Hollister Motorcycle Accident Lawyer
For many Californians, motorcycles are more than just a mode of transportation. However, the thrill of the open road comes with risks, as motorcycle accidents often result in severe injuries. When misfortune strikes, and someone’s negligence causes an accident, hiring a California motorcycle accident lawyer is essential.
At Gonzalez & Jones, APC, we understand the unique challenges motorcyclists face on the road and in the courtroom. Whether it’s dealing with your injuries, navigating the insurance claims process, or trying to negotiate fair compensation, the aftermath of a crash can be overwhelming.
Fortunately, that’s where we come in. Our legal team understands California motorcycle accident law. We’re committed to providing support and legal advocacy to motorcycle accident injury victims in Hollister, San Juan Bautista, Salinas, Gilroy, Los Banos, Monterey, Castroville, and San Benito County.
We recognize that every motorcycle accident is different, and so are the needs of each client. To learn more about how we can help you, contact our office online or call (408) 848-2208 for a free consultation with a Hollister motorcycle accident lawyer.
By combining our legal experience with a genuine concern for your well-being, we want to support your full journey toward recovery.
While every motorcycle accident is different, they tend to fall under a few general categories. Here are some common motorcycle accident types we encounter in Hollister and surrounding areas:
- Left-turn accidents. A frequent scenario is where a vehicle making a left turn collides with a motorcycle going straight. These often occur at intersections, typically because the driver doesn’t see the motorcyclist or misjudges their speed.
- Rear-end collisions. Motorcycles stopping quickly or cars failing to notice a slowing motorcycle can lead to rear-end collisions.
- Collisions with fixed objects. Striking objects like guardrails, poles, or debris in the road can cause serious accidents, particularly at high speeds.
- Road hazards. Potholes, uneven road surfaces, loose gravel, and other hazards can be dangerous for motorcyclists.
- Door opening accidents. “Dooring” accidents occur when a driver or passenger opens their vehicle door into an oncoming motorcyclist’s path. This can happen as a result of lane splitting or when a parked car opens its door in the path of a biker.
Our goal in any of these types of accidents is to minimize your stress and anxiety. We want you to concentrate on your recovery while we help you pursue justice from the responsible party.
Common Motorcycle Accident Causes
The term accident is a misnomer because almost all motorcycle accident injury claims result from the negligence of one or more parties.
Some common causes of crashes that our Hollister motorcycle accident lawyers see include the following:
- Driver inattention—Distracted driving is a leading cause of motorcycle accidents, especially when a driver fails to check their blind spots;
- Speeding—Excessive speed reduces reaction time for motorcyclists and other drivers, thereby increasing the chance of a crash;
- Driving under the influence—Impaired driving, whether it’s by alcohol or drugs, significantly raises the risk of accidents;
- Lane splitting—While lane splitting might be legal in California, it is risky and can lead to a crash when drivers don’t anticipate a motorcyclist riding between slow-moving traffic;
- Inexperienced riders—Lack of experience can make riders handle the motorcycle incorrectly or can lead to errors in judgment, particularly in challenging road conditions or heavy traffic;
- Weather conditions—Rain, fog, or other adverse weather conditions can impair visibility and road grip;
- Vehicle defects—Mechanical failures, such as brake issues or tire problems, can be hazardous for motorcyclists; and
- Aggressive driving—Actions like tailgating, weaving through traffic, or road rage can escalate and put motorcyclists at risk.
It’s common to have more than one accident cause. For example, someone might be speeding while driving under the influence. Identifying all liable parties is critical to getting justice because you won’t receive any compensation without proving who was at fault.
How a Motorcycle Injury Lawyer Can Help
Proving Negligence
California law holds that person liable for your losses when you’re injured because of another person’s negligence. You have the right to seek financial compensation for the harm their actions caused, whether in an insurance claim or a personal injury lawsuit. However, you—the injured victim—have the burden of proving that the other person acted with harmful negligence. An experienced personal injury attorney can help you gather the evidence necessary to prove the following four elements of negligence:- Duty. Put simply, a duty of care is a legal responsibility we all have to ensure our actions don’t harm others. On the road, auto drivers and motorcyclists both have a duty of care to follow traffic laws and operate their vehicles responsibly.
- Breach of duty. Road users violate their duty of care when they drive recklessly or fail to take basic safety precautions. Speeding, texting, or ignoring traffic laws are other ways of breaching this duty.
- Causation. This involves showing that another person’s driver’s breach of duty was the direct cause of your accident. If you’re hit when a driver turns into the wrong lane because they’re drunk, that would be causation.
