Orange County
Motorcycle Accident Attorney

Motorcycle accidents remain one of the leading causes of preventable injury and death for riders in California. According to the Safe Transportation Research and Education Center, “In California, 565 motorcyclists were killed in 2021. Motorcycle fatalities increased in California 2.9 percent between 2020 and 2021.” Despite the fact that motorcycles only made up about 3.5% of all registered vehicles on the roadway in 2021, they were involved in 13.8% of all traffic fatalities. Motorcyclists lack the protection of enclosed vehicles and are thus more likely to be seriously injured in the event of a crash. This makes it all the more important for victims of motorcycle collisions to seek experienced legal support.

At Samer Habbas & Associates, our Orange County motorcycle accident lawyers have decades of experience helping people with their personal injury cases. During that time, we have recovered over $350 million for our deserving clients. Our law firm is committed to delivering personalized legal strategies that are tailored to best meet the specific needs of our clients. Whether you just have legal questions or need a free, independent investigation into any particular incident, we may be able to help you. You can reach out to our office anytime at (949) 727-9300.

Common Causes of California Motorcycle Accidents

Motorcyclists are naturally much smaller than passenger vehicles. It is therefore more likely that they will be overlooked. This is particularly true when a driver is making a left-hand turn or right-hand turn at an intersection. There are a number of other common causes of motorcycle accidents.

• Distracted Driving: A large portion of motorcycle accidents involve a driver that was speeding. A distraction might occur due to a person eating, putting on makeup, using their cell phone, or reaching for an item in their vehicle.
• Speeding: Excessive speeds are one of the most common causes of motorcycle accidents and car accidents generally. Drivers are less able to slow their vehicle to a stop at higher speeds. They are also much more likely to lose control of their vehicle.
• Driver Intoxication: Even small amounts of alcohol below the legal limit can substantially impair a person’s ability to operate their vehicle safely. What many drivers don’t understand is that alcohol is not the only substance that could potentially impair them. Even prescriptions or over-the-counter medications could substantially impede their ability to navigate the roadway safely.
• Poor Road Conditions: Motorcyclists are uniquely vulnerable to the hazards posed by poor road conditions. A pothole may be an inconvenience for some drivers, especially if it damages their vehicle. But that same pothole could easily cause a motorcyclist to completely lose control and be seriously injured.
• Reckless Driving: Many motorcyclists are injured in crashes with other drivers who were operating their vehicles recklessly. This could include instances where a driver is weaving in and out of traffic or following a motorcyclist far too closely.
• Driver Fatigue: Fatigue is actually much more dangerous than many people realize. For example, the Centers for Disease Control estimates that staying awake for only 17 hours can reduce a person’s ability to operate their vehicle equal to driving with a blood alcohol concentration of 0.05%.

It is imperative that drivers follow traffic regulations at all times and learn to share the road with motorcycles, pedestrians, and other vehicles. The vast majority of motorcycle accidents that take place are preventable and involve some amount of negligence.

Injuries and Damages Associated With Motorcycle Accidents

Motorcyclists are much more likely than passengers of enclosed vehicles to be seriously injured or killed. However, helmets do play a very important role in mitigating many of the serious injuries in motorcycle collisions. According to one study in the Journal of Trauma and Acute Care Surgery, motorcyclists without helmets were nearly twice as likely to be fatally injured. Even when helmets are being used, there are many injuries associated with motorcycle accidents.

• Broken Bones: When a motorcyclist is thrown off of their bike, they are much more likely to sustain broken bones or fractures. These can range greatly in terms of severity.
• Amputations: All of a motorcyclist’s limbs are completely exposed in the event of a crash. The only protection that they have is a relatively thin layer of padding. Many motorcycle collisions result in the victim losing an arm or leg.
• Lacerations: If a motorcyclist is thrown off their bike at high speeds, they will often slide for several hundred feet. If they’re lucky, they won’t hit a fixed object that could seriously injure or kill them. But even if they don’t hit anything, the friction from these injuries can leave them with serious gashes and lacerations.
• Traumatic Brain Injuries: A large portion of motorcycle collisions cause victims to hit their heads against the pavements or opposing vehicles. This can leave motorcyclists with traumatic brain injuries (TBIs). These can range from mild concussions to more serious trauma that can leave a person comatose.
• Spinal Cord Injuries: As with most parts of a motorcyclist’s body, their back and spinal column are almost completely exposed. If a motorcyclist is rear-ended or thrown off of their bicycle, this can lead them to sustain very serious damage to their spinal cord. In extreme cases, this could result in paralysis and permanent disability.
• Organ Damage: Much of the damage from a motorcycle accident is not immediately visible afterwards. Any type of blunt force trauma to a person’s midsection or torso can cause them to suffer organ damage. Broken ribs could puncture a person’s lungs and other vital organs.

Even if a person’s physical injuries completely heal, survivors of serious accidents often suffer long-term psychological trauma, including post-traumatic stress disorder (PTSD). Any person impacted by a motorcycle accident is able to pursue damages related to the financial, physical, and emotional toll that it had on them. Damages can help cover a wide variety of expenses that a person is likely to incur. These will typically include medical expenses, income for lost wages, pain and suffering, and compensation for property damage.

What to Do After Any Motorcycle Accident

The first thing that you should do after any motorcycle collision is to ensure your safety. It is best to exit the roadway to avoid the possibility of being hit by secondary vehicles. Once you’re out of the road, and thus not likely to be hit by another vehicle, there are several other steps that you should take in order to protect your health and your rights.

