Most Common Motorcycle Accident Injury in California

Motorcycles may be fun, but they sometimes encourage risky behavior and present many inherent safety risks to riders. Motorcycle accidents happen for many of the same reasons that other vehicle accidents occur, but these incidents tend to result in more devastating injuries and expensive economic damages. Motorcyclists are inherently vulnerable to crash impact forces in an accident due to the lack of safety features on most bikes that are standardized for most enclosed passenger vehicles.

Anyone who owns and operates a motorcycle in Southern California must acknowledge the risks they face every time they ride their bike. While most motorcyclists in California are cautious, experienced, and able to manage difficult traffic conditions, it’s not always possible to anticipate the actions of others. Motorcycle accidents can easily result in many life-changing injuries, leaving victims wondering how they can recover their losses.

Defensive driving can limit your risk of causing an accident, but there is little you can do to minimize the damage another driver is capable of causing through negligence or intentional misconduct. Even the highest-quality riding gear and helmets can only reduce the severity of injuries, not prevent them completely. According to the latest data from the National Highway Traffic Safety Administration (NHTSA) and other agencies, the most commonly reported motorcycle accident injuries in the United States are traumatic brain injuries. Unfortunately, despite California’s strict helmet law for motorcycle riders and their passengers, even the best motorcycle helmets can only mitigate the effects of a brain injury, not negate them entirely.

Important Facts About Brain Injuries

A brain injury is one of the worst injuries any person can suffer. The brain is extraordinarily complex and capable of doing incredible things, but it is also highly vulnerable to physical damage. Motorcycle accidents can easily result in head and brain injuries that can be life-threatening without immediate medical intervention. Any brain injury can potentially cause lifelong adverse effects for the victim.

The brain injuries reported from motorcycle accidents in the United States typically fall into “open” and “closed” designations. An open head injury is an extreme medical emergency that demands immediate treatment. This type of injury occurs whenever a foreign object physically damages the skull and ruptures brain tissue. Closed head injuries occur when impact force or momentum shift causes the brain to strike the inside surface of the skull. This will cause a concussion in most cases, but contusions or bleeding on the surface of the brain are also possible effects.

Brain injuries are unpredictable and can be very difficult to treat. It is also possible for symptoms to alleviate or worsen at unexpected intervals following a brain injury, and any victim faces an uncertain road to recovery. When this type of injury occurs due to the negligence or misconduct of another party, the victim and their family have the right to pursue compensation for their damages.

Damages and Compensation for Brain Injuries From Motorcycle Accidents

California law requires all drivers to have auto insurance, and an initial insurance claim can be a valuable source of compensation. However, a serious brain injury is likely to require medical care that will cost much more than the at-fault driver’s insurance can provide. Additionally, there is never any guarantee a claimant will have an easy time with their insurance claim. Even if they secure a fair settlement, the at-fault driver’s coverage may only cover a fraction of the cost of their brain injury, prompting the victim to take further legal action.

If you or a loved one has sustained a brain injury in a motorcycle accident that someone else caused, it is vital to speak with an experienced motorcycle accident attorney as soon as possible after your accident. A good attorney can make filing your auto insurance claim much easier and expedite your receipt of this initial source of recovery. In addition, if any controversies arise with the insurer, your legal team can help you resolve them. Finally, once you have obtained your claim payout, you can determine whether further legal recourse is essential to fully recover your damages.

California’s personal injury laws allow the plaintiff of any personal injury suit to seek full compensation for all the economic damages they sustained due to a defendant’s misconduct or negligence. When it comes to a brain injury from a motorcycle accident, the plaintiff’s claimable economic damages are likely to include vehicle repair or replacement costs, medical expenses for immediate emergency care, ongoing health care costs for treating severe injuries, lost wages during recovery, and lost earning potential if the victim cannot return to work because of their injury.

Alongside your economic damages, you can also seek compensation for your pain and suffering. Again, this may sound like it would be difficult to quantify, but your attorney is likely to use the total of your claimed economic damages as a starting point for calculating suitable pain and suffering compensation. For example, if you sustained $250,000 in economic losses and developed a permanent disability due to the defendant’s actions, your attorney may seek several times this amount on your behalf to reflect the severity of your situation.

Fault Rules in California

Anyone who intends to file any personal injury claim in California must understand the state’s law regarding negligence and responsibility for civil damages. The state enforces a pure comparative fault rule, meaning a plaintiff can still recover damages if they bear partial fault for causing those damages. For example, if an investigation shows a plaintiff is 10% at fault in a $50,000 claim, they will lose $5,000 or 10% of the final case award to reflect their comparative negligence.

Depending on the total value of your case, even slight comparative negligence can make a significant dent in your final recovery. If you have any concerns about bearing partial liability for your recent accident or if you are unsure how to accurately determine fault for your recent motorcycle crash, you need to consult an experienced attorney as soon as possible. A good lawyer can help you through the insurance claim process and build a personal injury case on your behalf when insurance can’t fully cover your losses.

