Ventura Motorcycle Accident Lawyer

Every day, thousands of California motorcyclists put their lives at risk when they hit the road. The size and shape of motorcycles put riders inherently more at risk of serious and fatal injuries in accidents than standard passenger vehicle drivers. Motorcycle accidents might not be as common as other auto collisions, but they result in fatalities more often. Learning your rights and responsibilities as a motorcyclist can help you avoid a crash.

If you or a loved one has been injured in a motorcycle accident, our motorcycle attorneys can help. Contact the Ventura personal injury attorneys at the Maki Law Firm to discuss your case in detail by calling (805) 267-1222 today. If another driver, a dangerous pothole, or a defective vehicle part contributed to your injuries, we can help you seek compensation from the at-fault party or parties. Our motorcycle lawyers have extensive motorcycle accident case experience and have recovered millions for clients.

MOTORCYCLE ACCIDENT STATISTICS

• In 2016, 5,286 motorcyclists died throughout the United States. This was a 5.1% increase from 5,029 deaths in 2015.
• Motorcyclists accounted for 14% of all traffic fatalities in the U.S. in 2016. Of all the motorcyclists killed in car accidents, 94% were riders and 6% were passengers.
• More than one fourth (27%) of motorcyclists in fatal accidents in the U.S. in 2016 were operating vehicles without a valid license.
• Helmets saved an estimated 1,859 motorcyclist lives in 2016. At least 802 additional motorcyclists likely would have survived had they been wearing helmets.
• In 2016, 548 motorcyclists in California died in traffic accidents. This was an 11% increase from 494 deaths in 2015.
• Motorcyclist deaths from failure to wear helmets increased by 9% in California from 2015 to 2016 (23 to 25 deaths, respectively).
• Throughout California, 1,059 people (motorcyclists and drivers) died in alcohol-impaired driving accidents in 2016.

It is illegal in California to operate a motorcycle without a helmet. Yet hundreds of motorcyclists break this law and fail to strap on an approved safety helmet before riding. Failure to wear a helmet can significantly increase your odds of suffering a serious face, head, or brain injury in an accident. It can also hurt your ability to recover financial compensation during a personal injury claim as the insurance companies and their attorneys argue your lack of helmet-wearing against you, as proof that you contributed to your own injuries in an attempt to limit the amount of compensation you should recover. Always wear a helmet when motorcycling, but, if you are injured because of a lack of helmet, this does not preclude you from recovery, do not trust the insurance company when they tell you they are not responsible.

TYPES OF MOTORCYCLE ACCIDENTS

It is a misconception that most motorcycle accidents are due to aggressive driving by motorcycle riders. In fact, most motorcycle accidents occur because car and truck drivers do not see motorcyclists. There are a number of different types of motorcycle accidents, some of them include:

• Poor weather conditions
• Lane sharing
• Ignoring traffic signs
• Not utilizing a turn signal
• Ignoring traffic conditions
• Speeding
• Not seeing a motorcyclist due to glare or other view obstructions
• Inexperienced motorists
• Driving while under the influence of alcohol or drugs
• Vehicle defects
• Roadway defects
• Construction zones or road hazards
• Distracted drivers due to texting or talking on their phone
• Motorists failing to yield the right of way at intersections

The moments following a serious motorcycle accident can make the difference between recovery and a life of permanent injury or disability. It is crucial that everyone involved in a motorcycle accident get medical attention regardless how minor the injuries may seem. Common injuries suffered include road rash, biker’s arm, facial fractures and disfigurement, broken bones and burns. Injuries can range from minor to disabling, such as limb amputations, spinal cord injuries, paralysis and Traumatic Brain Injuries (TBI).

COMMON TYPES OF INJURIES FROM MOTORCYCLE ACCIDENTS

A recent Centers for Disease Control study found that between 2001 and 2008 more than 34,000 motorcyclists were killed and an estimated 1,222,000 persons were treated in a U.S. emergency department for a non-fatal motorcycle-related injury. With more people in the United States riding motorcycles today than ever before, motorcyclist deaths and injuries are an important concern.