• Call 911: Accident victims should call 911 as early as possible. This will ensure that the police file a report of what happened and begin the preliminary stages of investigating the accident. This report can be tremendously useful later on.
• Document the Scene: You should use your phone to begin documenting as much of a scene as possible. This should include any injuries that you might have, the license plate number of the other driver, the position of all vehicles involved, and the road conditions.
• Avoid Admitting Fault: Be very careful about what you say to the other party or the police after a collision. Many people will be apologetic after an accident, even if it wasn’t their fault. This may hurt your case later on.
• Seek Medical Attention: Accident victims should seek medical care, even if they feel as though they aren’t injured or their injuries aren’t that serious. When a person goes through an accident, they are filled with adrenaline, which can mask the true extent of any injuries. It is also possible that a person’s injuries are more internal, and thus not detectable merely through visual inspection.
• Contact an Attorney: Seeking experienced legal guidance is one of the most important things that you can do to preserve your rights after any motorcycle accident. An Orange County motorcycle accident attorney can take steps to preserve key pieces of evidence and ensure that your interests are being protected throughout the legal process.

In order to build a strong case after any motorcycle accident, all relevant evidence should be preserved and collected. For example, many accidents are captured by surveillance footage from local businesses. Continuing to seek follow-up medical care is also important. Insurance companies may try to argue that victims were never seriously injured if they fail to seek any type of ongoing care after an accident.

Compensation Available to Motorcycle Accident Victims

Motorcycle accidents can turn a person’s life upside down. They may need to take extensive periods of time away from work. Victims may also be left with high medical bills related to their injuries and ongoing care. There are three primary sources of compensation available to victims of motorcycle accidents.

• Economic Damages: Economic damages are the tangible financial damages that a person incurs as a result of an accident. Examples of economic damages can include past medical expenses, future medical expenses, lost wages, and diminished earning capacity.
• Non-Economic Damages: By contrast, non-economic damages are the intangible damages that a person suffers as a result of any accident. One of the most common non-economic damages cited in civil claims is pain and suffering. Other examples may include a loss of enjoyment of hobbies due to an injury and loss of consortium.
• Punitive Damages: In certain cases where a defendant’s conduct was particularly egregious, courts may choose to award plaintiffs punitive damages. These are damages designed to punish the defendant and thus deter them from similar conduct down the road.

There are no hard and fast rules about how much compensation any person should receive for a certain type of injury. These calculations can be particularly tricky when it comes to giving out awards for pain and suffering and other intangible damages. But an attorney can take steps to help accident victims get the most compensation by putting their claim in the best possible light and advocating fiercely on their behalf.

Understanding California Motorcycle Accident Laws

California adjudicates civil claims on the basis of comparative fault. Even if an accident victim was partially at fault for a collision, they will still be able to recover damages. When a defendant is determined to be partially at fault for a collision, any award that they are given is reduced proportionally by their share of fault. For example, if a person is awarded $100,000 by the court and is deemed to be 25% at fault, their award amount would be reduced by 25%. This would leave them with total compensation of $75,000.

There are a number of state-specific regulations that motorcyclists in California should be aware of. All motorcycle riders and passengers must wear helmets, regardless of age. Any failure to wear a motorcycle helmet could have numerous adverse implications, such as higher insurance rates and potential liability for a collision. Any person operating a motorcycle must get the proper M1 license. Though lane splitting is legal in California, it is still considered relatively dangerous and not recommended.

In general, victims of motorcycle accidents have two years from the date of the incident to file a personal injury claim. But there are a number of situation-specific exceptions to this general rule. Claims against government entities must be filed within six months from the day of the accident. This could include incidents where an accident was caused by a pothole or other road defect. Moreover, if a child is injured in a motorcycle accident, the two-year statute of limitations starts when that child turns 18 years old. It is always best to speak with an experienced Orange County motorcycle accident attorney about the unique facts of your case if you have questions about the statute of limitations.

Testimonials and Case Results

Samer Habbas & Associates have successfully achieved numerous 7-figure settlements and verdicts for victims of motorcycle accidents, including a $3.45 million settlement for a motorcyclist injured by a driver making a left turn. We have also achieved a $2.5 million wrongful death settlement following a motorcycle collision and a $2.25 million settlement for a motorcyclist who suffered a tibial shaft fracture.

Our legal team has also handled very complex and difficult cases. In one case, we were able to recover a $1 million settlement for a motorcyclist injured in a parking lot after driving over an unsecured steel gas hose cover. No case is too large or difficult for us to handle. This is why so many individuals and families have chosen us to represent them in their time of great need. You don’t have to take our word for it. Feel free to take a look at all of our dozens of five-star reviews.

Getting Legal Help for Motorcycle Accidents

Having skilled legal representation can mean the difference between winning or losing your motorcycle accident claim. When your financial well-being is on the line, it is critical that you choose a legal team that has experience handling cases similar to your own. Our Orange County motorcycle crash attorneys at Samer Habbas & Associates will stop at nothing to get accident victims the medical and financial support that they need in order to recover from their injuries.

There are absolutely no upfront costs to hiring our attorneys to work on your case. We work entirely off of a contingency fee basis. In other words, we only get paid by the opposing insurance provider if we are able to successfully resolve your case and get you a settlement or verdict. If you’ve been injured in a motorcycle accident, you can take steps today to secure your rights and financial well-being. Our team has the skill, experience, resources, and determination to help you get the very best outcome possible. Whether you just have legal questions or would like to schedule a complimentary consultation, you can reach out to us anytime at (949) 727-9300.

 Frequently Asked Questions

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