MOTORCYCLE ACCIDENT LAWYER
Take it from a fellow biker. We know.
When an accident happens, bikers get more of the blame and have zero of the physical protection that a normal “box” car driver has. Injuries are usually more severe, harder to make a healthy recovery from, and more of an emotional and financial burden to you and your family.
We’re here to help. Contact Win Nguyen Law immediately after any accident and before you speak with insurance companies. Every detail of your case matters in maximizing your compensation or settlement, and our team is prepared to guide you to justice!
Don’t wait to win!
Get your free case evaluation NOW!
Need Help? Call Jim!
It costs you absolutely nothing to see if you have a case.
714-468-5663
How to File a Motorcycle Accident Lawsuit in California
To begin a motorcycle accident lawsuit in California, you should first do the basics:
Take pictures of all the vehicles, damages, injuries, and road conditions.
Call the police so a police report gets made.
Write down contact info of other driver and eyewitnesses.
Then, immediately seek medical attention, whether you feel injured or not. Your case’s maximum compensation will be affected by how much documentation you have for all your injuries, even the ones that you didn’t feel until weeks after the crash.
Lastly, consult with an experienced lawyer who specializes in motorcycle accidents, as their guidance will help maximize your rightful compensation and simplify the legal process.
Now you can file a lawsuit that details your allegations and shows how the other driver’s negligence caused your injuries in the accident.
How Much Should a Motorcycle Accident Settlement Be?
A motorcycle accident settlement should include enough compensation to cover all damages that the injured party suffered in the crash.
This means the repair or replacement costs for the motorcycle, medical bills (both past and future), lost wages, and pain and suffering.
Beyond these compensatory damages, if the defendant’s behavior was particularly egregious, then the injured driver may also be awarded punitive damages to make an example out of the defendant.
The ultimate goal of injury settlements is to help the victim restore their life as closely as possible to how they lived before the accident.
If your injuries are severe or worsen over time, “Who is at fault?” is the most important question.
The best way to answer this question is to contact the attorneys of Win Nguyen Law to learn more about your rights and your options.
Call 714-468-5663 to get started.
Determining Fault for a Motorcycle Accident
California is an at-fault state, meaning whoever caused or helped cause the accident is liable for the damages.
This is why hiring a motorcycle accident lawyer for your accident case is crucial: Insurance companies will use dirty tactics to force you to admit fault when you don’t have legal representation. Even saying words like “Sorry” may allow them to minimize your claim.
An experienced motorcycle accident lawyer can find each liable party and make sure they pay their fair share of responsibility for your injuries.
So, who can be at fault?
The Other Driver
For most motorcycle accidents, the main liable party you want to sue is the at-fault driver. To prove their liability, your case must show that their negligence or recklessness caused your accident.
Common examples of negligent driving are:
Speeding
Running a Red Light
Failure to Yield Right-of-Way
Drunk or Impaired Driving (DUI)
Distracted Driving
Unsafe Lane Changes
The Driver’s Employer
Sometimes, the at-fault driver was driving for their job when the accident occurred. This means you may be able to sue their employer or the company that owns the vehicle.
Vicarious liability may be applicable to the employer in this case, which means that they are responsible for the actions of their employees when those actions happen while on the job.
For example, if an Amazon delivery driver hits you while working, you may be able to hold Amazon for their driver’s negligent driving.
Government Entities
Motorcycle accidents are often caused by hazardous road conditions or poorly maintained roads. Government agencies have a duty to keep the roads safe for all users, and if they fail to do so, they can be held liable for accidents caused by their negligence.
Strict deadlines must be followed for filing a lawsuit against government entities. If you suspect that government negligence helped cause your case, you should consult with an experienced accident attorney IMMEDIATELY to prepare your lawsuit.
To learn more about the statute of limitations for suing the government, click here.
Third Parties
Sometimes, you may also be able to hold third parties who were not directly involved in your accident liable if they contributed to your accident or to worsening your injuries.