California’s nice weather and open roads make motorcycle riding very popular. On California roads in 2005 there were 411 fatal accidents involving motorcycles and 9,061 reported injuries in 2005. With the largest population in the country, California had the most motorcycle crashes in 2008, with 469. Most of the accidents still result from other motorists not seeing the motorcyclist, and most of the injuries still come from head injuries. The most common types of injuries from motorcycle accidents are:

• Road rash –when an individual is thrown from a motorcycle unprotected skin that meets the pavement will be injured. These skin and bone abrasions are referred to as road rash. They often are very painful and can leave scars. Sometimes road rash requires skin grafting.
• Fractures– leg fractures are a very common type of motorcycle accident injury. Fractures to almost any other bone in the body can also be fractured as well. Wrist fractures tend to also be very common because motorcyclists reach out to protect themselves.
• Damage to pelvis –pelvic fractures are very common and can cause complications with urological injuries. This area of the body is often crushed with the trauma and impact on gas tanks and the middle frame of the bike.
• Spinal cord– spinal cord injuries can cause very serious, life changing injury, such as paralysis. The extent of the damage depends upon the exact location of the injury and whether the entire spinal cord has been damaged.
• Traumatic brain injury –motorcycle accidents often involve some form of head trauma. This can be mild to severe, depending on the accident. A traumatic brain injury can dramatically reduce the victim’s overall quality of life and his or her ability to live independently. Serious brain injury can also cause death.
• Chest trauma –chest injuries are the leading cause of death after head and spinal cord injuries when it comes to motorcycle accident injuries. They can include rib and sternal fractures, chest wall hematoma, lung laceration, aortic rupture, buildup of fluid in the heart, and bruising of the chest wall and lungs.

The severity of your injury may not be apparent at the time of the motorcycle accident. Some injuries, such as herniated disks in the back, grow more painful over time, or undiagnosed traumatic brain injuries. For this reason, it is very important to have thorough medical examinations on the day of the accident and in the following days and weeks. It is important to not accept a low settlement offer from an insurance claims adjuster until you, your doctor and your attorney believe that is in your best interest. Do not settle with the insurance company. Contact an experienced California motorcycle accident attorney at the Maki Law Firm. Our attorneys will work with the insurance companies to get you the compensation you deserve. Contact our office today at (805) 267-1222 for a free legal consultation.

HELMET PROTECTION

The National Highway Traffic Safety Association found that 1,829 lives were saved in 2009 by helmets. If all the riders that crashed were wearing helmets, over 800 more lives could have been saved. Most states in the USA have made DOT (Department of Transportation) approved helmets mandatory for all motorcycle riders and many passengers. This is the case in California. All statistics and studies show that wearing a helmet greatly reduces your chances of death or serious injury if you are in a motorcycle accident.

If you have been injured or lost a loved one in a motorcycle accident contact our office today for a free initial consultation.

ACCIDENTS CAUSED BY DEFECTIVE MOTORCYCLES

Not all motorcycle accidents are caused by reckless driving. While negligent drivers are the primary cause of motorcycle crashes, accidents can also be caused by defective motorcycle equipment, such as tire defects, brake defects, or other equipment problems. A defective part can cause the motorcycle to operate incorrectly, break down altogether or create a dangerous situation, such as a tire blowout, brake failure or another incident. This kind of accident is not the fault of any of the drivers involved, but there may be a fault with the manufacturer of the defective part.

Under federal law, manufacturers must remedy any and all safety issues affecting their motorcycles at no cost to consumers. If widespread defects are determined to affect a large number of motorcycles, manufacturers are required to notify consumers of the recall so as to avoid any serious personal injury resulting from accidents. Motorcycle manufacturers are liable for any accidents caused by defective products. The National Highway Traffic Safety Administration (NHTSA) holds motorcycle manufacturers to a high standard when it comes to ensuring the safety of their product, considering the increased risk of injury that motorcyclists face on the road.

THE NHTSA requires the manufacturer to take specific steps when issuing a recall of a defective product. The manufacturer must file a public report describing:

• The safety-related defect or noncompliance with a federal motor vehicle safety standard.
• The involved vehicle/equipment population.
• The major events that resulted in the recall determination.
• A description of the remedy.
• A schedule for the recall.

