Riverside Motorcycle Accident Lawyer

Have you or a family member recently been involved in a Riverside motorcycle accident? Was it caused by another driver’s careless driving on the road? If so, contact the Riverside motorcycle accident lawyers at the law offices of Duque & Price immediately. You may only have a limited time to get compensation from the responsible party for your accident. With the help of our expert lawyers, you can focus on recovery while we fight on your behalf to get you the fair compensation you need.

Motorcycle Accident Representation in Riverside, CA

At Duque & Price, our attorneys have a reputation in Riverside and the rest of the region for aggressive representation. We handle motorcycle and other accident cases in which victims have suffered injury and loss due to the negligence of another party. Our diligence and determination throughout the investigation, negotiation, trial preparation, and litigation processes enable us to secure favorable outcomes for our clients, no matter the complexity of the case.

Our team offers a free consultation to listen to the details of your case and provide a recommendation for the optimal next steps. If you’ve been the victim of a motorcycle accident involving another driver or at-fault party, contact our office today.

Motorcycle Accident Injuries

Injuries are extremely common in motorcycle accidents and can range in severity from mild to debilitating. Most accidents will result in multiple injuries. The following represent some of the more common injuries that can result from motorcycle accidents.

Minor Injuries:

• Minor fractures
• Dental injuries
• Whiplash
• Minor cuts and bruises
• Concussions
• Road rash

Moderate Injuries:

• Lacerations
• Facial injuries
• Joint injuries
• Back and neck injuries
• Burns
• Head injuries
• Internal organ injuries
• Fractures
• Traumatic brain injuries
• Herniated discs
• Dislocated hips

Severe injuries:

• Severe head injuries
• Crush injuries
• Major organ damage
• Amputations
• Spinal cord injuries
• Severe disfigurement
• Severe head injuries

Though this list is not exhaustive, it represents the range of injury types one could experience throughout the body as a result of a motorcycle accident. These also only refer to physical injuries. Motorcycle accidents also lead to mental and emotional damage that, while harder to quantify, should be compensated as part of a settlement in any insurance claim or personal injury case.

No matter how extensive or minimal you believe your injuries to be, it is important that you take the proper steps to get checked by a medical professional and maintain all records of visits. This will ensure that you are covered for injuries that don’t immediately manifest.

What Is Your Case Worth?

If you are considering legal action after being involved in a motorcycle accident, there are probably urgent reasons for doing so. Medical bills are quickly adding up, you may be losing work time, or you could be struggling to heal from permanent disabilities. By taking legal action, you can get the money you need based on the suffering that has occurred.

Our experienced motorcycle accident lawyers not only research and investigate the cause of your crash, but also determine what is fair financial compensation for you. We handle the tough negotiations with motorcycle insurance companies and we will defend your best interests with every step throughout the process.

Proving Fault In A Riverside Motorcycle Accident

What might seem like a minor accident can often be serious injuries for the motorcyclist involved. If you were involved in a motorcycle collision, you may not be able to gather evidence during the aftermath of the accident. Our 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.

Ultimately, proving fault in an accident comes down to being able to demonstrate one party’s negligence. There are two ways to establish negligence. The first is to prove all of the following were true in your accident case:

• The other driver had a duty of care. Proving this point is relatively straightforward. All drivers have a duty of care toward other motorists to operate their vehicles in a safe and responsible manner, observing all traffic laws and road conditions. Drivers owe a duty of care to motorcycle riders, as more careful attention must be paid to avoid collisions since riders are far more vulnerable to injury in the event of an accident.
• The other driver breached that duty of care. Most of the evidence will be focused on proving this point. It must be established that the other driver somehow breached their duty of care by committing a violation or by failing to properly notice or respond to any changes in traffic, weather conditions, or road conditions.
• The breach in the duty of care led to an accident. Depending on the details of your case, this may be easier or more difficult to demonstrate. Your attorney will have more extensive experience understanding how to prove the cause and effect of various driving actions. For negligence to be established, you must prove that the negligent behavior directly led to the accident in question.
• The accident resulted in injury/loss. If you can prove the first three points, then you have legally established negligence. Then, in order for your damages to be compensated, it will be necessary to provide evidence of the extent to which you suffered loss or injury as a direct result of the accident.

The second way in which negligence can be established is “negligence per se.” This is a legal doctrine that assumes negligence in cases where an individual commits a violation without adequate reason. In these cases, a defendant is presumed to be negligent if they break the law, either by speeding, running a red light, or driving under the influence, for example.

