Sacramento Motorcycle Accident lawyers

Sacramento Motorcycle Accident Attorney FAQ

How does the lawsuit process work when someone is involved in a traffic collision?

When handling a case, we first attempt to resolve it informally with the insurance company before considering legal action. Once our firm is retained, we take various steps to gather evidence, such as ordering the traffic collision report and sending preservation of evidence letters. We may also send a private investigator to gather witness statements and surveillance footage. Additionally, we obtain the CAD log from the CHP for possible witness information. Throughout the process, we closely monitor the client’s medical treatment and gather relevant records, including work-related documents. Subsequently, we send a demand package to initiate negotiations with the insurance company. If a resolution cannot be reached, we proceed to file a lawsuit, which triggers the discovery process involving depositions and written inquiries. In many cases, mediation is pursued to facilitate a settlement. If necessary, we ultimately proceed to trial.

How long does the process of a Motorcycle Accident Attorney in Sacramento take from start to finish?

The duration can significantly differ due to various factors, including the fault issue, the extent of injuries and recovery, and whether the case can be resolved during litigation or whether it goes to trial.

When is it necessary to contact a Sacramento Motorcycle Accident Lawyer in the event of a traffic collision?

Please contact us immediately after speaking with 911.

If you’re the victim of a hit-and-run motorcycle accident, are you eligible for compensation from the violent crime victim’s fund?

To check if you qualify for financial support from the California Victims Compensation Fund please visit their site. The website outlines eligibility criteria. Additionally, the California Victims Compensation Fund typically offers up to $7,500 for funeral and burial expenses to the family of someone fatally injured. If there is a recovery from the at-fault driver, it is usually reimbursable.

What is a Tort Claim, and why are most motorcycle accidents categorized as Tort Claims?

A tort is a civil wrong that occurs when an act or omission causes harm or injury to another person, resulting in liability. Personal injury claims, such as those arising from motorcycle accidents, are considered torts that occur due to the negligence of the party at fault.

Why does California apply a pure comparative negligence law? How does it impact motorcycle accident victims in Sacramento?

In many states, the contributory negligence doctrine was followed for years. This doctrine stated that if the injured party was found to be more than 50% at fault for the accident, they would not be eligible to collect any compensation for injuries or damages. However, most states eventually transitioned to comparative negligence, which is considered to be a fairer and more practical approach. Under comparative negligence, even if the injured party is found to be partially at fault, for example, 55%, they can still collect 45% of the case value.

What is the time limit for filing a motorcycle accident claim in Sacramento?

The Statute of Limitations for the entire state of California is two years, with a few exceptions. However, claims involving the government have a shorter statute. The injured motorcyclist has six months to submit a claim to the relevant government entity, and the necessary forms are usually available online. While a late claim can be filed up to one year after the accident, there is no guarantee it will be approved. This type of claim arises when a driver who is employed by a state, county, or city causes injury to the motorcyclist (e.g., a parole officer, Caltrans worker, etc.). The same time frame applies to cases involving hazardous road conditions, such as potholes, inadequate warning signs, confusing intersections, or poor lighting conditions. After a claim is denied, which is typically the case, the motorcyclist has six months to initiate a lawsuit. Claims against federal government entities, such as the United States Postal Service and other federal agencies, have a separate statute that involves multiple factors. It is always advisable to consult a motorcycle attorney to ensure the statute of limitations is protected for all parties involved.

What types of injuries occur most frequently from motorcycle accidents in Sacramento?

Common injuries from motorcycle accidents include shoulder, knee, ankle, femur, wrist, tibia, and road rash. Also frequently observed are broken bones, spinal cord injuries, traumatic brain injuries, skull fractures, lower extremity injuries, internal injuries, lacerations, and disfigurement.

What impact does the helmet law in California have on individuals who wear non-DOT helmets and are involved in motorcycle accidents?

If the motorcyclist doesn’t wear a helmet approved by the Department of Transportation DOT and suffers a head injury, they may be partially responsible for the injury. In such cases, the recovery amount will be reduced based on the percentage of negligence attributed to the motorcyclist. Our Sacramento motorcycle attorneys can consult with helmet experts to determine if wearing a proper helmet would have prevented the head injury. If not, the motorcyclist may be eligible for full compensation.

Who is responsible for motorcycle accidents during lane splitting?