Determining Fault for a Motorcycle Accident

If you or a loved one suffered a traumatic brain injury or other harm from a motorcycle accident caused by someone else, it’s vital to know your rights and your options for legal recourse. An experienced personal injury attorney can assist you in filing an auto insurance claim against the at-fault driver. In addition, if their insurance cannot cover the full scope of your damages, an experienced motorcycle accident lawyer can help you file a personal injury claim against the at-fault driver to enhance your recovery.

Proving fault for a motorcycle accident often requires securing eyewitness testimony from anyone who saw the accident occur. Dashboard camera footage can be incredibly helpful when available. In addition, an experienced attorney can secure traffic camera footage on a client’s behalf if a nearby camera caught the accident. Ultimately, proving liability for a motorcycle accident requires meeting different criteria in different cases. Every injured motorcycle accident victim faces unique challenges, and reliable legal counsel is the best asset for overcoming them.

California enforces a comparative negligence law, meaning that if a plaintiff is partially responsible for causing their claimed damages, they lose a percentage of their case award in proportion to their fault. Therefore, if you have any concerns about bearing partial liability for your recent motorcycle accident, consult an attorney as soon as possible.

Compensation for a Motorcycle Accident

To secure an insurance claim settlement and hold a defendant accountable for a motorcycle accident, the victim must prove the defendant directly caused the plaintiff’s claimed damages. When a motorcycle accident results in a traumatic brain injury, the victim will likely face a host of complex damages. In addition, they may require extensive immediate emergency care and ongoing medical treatment to manage the effects of their brain injury.

One of the most dangerous aspects of brain injuries is their unpredictability. A brain injury can display few to no serious symptoms at first, only for the victim to experience profoundly disabling symptoms weeks or even months later. Some symptoms improve with time, others worsen, and the cost of managing a dynamic medical condition like a traumatic brain injury can be very high.

California law allows the plaintiff in a personal injury case to seek full repayment of all the economic damages the defendant caused. The defendant’s auto insurance may offer some coverage of the plaintiff’s medical expenses and vehicle repair costs, but the plaintiff can seek outstanding medical expenses, compensation for lost income, and compensation for their non-economic damages in a personal injury action.

If a motorcycle accident results in a serious traumatic brain injury, the victim could face a diminished quality of life. Some victims of these injuries are left unable to work, and some cannot manage everyday tasks on their own due to the profound disabilities their injuries cause. Non-economic damages pertain to physical pain and psychological distress from a personal injury. When a motorcycle accident results in a life-changing brain injury, the victim will likely secure substantial compensation for their pain and suffering.

Other Common Injuries From Motorcycle Accidents

Brain injuries are the most common motorcycle accident injuries. They are typically some of the most traumatic, but the unfortunate reality is that many motorcycle accident victims sustain more than one injury in their experiences. Some other commonly reported motorcycle accident injuries in California include:

• Broken bones, some of which may require surgery and extensive recovery time. Some bone fractures can result in chronic pain years after recovery. Bone fractures may also cause nerve damage and result in diminished range of motion, loss of strength, and inability to perform some fine motor functions.
• Spinal cord injuries. Any damage to the spinal cord is permanent, potentially disrupting the brain’s ability to manage the affected area of the body. Loss of sensation or paralysis is possible depending on the location and severity of the spinal cord injury.
• Facial and dental injuries. Even helmets that provide full face coverage cannot entirely prevent injuries to the face and teeth in a serious accident.
• “Road rash”, a term used to describe friction burns resulting from sliding on asphalt at high speed. When a motorcyclist is thrown from their bike, even heavy-duty riding gear may not fully prevent road rash, resulting in bits of asphalt and other debris embedding in the rider’s skin.
• Internal injuries. Crash impact force and the secondary impact of hitting the ground can easily cause crushing injuries throughout the body. Organ damage and internal bleeding are often fatal if not immediately treated.

Motorcycle accidents are statistically less common than car accidents because there are fewer motorcycles than cars on the roads of California. However, when comparing injury rates and the risk of serious injury, motorcyclists are far more likely to experience life-changing or fatal injuries when they have accidents than occupants of enclosed passenger cars.

Motorcyclists can limit their risk of experiencing an accident by driving carefully, attentively, and defensively at all times, making themselves as noticeable as possible to nearby drivers, and avoiding reckless maneuvers. However, accidents may still occur due to the actions of others, such as distracted driving, driving under the influence of alcohol, or reckless driving.

Get Expert Legal Help From Perry Personal Injury Attorneys

Perry Personal Injury Lawyers has years of experience representing victims of motorcycle accidents in their recovery efforts, including victims of life-changing traumatic brain injuries and other catastrophic injuries. Our goal in every case we accept is to help our client fully understand their legal options so they can make informed decisions about their recovery efforts. If you believe you have grounds to file an auto insurance claim and/or a personal injury suit against another driver in Southern California, legal counsel you can trust significantly improves your chances of maximizing your recovery. Contact us today to schedule a consultation and find out how we can help.