Bars or Restaurants: If an establishment over-serves alcohol to a visibly intoxicated patron or a patron who will drive home soon, and that patron causes your accident, the establishment may be held liable under California dram shop laws.
Auto Repair Shops: If an auto repair shop was negligent while servicing a vehicle involved in your accident, which resulted in that vehicle suffering a mechanical failure, then they can be held liable.
Helmet Manufacturers: If a motorcycle helmet fails to protect you properly during your accident due to a design or manufacturing defect, they can be held liable.
Road Construction Companies: If your motorcycle accident is caused by poorly marked or poorly maintained construction zones, then the construction company may be held liable.
Identifying responsible third parties often requires thorough investigation, so in these cases, it is essential to consult with an experienced personal injury lawyer to find any additional parties who should pay your deserved compensation.
Manufacturers
(Product Liability)
If your motorcycle accident was caused by a defect in the motorcycle or in one of its components, you may have a product liability case against the manufacturer or distributor (dealerships).
Product liability cases can be based on:
Design defects
Manufacturing defects
Failure to warn consumers of known dangers
Common examples of defects that cause motorcycle accidents are:
Faulty brakes
Defective tires
A malfunctioning throttle
To establish a product liability claim for defective motorcycles, your case must prove the defect was present at the time of manufacture or distribution, and that it directly caused your accident or injuries. This kind of lawsuit is often complex, so it’s best to work with an experienced accident attorney who has handled product liability cases before in order to win a favorable outcome.
What if I’m Partly At-Fault for my Motorcycle Accident?
California imposes contributory negligence, also known as comparative negligence, laws for auto accidents, including motorcycle accidents. Specifically, California uses pure contributory negligence laws.
This means, even if you are 99% at-fault for your accident, you can still pursue 1% of the damages, which matters greatly, especially in million-dollar cases with grievous injuries such as paralysis, loss of limb, or wrongful death.
However, you’ll likely need the help of an expert motorcycle accident attorney to successfully argue your case to the jury and minimize any possible penalties to your rightful compensation.
If you have suffered any injury as the result of a motorcycle accident and need help paying your expenses, fill out the free case evaluation form above or call 714-468-5663.
How Long Does a Motorcycle Accident Lawsuit Take?
Most cases take several months or longer from start to finish. In this time, you and your accident attorney will need to gather evidence, file legal documents to court, negotiate with the insurance companies or defendant’s lawyer, and go through the discovery process.
Is There a Deadline for My Motorcycle Accident Case in California?
2 years after the date of the accident is the standard statute of limitations for injured parties in an auto accident , including motorcycle accidents, to file a personal injury lawsuit.
If you fail to file your lawsuit within the statute of limitations, your case can be dismissed and you may lose the right to seek compensation for your injuries.
How Much Does It Cost to Hire a Motorcycle Accident Lawyer?
Nothing.
It is standard for motorcycle accident lawyers to work on a contingency basis. This means they don’t get paid until you get paid for your case. The attorney will also cover any upfront costs for things like paying the experts for their time spent testifying in court on your behalf.
Therefore, a motorcycle accident lawyer has every reason to work their hardest and maximize the compensation you receive for your personal injury case.
Have a story to tell? We’d love to help.
Call 714-468-5663 and tell us your accident story today, and we’ll happily explain your legal options at no cost.
How Do I Get the Most Money Possible in a Compensation or Settlement?
Follow the steps below to ensure that you are awarded the maximum settlement in your case.
1. Call the Police
California law requires drivers to call the police if anyone has suffered ANY injury as a result of the accident, no matter how minor. As such, even minor complaints of pain legally obligate drivers to notify the police of their accident. The authorities will record the details of your accident in their police report and help you get medical or roadside assistance if you haven’t already. The police will also help ensure that the other driver cooperates if they are at fault for the accident.
2. Take Pictures and Collect Info from Everyone
No pictures or eyewitnesses means no proof. You MUST gather evidence while it is still fresh, and even the most detailed accident reports written by the police will commonly be missing information that could help your case.