The burden of proof then shifts from the plaintiff proving the breach in duty of care to the defendant answering for their violation. If no satisfactory answer is provided for why they committed the violation, they will remain guilty of negligence and be liable for the injuries and losses that resulted from the accident.

California’s Comparative Fault Laws

There are cases in which one or more parties may share fault in an accident, including the victim. California follows a pure comparative fault standard, meaning that a person could be assigned any percentage of fault for an accident and still pursue a claim against the other party.

Firstly, this means you can file a personal injury claim against the other driver even if you are deemed to be mostly at fault. In fact, even if you are 98% at fault for the accident, you can still pursue compensation for your losses.

Comparative fault laws impact your net settlement by making the compensation you are able to recover commiserate with your percentage of fault. In other words, if you were originally owed $50,000 but were found to be 10% at fault for the accident, you would be entitled to 90% of the gross settlement, earning you a net of $45,000.

Often, the other driver’s representation will attempt to minimize their liability for the accident in any way they can by trying to establish shared fault. They may try to argue that you were not paying appropriate attention to avoid the other driver or were speeding.

It is imperative in these cases that you work closely with a skilled attorney who can not only pursue your claim against the other party but also defend you against counterclaims that could otherwise reduce the full compensation amount you are justly owed.

How Do Motorcycle Accidents Happen?

Motorcycle accidents can occur in any number of different ways. Generally, by collecting the right evidence to demonstrate how the accident occurred, you and your attorney will be able to determine who was legally at fault for the accident.

Common Motorcycle Accident Causes Include:

• Negligent Drivers – Operating a motor-vehicle while under the influence, aggressive driving behavior, violating traffic laws or driving while drowsy are all types of negligent driving
• Defective Motorcycle Parts – Faulty tires, defective brakes or damaged fuel lines can be catastrophic to motorcyclists while riding.
• Dangerous Roads – Potholes, poor lighting, broken signs, loose dirt or gravel or natural debris can cause serious motorcycle accidents.

By determining how the accident happened, you can more appropriately bring a claim against the at-fault party. Most often, this means bringing a claim against the other driver, but it may also mean filing a case against a manufacturer over defective parts or against your local municipality over improperly maintained roads.

What Kind of Compensation Can I Recover?

When you’ve suffered injuries or other losses in a motorcycle accident due to the negligence of another party, you are legally entitled to seek compensation for your damages. You and your attorney can pursue a fair and just settlement that represents your real losses. It is recommended, then, that you resist any temptation to accept the first offer provided by the at-fault party’s insurance company, as it typically undervalues your compensation significantly.

Your attorney will have the experience to understand what sort of damages your settlement should include. Depending on the details of your case, your settlement should include some combination of the following types of damages:

• Medical expenses. The at-fault driver of the accident is legally liable to cover all medical bills associated with any injuries sustained because of the accident. This includes emergency services, hospital visits, doctor visits, medication, surgeries, and any other medical costs pertaining to the accident.
• Property damage. The at-fault driver in the accident is also legally liable to cover all property damage and loss from the accident. This most often includes damage to your motorcycle. Damages should cover the cost of repair to bring it back to the same condition or provide market value for the vehicle if it is deemed a total loss.
• Lost income. Since motorcycle accidents most often involve significant injuries, you will likely have spent considerable time away from work during the full length of your recovery. Your settlement should seek compensation for lost wages on account of the time spent healing from accident-related injuries.
• Disability benefits. Your settlement with the at-fault driver’s insurance company may include additional benefits for disability in some cases for victims who may have suffered long-term or permanent disability. Compensation should seek to cover the loss in quality of life, as well as future medical expenses, living expenses, and other costs associated with the disability.
• Pain and suffering. Your settlement should not only seek to recover financial loss, but it should include compensation for non-economic damages. These include but are not limited to the physical pain and mental anguish experienced from the injuries, emotional distress, and diminished quality of life resulting from the accident. Though non-economic losses are difficult to quantify, your attorney can help you negotiate a fair value.

The ultimate goal of the settlement you pursue against the at-fault party and their insurance should be to ensure you are made “whole” after the accident, restoring you to your pre-accident condition as much as possible. Even if the initial settlement offers amounts in each of these categories, it is vital you work closely with your attorney, as the insurance company will often attempt to undervalue your claim by minimizing your damages or challenging the severity of your injuries.

Don’t Wait To Take Legal Action

The most important 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, and if you wait too long, you may mistakenly forfeit your right to seek fair compensation. Call the law offices of Duque & Price to discuss your accident and make an informed decision. We can provide the insight and legal help you need.

Contact our Riverside County Personal Injury Attorney at 1-877-590-0080 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.