Practice Areas > Motorcycle Accidents

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Santa Cruz Motorcycle Accident Lawyer 

Here in California, we consider ourselves a very motorcycle-friendly state. Between our weather and wide-open vistas, California is a motorcyclist's dream with the state reporting the highest number of registered motorcycles in the nation. This is particularly true in Santa Cruz and the Bay Area. And yet, bikers often suffer extreme bias when it comes to accidents. Unfortunately, this can work against them when they go to seek compensation after accidents and injuries.

At Wave Law Firm, we have represented the legal rights of motorcyclists. Our passion and professionalism drive our commitment to excellence and our results reflect that.

Motorcycle Accident Statistics Are Grim

When you consider motorcycle accident statistics, they paint a grim picture.  

• In 2017, our state alone saw 16,505 motorcycle accidents resulting in 15,527 injuries and 541 fatalities. 

• According to the NHTSA  (National Highway Traffic Safety Administration), motorcycle fatalities dropped in 2018 to 4,985 nationwide, but motorcycle accidents are still overrepresented in motor vehicle fatalities statistics. 

• Approximately 80 percent of all motorcycle accidents result in an injury or fatality. 

• Motorcyclists are 26 times more likely to suffer a fatality than drivers and passengers of automobiles. 

• Injuries from a motorcycle accident are far more likely to be catastrophic injuries.

California accident lawyers understand that a motorcycle injury or fatality places extreme physical, emotional, and financial hardships on the injured biker or the surviving family members. When you have been injured in a motorcycle accident, having the advice of a Santa Cruz motorcycle accident attorney is crucial. It will help ensure that your compensation will completely take care of the present and potential costs and damages associated with your injury.

Causes for Santa Cruz Motorcycle Accidents

Like any other motor vehicle accident, a motorcycle accident can be caused by a multitude of things, but the majority of them are accidents between a motorcycle and a car. These can be, 

• Speed -- Speeding, either on the part of the motorcyclist or another driver, decreases reaction times and increases the likelihood of an accident.

• Unsafe lane changes -- When a driver makes a lane change without checking his or her blind spot, a motorcyclist can be hidden from view and the chances of a collision increase.

• Impaired driving -- Driver impairment due to drugs or alcohol affects a driver’s ability to operate any vehicle safely. 

• Sudden stops -- Whether a motorcycle needs to stop suddenly and is rear-ended or another vehicle needs to stop and puts a motorcyclist at risk of a collision, both are extremely dangerous. 

• Dangerous left-hand turns -- Any misjudgment in speed or the distance of oncoming traffic when a vehicle is turning left can result in one of the most dangerous accidents for motorcyclists on our roads today.

• Lane-splitting -- Although illegal in many other states, lane-splitting is now officially allowed in the State of California. Lane-splitting, where the motorcycle can maneuver between two lanes of traffic going in the same direction, has led to many unfortunate motorcycle accidents in our state. 

• Unsafe road conditions -- Unfortunately, unsafe road conditions and road maintenance without appropriate safety signage can result in accident hazards for a motorcyclist. 

Regardless of the cause of your accident, it can be overwhelming trying to negotiate compensation for your injuries without an experienced personal injury attorney in Santa Cruz. 

How is Fault Determined in a Santa Cruz Motorcycle Accident?

California is an at-fault state. That means whoever bears the responsibility for the accident also bears the financial liability for any injuries and damages resulting from it.

In many accidents, fault can be shared by more than one party. In California, the apportionment of liability falls under comparative fault rules which determine what percentage of fault is attributed to each party. This also determines the compensation that the injured parties can collect in financial compensation. 

As you can imagine, there may be many different perceptions and viewpoints surrounding fault when it comes to an accident. This is when it is critical to have the help of a Santa Cruz accident attorney who understands the law and how to prove liability after an accident. Your lawyer will be able to independently investigate the circumstances surrounding the accident to establish a fair understanding of who was at fault for the accident. 

A Cautionary Tale of Lane-Splitting in California

The subject of lane-splitting in California was a gray area for a very long time. But as of 2016, California became the first state to make lane-splitting legal with a cautionary caveat. Although official studies have shown lane-splitting to be safe when done at slow speeds and when done correctly, if done unsafely at high speeds, it can be extremely dangerous.

As a motorcyclist, whether your lane-splitting was considered “safe” or not will determine whether you will be found fully or partially at fault for an accident and the amount of your compensation. Having the representation of a skilled motorcycle crash lawyer in California can have a profound impact on whether you get fairly compensated for your injuries or not. 

What Makes a Motorcycle and Motorcyclist Uniquely Vulnerable in an Accident?