It depends on the specific circumstances. If the motorcyclist is engaging in lane splitting while exercising proper caution, the fault lies with the driver who is changing lanes. The safety guidelines stipulate that a motorcycle should refrain from lane splitting if the traffic is flowing at a speed of 40 mph or higher, and the motorcyclist should not exceed a speed of 10 mph over the flow of traffic. It is possible for both the vehicle changing lanes and the motorcycle to be partially at fault.

What is the method for calculating compensation for motorcycle accident victims in Sacramento?

The injured motorcyclist has the right to receive compensation for property damage, which includes loss of use, medical bills (both past and future), loss of earnings (both past and future), and non-economic damages (such as pain and suffering). However, California law prohibits recovering compensation for pain and suffering (typically the most significant part of a settlement) if the motorcycle rider did not have liability insurance on the bike. There are a few exceptions, such as when the adverse driver is convicted of DUI or when the injured motorcyclist was driving an uninsured employer’s vehicle. Additionally, this law does not apply to wrongful death claimants — the heirs of someone who suffered fatal injuries. This law is harsh as it disregards that if another person causes the accident and injuries, the motorcycle rider’s lack of liability insurance should not be relevant.

What are the primary factors frequently leading to motorcycle accidents with legally responsible parties?

The most frequent type of motorcycle accident occurs when an oncoming vehicle makes a left turn in front of the motorcycle. This type of motorcycle accident happens because, from this angle, the motorcycle is least visible and its speed is difficult to assess. Another common accident involves a vehicle changing lanes and colliding with a motorcycle rider.

Explain the meaning of “AT FAULT” in California and its impact on motorcycle accident cases.

All drivers have a responsibility to operate their vehicles safely, following the rules of the road. If they fail to do so and harm someone, they have violated their duty and are considered at fault.

Negligence is simply another term used in legal contexts to describe a specific situation. Legally, negligence refers to when one party owes a duty of care to another, breaches that duty, and the breach directly causes injuries or damages to the other person.

What are the consequences of a hit-and-run incident? Is there a possibility for me to gather information? How can a victim of an accident assist with the investigation?

Motorcycle riders must ensure they have adequate uninsured motorist coverage in case of an accident caused by a party without sufficient liability insurance or who flees the scene. Our recommendation is a minimum of $250,000 in coverage, or alternatively, at least $100,000 if the former is unaffordable. Using a dash cam or GoPro can aid in identifying hit-and-run drivers. Additionally, riders should search the vicinity for surveillance footage and potential witnesses.

Who is responsible for a motorcycle accident when two motorcycles are sharing a lane in Sacramento?

The answer to this question is not clear-cut. It depends on the specific facts and who is responsible; both parties could be equally at fault depending on the circumstances. Or one rider may be found to be more at fault.

What are the benefits of getting in touch with a motorcycle accident attorney in Sacramento before discussing the incident with an insurance company?

Insurance companies are well-versed in posing questions, and the insurance company representing the at-fault driver will do its utmost to elicit self-incriminating responses. Even if the motorcycle rider is truthful, they can inadvertently undermine their case. Additionally, we have encountered situations where motorcycle riders sought our assistance belatedly, which often results in detrimental consequences. For instance, they may have neglected to seek proper medical treatment to document their injuries, failed to survey the area for surveillance footage and witnesses, did not capture photographs of their injuries while they were still visible, neglected to file a desk report if the police did not attend the scene, did not retrieve their motorcycle from the tow yard, accrued substantial expenses that the insurance company refuses to cover, and the list goes on. After an accident, most individuals are unaware of the immediate steps to take and require legal guidance from a reputable motorcycle accident attorney.

Why is it important for a motorcycle accident victim to never admit fault at the accident scene?

The motorcycle rider lacks the legal expertise to determine fault in such situations. We had a client who believed he was to blame because he collided with the passenger side of a vehicle that made a left turn in front of him. He thought he was at fault simply because he made contact with the other vehicle. However, in reality, it was the left-turning vehicle that violated the motorcycle rider’s right-of-way. Furthermore, due to the traumatic nature of accidents and the high speed involved, motorcycle riders may not have an accurate recollection of the events. There might be witnesses who remember a more favorable version of the incident than the motorcyclist does. It is crucial never to accept fault without solid evidence.

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LOCAL MOTORCYCLE ACCIDENT-AVOIDANCE TIPS

If you want to suggest additional Local Accident-Avoidance Tips, please Contact Us

As it is true with most things in life, the key to preventing motorcycle accidents is to be knowledgeable and prepare for emergencies before they occur. We recommend every rider take motorcycle safety classes and stay up-to-date on your state and federal motorcycle laws. Another way to prevent accidents from happening is to be aware of the common types of accidents that occur to bikers across the country. Read our accident scenarios below and watch out for these instances while on the road.