Also, even if you do not receive a notification of a recall, if your motorcycle or other item of equipment is the subject of a safety recall, the manufacturer is obligated to provide a free remedy. Manufacturers have a duty to notify owners of recalled motorcycles or motorcycle equipment. For motorcycle recalls, manufacturers check their own records of vehicle purchasers with current state vehicle registration information. For equipment or parts recalls, manufacturers must notify their distribution chain and known purchasers of the recalled equipment.

A product liability suit can be filed against those who are responsible for introducing a dangerous product into the marketplace, including the manufacturer, the marketer, and independent firms who were hired to test the safety of the product. At the Maki Law Firm, our attorneys have the financial, medical and legal resources to battle the large corporations who are manufacturing dangerous or defective products, as well as the insurance companies and attorneys who protect them. When a company profits from a defective product, it can and should be held responsible, both to compensate an injured consumer and to help ensure corrective action is taken.

CALIFORNIA MOTORCYCLE LAWS

Motorcycle laws vary by state and while California’s laws are similar to other states, there are a few exceptions that everyone on the road should know about.  Some important California Motorcycle Laws to be aware of are:

• License requirements –In California, riders must either have a Class M1 or M2 license to operate a motorized cycle on California roadways.  A motorcyclist with a Class M1 license may operate any two-wheel vehicle motorcycle, motor-driven cycle, or motorized scooter and all vehicles listed under Class M2.  A Class M2 license allows the holder to operate any motorized bicycle, moped or a bicycle with an attached motor, or a motorized scooter.
• California Helmet Law –Veh Code Sec. 27803 states that any driver or passenger of a motorcycle, motor-driven cycle or bicycle shall wear a safety helmet meeting the standards of Sec. 27801 (fastened by helmet straps and is of a size that fits the wearing person’s head securely without excessive lateral or vertical movement).
• Lane sharing –California allows lane sharing, which means that motorcycles can drive in between cars that are in a lane.  It is often discouraged because it is potentially very dangerous.  Police officers often will blame the motorcyclist for an injury accident involving lane sharing.
• Under age 21 –motorcycle applicants under 21 years of age are required to complete a Basic Rider Course before they receive a motorcycle instruction permit.  Motorcycle applicants 21 years of age and older are encouraged to take a motorcycle rider course but it is not required.
• Motorcycle Exhaust System –Under California Vehicle Code, Sections 27150 – 27159, exhaust systems may be modified so long as the modification meets the law’s strict requirements.
• California Insurance Requirements –all drivers must carry minimum compulsory liability insurance for bodily injury (BI) coverage of at least $15,000 per person injured, and $30,000 for all persons injured in an accident as well as property damage coverage of at least $5,000.
• Motorcycle specifications –certain bike specifications are required in California.  If you are carrying a passenger a passenger seat and footrest are required.  Handlebars height may not exceed six inches above a driver’s shoulders when sitting.  Turn signals are required.  Motorcycles are subject to random safety inspections by law.  There is no restriction on the use of radar detectors.  A muffler is required and any cutout, bypass, or similar devices are banned.
• Leathers and other protective wear –there are no laws in the state of California that require the wearing of leather protective jackets and pants or other protective wear. However, protective clothing, goggles and full face helmets can protect the body and the face from road rash and other injuries in the event of an accident.
• Compensation based on negligence –the behavior of a motorcyclist during an accident can affect the amount of compensation that could be awarded.  If laws were violated this could reduce the amount of compensation that could be awarded.
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A motorcycle ride along the many freeways and highways around Los Angeles and Ventura can make for a perfect weekend leisure activity. However, motorcyclists are at greater risk of a serious or fatal injury than other vehicle passengers, especially when they are involved in a traffic collision.

The California Highway Patrol recently developed a Motorcyclist Safety Program, but training cannot always prevent a serious accident. Indeed, many fatal motorcycle collisions result from the negligence of another driver. If you have been involved in a motorcycle accident, truck accident, or if you have recently lost a loved one in a crash, you should contact an experienced  car crash accident and personal injury attorney to learn more about filing a claim for compensation. Motorcycle accidents are far more dangerous than a regular automobile accident. This is as result of one’s body being completely unprotected and exposed during a crash. A motorcyclist cannot benefit from the metal exterior or frame of a car to shield them from the violent impact of a crash. Nor can the cyclist depend on airbags, seatbelts, or any of the other safety features in automobiles made to prevent catastrophic injuries. Thousands of individuals suffer serious or fatal injuries from motorcycle accidents on a yearly basis in the state of California.