Motorcycles are vulnerable on our roads due to the nature of the vehicle itself. Smaller and narrower with less weight and bulk than a passenger vehicle, a motorcycle can easily be hidden in the blind spot of another vehicle. With only two points of contact with the pavement, a motorcyclist needs to maintain balance, speed, and traction at all times. And without the protection of a car frame, seatbelts, and airbags, a motorcyclist is far more vulnerable in a collision. 

Because of the unique vulnerability of the motorcycle, accidents and their injuries are often far more serious than those sustained in a similar accident in a passenger vehicle. 

Injuries Sustained in California Motorcycle Accidents

Nationally, 80 percent of crashes involving motorcycles result in injuries to riders ranging from minor to catastrophic. Because of their increased exposure, motorcyclists can suffer serious injuries even in what would be considered minor accidents in a passenger vehicle. 

Common injuries to motorcyclists, even in minor accidents, are road rash, fractures, and burns. But motorcyclists are far more susceptible to catastrophic, life-altering, and permanently disabling injuries. Motorcyclists are far more likely to suffer traumatic brain injuries, spinal cord injuries, paralysis, disfigurement, vision loss, internal organ damage, and amputations in an accident. 

Motorcycle accident injuries can be costly, both physically and emotionally. It’s crucial to get the legal advice of a Santa Cruz motorcycle accident lawyer to ensure that you get compensated fairly for your injuries after you have been injured in an accident. 

What Damages Are You Entitled to If You Have Been Injured in a Motorcycle Accident in Santa Cruz or the Bay Area?

Financial compensation for your injuries and damages after a motorcycle accident in Santa Cruz or the Bay Area are available to help you heal and get your life back on track. What compensation you are entitled to will depend on the circumstances surrounding the accident, the injuries sustained, and who was found at fault. Some compensatory and non-compensatory damages may include

• Medical costs, surgical costs, hospitals bills

• Medications or other medical supplies

• Rehabilitation, physical, and occupational therapies

• Lost wages

• Lost future earning capacity

• Pain and suffering

• Future medical and life care after a debilitating injury

In most cases, benefits will be determined by the insurance company of the at-fault party. Unfortunately, insurance benefits can be subjective. They also eat into the profits of successful large insurers. Consequently, an injured biker may have to fight for compensation that is fair and sufficient to cover the costs of their injuries. 

Few individuals have the experience of successfully negotiating with large insurance companies, particularly when they are attempting to heal from devastating injuries. This is when the guidance and legal experience of a Santa Cruz personal injury lawyer is so important. If a settlement can’t be satisfactorily negotiated, your lawyer can take your case to court to ensure that your compensation is fair and the one you truly deserve for your injuries.

Motorcycle Accidents and Wrongful Death

As one of the states with the highest instances of motorcycle fatalities in the nation, California falls only behind the state of Florida in the number of deaths due to motorcycle accidents.  

A motorcycle fatality can be devastating for surviving family members. Families who are left behind to pick up the pieces and financial costs from a loved one’s death may be entitled to wrongful death benefits. Although these can never make up for the death of a loved one, wrongful death compensation enables them to file for the same type of benefits their loved one would have been entitled to had he or she survived as well as costs to the family members in the way of funeral and burial expenses.

If your family member has been killed in a motorcycle accident, a Santa Cruz motorcycle accident attorney may be able to help you recover wrongful death benefits. 

Getting the Legal Advice You Need After a Santa Cruz or Bay Area Motorcycle Accident

If you have been injured in a motorcycle accident, it’s important to understand that you may not be treated fairly because of an overarching motorcycle bias in the insurance industry and legal arena. Unfortunately, there is often a presumption of liability by police officers and insurance adjusters when it comes to motorcyclists and accidents. This can work against your ability to get fairly compensated for your injuries. 

Retaining a Santa Cruz motorcycle accident attorney may be critical to getting compensated fairly for your injuries. At Wave Law Firm, we are dedicated our to the rights of injured parties and their families. With us in your corner, we take the burden off your shoulders so you can heal from your injuries. We are happy to discuss your case and help you understand your rights after a serious motorcycle accident. Contact us for a no-cost, no-obligation case evaluation. 

If you have been injured by the act of another, finding a motorcycle accident attorney may increase the chances of receiving compensation for medical bills and other expenses that you may not have previously considered. Other forms of compensation that you may be entitled to include lost wages, physical and emotional pain, and loss of enjoyment of life.

A motorcycle accident lawyer may assist you in answering your question about your legal rights. The sooner you are able to retain an attorney, the sooner their law office can move ahead with gathering information and evidence.