No matter how careful and prepared a rider you may be, there are a lot of drivers on the road now who are not paying attention to their surroundings. They’re texting, eating, navigating and in general, taking their eyes off the road. A resulting collision can mean serious injuries to motorcyclists and damage to your bike. It is very rare that an injured motorcyclist is able to get his bills paid, get reimbursed for lost wages and otherwise be made whole for his injuries when the automobile driver only has $15,000 in liability insurance. When you get minimum coverage you’re taking a huge gamble and putting your ability to recover after an accident in a complete stranger’s hands. A surprising number of drivers have no insurance. We as riders, need to depend on ourselves and protect ourselves accordingly.

All these tips combine with our accident checklist to help you enjoy fun, stress-free rides.

BEST PRACTICES FOR MOTORCYCLISTS

COMMON ACCIDENT SCENARIOS

• Intersections
  • Watch for motorists making sudden left hand turns. This is the most likely scenario for a motorcycle accident to occur.
• Lane Changes
• Coming in and out of driveways
• Potholes
• Excessive speed
• Lane sharing

ACCIDENT CHECKLIST

If you are in a motorcycle accident in Sacramento, there are a few things you should do immediately if you’re able to. If you’re uninjured and your bike has been moved out of traffic, complete the following checklist before to ensure you obtain all the information you need.

The information obtained from the accident checklist will be helpful if you need to file an insurance claim or experience any injuries.

Get as much Information as Possible

• Other Driver’s Information
  • Name
  • Address
  • Phone Number
  • Driver’s license number
  • Email Address
  • Make, model and year of the vehicle
  • License plate number
  • Insurance carrier and policy number
• Witness Information
  • Name
  • Phone Number
  • Email Address
• Take pictures if safe to do so
  • Damage to your motorcycle
  • People involved in the accident
  • Other Driver’s license and insurance info
  • Accident location and road conditions
• Get Police information
  • Officer’s name and agency
  • ID number
  • Police report number
  • Station location

Keep Record

• Of all doctor’s visits & notes, time off work, correspondence with insurance, anything and everything related to the accident.

Contact your Insurance Company

• To report the accident
• DO NOT contact the other party’s insurance

Call Russ Brown Motorcycle Attorneys® for a Free Consultation

• ​Insurance companies may try to get you to settle quickly and for less. DON’T! Be sure to talk to one of our experience motorcycle accident attorneys before you do anything!

Insurance Advice

Motorcycle Insurance requirements vary from state to state so the best person to give you insurance advice is your insurance broker (we do not sell insurance) but here are some insurance basics:

Uninsured or Underinsured Motorist Coverage (UM/UIM)

• Do not place your ability to recover from an accident in someone else’s hands. Getting UM/UIM insurance almost guarantees your ability to recover after an accident if the other party was at fault, depending on your injuries and damages. The more UM/UIM you get – $100K or $300K or more – the more likely you will be able to recover.
• No one should ride without (UM/UIM) coverage. It’s absolutely critical. Once you get the bike–first, save enough money to buy the insurance, then save enough money to buy the gas.
• If possible, address all aspects of coverage including: liability, property damage, collision, comprehensive and medical coverage.

Umbrella Insurance

• Covers extensive damages as well as UM/UIM
• Get the best you can afford
• Are sold in in increments of $1,000,000. State Farm offers it even if you only have $100,000/$300,000 on the underlying. AAA requires $500,000 on the underlying. Shop around and explore the option that makes sense for you.

Additional Collision Coverage

• While an insurance company may pay for the motorcycle accident damage to your sport bike or Harley, what about your accessories or that expensive paint job? Always save receipts when you add all that custom chrome to your bike or spend $5,000 on a paint job. We recommend getting additional collision coverage for the custom work on your bike to be sure you are properly compensated for the repair.

Bodily Injury

• If you injure someone your personal assets could be at risk. We see people with $15,000/$30,000 (The first number is the maximum for each person hurt and the second number is the total available for all people hurt). Depending on your assets you may want limits at $250,000/$500,000 or $500,000/$500,000 and then get an umbrella policy which is cheap for the coverage it offers. It kicks in after your underlying limits our exhausted.

Property Damage Limits

• If you damage property. $100,000 is usually enough unless you total out someone’s luxury vehicle, or take out a house, etc. Shop around and explore the option that makes sense for you.