You, a loved one, or your attorney should collect the following while at the scene of the accident:
Pictures of all vehicles, damages to them, all injuries suffered, AND the location and current road conditions of the accident (wet, icy, pothole, etc).
The name of everyone in all vehicles, including passengers.
The other driver’s name, phone, address, and driver’s license (taking a photo of the license is often easiest)
The other driver’s insurance information, including the license plate number
The name, phone number, and address of any witnesses.
While not immediately urgent, it can prove very helpful to gather quick statements from the witnesses, as well as dashcam or helmet-cam footage from nearby drivers and surveillance camera footage from nearby establishments. Video footage is often subject to regular and frequent deletion until owners are put on notice to preserve evidence.
3. Seek Medical Care
Motorcycle riders have less protection than car drivers, which results in more severe injuries or even fatalities happening on average to bikers. This makes it even more important to see the doctor immediately after any accident.
Even if you don’t feel any injuries right after the crash, your adrenaline can mask your symptoms for a long time after your accident. Deeper injuries such as Traumatic Brain Injuries (TBI) or Spinal Cord Injuries may go unnoticed for weeks after your accident too.
To ensure a successful case, you need documentation for all your injuries, regardless of whether you feel them or not at the scene of the crash. If you or your lawyer file a lawsuit without discovering an injury, your case’s maximum compensation will be impacted.
4. Call an Accident Lawyer
The most important thing to do is to never talk to the other driver’s insurance company until you have consulted with a lawyer. Insurance companies will employ any number of underhanded tactics to force you to admit fault or minimize how much they'll pay for your claim.
The best motorcycle accident attorneys are the ones that know the system and are prepared to fight back against these dirty strategies as well as the stigma that bikers face.
Contact the attorneys of Win Nguyen Law or call 714-468-5663 to book a FREE consultation with lawyers who have spent over a decade learning and countering the manipulative tactics of insurance companies.
5. Contact Your Insurance Company
Obtaining fair and just compensation for your accident case from the other driver or their insurance will take anywhere from 1 to 4 years on average. That’s why, after contacting your lawyer to tell them about your accident, the lawyer will try and help you with the rest of the accident process, which includes speaking to your insurance company.
It is common for most auto insurance policies to set aside a percentage of its funds to help cover medical expenses caused by an accident. A qualified attorney can help you get as much as possible from your insurance company before you start the legal process against the other driver.
Motorcycle Accident Lawyers Near Me
Win Nguyen Law is proud to serve communities all over the Southern California area, including Los Angeles and Orange County. Obtaining specialized legal representation with a proven track record of winning cases is just a phone call or text message away.
The attorneys of Win Nguyen Law regularly travel to meet clients in their homes or close to their homes. Reach out for a free consultation if you’re unable to travel to our offices in Orange County, and we’ll send out a qualified attorney to discuss your case as soon as possible.
Don’t wait to win! Click the button below to find a personal injury lawyer who can compassionately understand your case and dedicate themselves to maximizing your rightful compensation.
or Call 714-468-5663
Who is Win Nguyen Law?
Win Nguyen Law is a law firm based in Orange County, California founded by Jim T. Nguyen, and staffed by Jim and his fellow attorney Julie H. Chen.
With decades of collective experience in the legal field, Jim and Julie have helped the people of Los Angeles and Orange County learn their legal rights and win their deserved compensation for a variety of injuries, which include car accidents, truck and other vehicle accidents, slip and fall, dog bites, medical malpractice, and wrongful death. They are widely known and appreciated for their strong problem solving skills and compassionate, honest approach to proving their clients’ cases to both insurance representatives and juries alike.
When they have free time, Jim likes to hit the gym, travel the world with his girlfriend, and volunteer alongside his police and firefighter friends at events, while Julie enjoys trying new food and drinks, going to concerts, and spending precious time with her husband and her two daughters.
Jim Nguyen, Julie Chen, the Law Offices of Jim T. Nguyen, and Win Nguyen Law are licensed to practice law in California.