- Damages. To merit compensation, the breach of duty has to cause you tangible harm. Economic losses, such as medical bills or property damage, are common examples of damages in traffic accident cases.
Evaluating Damages
A lawyer familiar with motorcycle accident cases is the best person to assess the extent of your losses in a crash. Motorcyclists are among the most vulnerable of California’s road users. With little between you and other vehicles, even minor accidents have a high risk of bodily harm. Some serious injuries motorcyclists often face include:- Burns, road rash, and lacerations;
- Back, neck, and spinal cord injuries;
- Broken bones and joint damage; and
- Concussion and major head trauma.
Understanding Comparative Liability
A lawyer can also advise you on how state-specific laws around shared fault impact your case. California follows a pure comparative negligence rule. This rule states that you can still recover compensation, even if you are primarily responsible for the crash—but your compensation is reduced by your percentage of fault. So, if a jury finds you 20% at fault, you will receive 80% of your damages. If they find you 90% at fault, you will only receive 10% of your losses. That is why hiring a California motorcycle accident lawyer to conduct a thorough investigation is important. The other driver’s insurance company will try to do anything possible to attach the largest percentage of liability on you, thereby reducing their financial payout. It’s critical to have the support of a professional who can challenge inaccurate claims of comparative fault with evidence and strong argumentation.Staying Ahead of Deadlines
Another important aspect of pursuing a motorcycle insurance claim is ensuring you file a lawsuit in time. Under the personal injury statute of limitations in California, you generally have two years from the accident date to file a lawsuit. If you do not file within the allotted time, the court could dismiss your case. While two years is the norm, there are some exceptions. That’s why speaking to a Hollister motorcycle accident attorney is crucial to ensure you do not inadvertently miss the filing deadline.What to Do After a Motorcycle Accident
If you’ve been in a crash, several important steps must be taken to protect yourself and your potential compensation claim.
Call 911
Securing your safety is the priority after a crash. Get a safe distance from the road, but don’t leave the accident scene. Call the police and an ambulance for anyone injured. Even if the other vehicle operator says it’s not necessary, it’s important to have the police come to the scene. The responding officers will document the incident and write a formal report. The contents of this report can be valuable when establishing liability in a compensation claim.
Exchange Information
Get the contact and insurance information of any other vehicles involved in the crash. Emotions often run high after accidents, but try to stay calm. If someone else is being aggressive or threatening, don’t engage with them. Keep away from them and wait for the police to arrive.
Document the Scene
If it’s safe, take pictures of the accident scene. Visual evidence can be valuable for identifying what caused the crash and the extent of the damage. Take photos or videos of the vehicles involved, the road environment, and your injuries. Pay attention to the behavior of anyone else involved in the crash. Are they slurring their words, or do they seem intoxicated? Did they admit they were distracted and didn’t see you? Write down your observations or record a voice note on your cell phone.
Seek Medical Treatment
Get medical attention immediately, and follow your doctor’s treatment plan closely after a crash. Don’t delay treatment out of fear of the cost. If you wait to see a doctor, an insurance adjuster could claim that your injuries aren’t as serious as you’ve said—or that they happened after the crash.
File an Accident Report With the DMV
If you or anyone else was injured, you must report it to the California Department of Motor Vehicles (DMV) within 10 days of the incident. The DMV uses this to enforce California’s motor vehicle insurance laws. If you don’t file the report or don’t have the required insurance, your license could be at risk of suspension.
Call a Lawyer
Consulting with a legal professional from the beginning is one of the most significant steps you can take to protect yourself. An attorney can help manage communication with insurers and other parties. They can also negotiate with an insurance company on your behalf to help ensure you receive the maximum amount of compensation possible. If your losses exceed available insurance coverage, an attorney can help you understand your rights and options regarding a lawsuit. Throughout the process, a skilled lawyer will ensure you’re protected and informed at every step.
Contact a Hollister, California Motorcycle Accident Lawyer at Gonzalez & Jones, APC
If you suffered injuries in a motorcycle accident in Hollister or the surrounding areas, contact the experienced legal team at Gonzalez & Jones, APC. We believe in providing each client with the individualized representation and support they deserve.
We focus on quality, not quantity. You won’t be just another name or case file when you hire our firm. We’ll be there for you every step of the way, whether that means settling out of court or taking your case to trial.
Don’t let yourself become overwhelmed with the aftermath of a motorcycle injury claim. Let us help you fight for the compensation you deserve. Contact our office today to schedule a consultation with an experienced motorcycle crash attorney in Hollister.
Call us at (408) 848-2208 or use our online contact form to schedule your free consultation.