Motorcycle Accident Facts & Figures

According to the California Highway Patrol, motorcycle accident fatalities have been on the rise in our state. The total number of fatalities increased by 175 percent between 1998 and 2008, from 204 to 560 reported deaths. While the following years showed a slight decrease, the years between 2011-2014 again showed increases in the total number of motorcycle accident fatalities on California’s roads.

In response to the rising number of fatal crashes, the California Highway Patrol has publicized some important facts and figures surrounding motorcycle accidents:

• – Age is a significant factor in deadly motorcycle collisions. For instance, only about 10 percent of all licensed riders are between the ages of 15-24, but that age group accounts for between 11-13 percent of all reported fatalities.
• – Sex is also a factor in motorcycle collisions. Indeed, male riders account for a shocking 90 percent of all reported motorcycle accident deaths in California.
• – Nearly two-thirds of all deadly motorcycle crashes are linked to three important factors: speeding, improper turning, and driving under the influence of alcohol or drugs.
• – Motorcyclists are actually responsible for a majority of the accidents that occur in California. About 65 percent of all fatal motorcycle accidents implicated the rider, while about 56 percent of all injury-causing motorcycle crashes implicated the rider.

When motorcycles are involved in accidents with other vehicles, 77% of them are struck in the front of the motorcycle by the other vehicle. Surprisingly, only 7% of motorcycle accidents involve a rear end collision. Sadly, an alarming 47% result in a fatality to the motorist. More than half of these fatal crashes are caused by the opposing car making a left turn in front of the motorcyclist. An alarming 75% of all motorcycle accidents involving another vehicle are caused by the drivers’ failure to see the motorcycle before the collision. In 98% of cases the brunt of the injuries are suffered by the motorcyclist instead of the other driver when an automobile is involved.

Among the injuries suffered by motorcyclists are: Traumatic Brain Injuries, fractures, amputation of limbs, paralysis, spinal cord damage and soft tissue damage.

Motorcycle Safety

How can motorcyclists stay safe on the roads? The Motorcycle Safety Foundation provides some important safety tips for riders in Southern California and throughout the country, including but not limited to the following:

• – Make yourself visible on the roads. Much like a bicyclist, it is important that automobile drivers can see you. Ensure that your lights are working, use reflective strips, and do not be afraid to use your horn.
• – Wear protective clothing. In addition to a helmet and eye protection, wear thick, long-sleeved clothing in the case of a collision to prevent harmful road rash.
• – Stay aware of your surroundings and follow the rules. By giving yourself space on the road, you’ll have time to respond to other drivers’ negligent behavior. And by avoiding any aggressive driving tactics, such as weaving between lanes or speeding, you will help keep yourself safe.

Contact A Dedicated Motorcycle Accident Attorney

If you or someone you love has been in a recent motorcycle accident, it is critical to hire a licensed attorney to protect your interests. The amount of medical bills that usually follow a motorcycle accident can be astronomical and extremely overwhelming. This is due to the amount of medical attention necessary to bring the motorist back to a healthy condition. Many times motorists require months or even years of therapy to accomplish such a goal. These therapies can be very expensive. This is especially frustrating, as on many occasions, motorists are unable to work for long periods of time as a result of their injury and are thus unable to pay for such treatment. The Maki Law Firm is here to help you through this difficult situation. Attorney Kevin Maki will be able to refer you to medical facilities and therapies that will not require you to out of pocket any money prior to getting therapy or medical treatment. The Maki Law Firm will fight to get those therapies paid for by the insurance company of the individual responsible for the motor vehicle accident. That is our goal at the Maki Law Firm. Getting you compensated for the pain and suffering you have undergone while fighting to have all of your past and future medical bills paid by the at-fault party’s insurance company.

Suffering an injury in a motorcycle accident can be tragic and debilitating. Whether it was another driver’s negligence, a defective design in the roadway, a failure to maintain a highway or defect in the bike you were riding that caused your injuries, you deserve to be compensated. At the Maki Law Firm, we have years of experience handling motorcycle accident claims and representing accident victims. Contact a dedicated motorcycle accident attorney today to learn more about how we can advocate for you.