Contrary to popular belief, almost all accidents involving a motorcycle are NOT the result of carelessness by the motorcyclist. Most of the individuals involved in these accidents sustain severe injuries and the cases could take many years to reach a judgment. It can be impossible for someone who had been seriously injured in a motorcycle accident to support themselves financially during the lengthy process of the lawsuit. Bottom line is get the best coverage you can afford; your future comfort and livelihood may depend on it.

Riding Gear Advice

Know your Motorcycle

• Properly sized bike
• Your feet should reach the ground while you are seated on your motorcycle
• A motorcycle needs more attention than a car, check each of the following before you ride,
• Tires for sufficient tread and air
• Headlight, tail light, brake light, turn signals, horn and two mirrors are in working condition
• Oil and Fluid levels
• Battery Condition
• Chain/Belt and Kick-stand condition

Tools & Emergency supplies

• Jumper cables, mini battery charger
• BAM card for when you are riding alone
• Accident checklist, pen, & camera

Notable Roads

• Interstate 80 (I-80) is the major East–West route. It connects Sacramento with San Francisco in the west and Reno in the east.
• Business 80, also known locally as the Capital City Freeway, diverges from I-80 in West Sacramento and passes through Sacramento before rejoining its parent highway in the northwest part of the city.
• U.S. Highway 50 and Business 80 begin together in West Sacramento, but eventually split, with Highway 50 continuing as the El Dorado Freeway toward South Lake Tahoe.
• Interstate 5, known locally as I-5 runs through Sacramento and heads north to Redding, and heads south near California Central Valley.
• California State Highway 99 runs through Sacramento and heads closer to the eastern edge of the Central Valley,
• California State Highway 160 runs along the Sacramento River before reaching the city of Sacramento. California State Highway 160 then becomes a city street in Downtown Sacramento and then turns into the North Sacramento Freeway going over the American River to Business 80.

Notable Ride Destinations Near Sacramento

Consider riding your motorcycle through the Sierra Nevada foothills, or to the Capitol Mall, Downtown Commons, Downtown Sacramento, The Parks of East Sacramento, Historic Chinatown, The Newton Booth Historic District, Sutter’s Fort in Old Sacramento, Capitol Casino, Thunder Valley Casino Resort, Cache Creek Casino Resort, The 40 acre Capitol Park, American River Parkway which spans 23 miles along the American River (accessed by various exits off U.S. Route 50 in Sacramento County)., Red Hawk Casino Resort, Hard Rock Hotel & Casino Sacramento at Fire Mountain, Jackson Rancheria Casino Resort, and Sky River Casino in Elk Grove, and Golden 1 Center, home stadium of the Sacramento Kings

Motorcycle Riding Weather

Sacramento has a hot-summer Mediterranean climate.  Summers are hot and dry, while winters are cool with decent rainfall.  If you plan a ride in Sacramento during October to April bring rain-wet riding gear as this is Sacramento’s wet season, and again Sacramento has occasional light rainfall in June through September. Average riding temperature ranges from 47.3°F (8.5°C) in December to 75.9°F (24.4°C) in July.  Summer heat is sometimes moderated by the “delta breeze” from the San Francisco Bay. Temperatures cool sharply at night.  Snow accumulation does occur 40 miles east of the city in the foothills when the temperature drops, and the city experiences freezing nights around 15 times per year. When planning your trip make sure you bring the proper motorcycle riding gear for the season.

COMMON CASE ISSUES

Whether your motorcycle accident involves significant injuries or is a minor no-contact accident involving scrapes and property damage only, it’s worth your time to call Russ Brown Motorcycle Attorneys® hotline. We consistently take on difficult cases; we will provide free advice, even if the circumstances do not look favorable. We have the experience, the resources and the highly qualified staff necessary to deal with motorcycle accident cases that other Sacramento Motorcycle Accident lawyers can’t handle.

Sacramento Motorcycle Accident Data

Accidents were on a steady rise for years and are now going down again, which could be for numerous reasons, including education, training, and motorcycles with better, safer technology.

Alcohol is only involved in a fraction of recorded motorcycle crashes. That may sound like good news, but these accidents could have been easily avoided. It is recommended that you never drink alcohol while riding your motorcycle. If you do decide to drink alcohol, please check your state’s Legal Limit for DUI. The allowed Blood Alcohol Level while riding your motorcycle can vary greatly and is usually from .02, under the Legal Limit for Zero Tolerance, and can be as high as .08. Not all states allow for a Blood Alcohol Level of .08.