To Take Legal Action

The most crucial thing to remember about motorcycle accidents is that you must take legal action as soon as possible. Once the accident occurs, the clock starts ticking quickly. If you wait too long, you may unknowingly forfeit your right to seek fair compensation.

At Duque & Price, we maintain a staff of highly professional, knowledgeable, aggressive, and successful motorcycle accident attorneys who represent injured people through our offices that stretch across Southern California. Time limitations apply to any injury claim you might have, so for purposes of investigating a possible case and possibly preserving evidence, it’s best for you to contact us immediately after an accident. Contact Duque & Price in Orange County at 877-241-9554 for a free consultation and case evaluation. You can even use our online contact form, and we’ll reply to you quickly.