Orange County Motorcycle Accident Lawyer
TABLE OF CONTENTS
Motorcycle accidents can be a serious, life-altering event for the biker. You were in a motorcycle accident in Orange County.
We understand what youāre going through. A devastating traffic accident may cost the biker thousands in motorcycle repairs, and potentially even more in medical bills and lost wages, not to mention surviving physical & emotional trauma.
Being the victim of a motorcycle crash as the result of a negligent, reckless driver is something our firm takes very seriously. Crockett Law Group (d/b/a āText Kevin Accident Attorneysā) of Orange County, lead by top-rated, award-winning injury attorney, Kevin Crockett, has personally handled over 1,000 car accident cases, and recovered millions in settlements and verdicts.
Kevin and his team of experienced motorcycle accident lawyers are ready fight to win your insurance claim, and bring justice to you and your family. We fully understand how the strain, emotionally and financially, a motorcycle accident can be. As Orange County motorcycle accident lawyers, weāre committed to helping you obtain compensation from an at-fault driver.
Contact the Crockett Law Group in Orange County today for a free case evaluation by calling us 24/7 at (888) 965-3827Ā orĀ sending us a secured message here.
TABLE OF CONTENTS
What Are the Motorcycle Helmet Laws in Orange County?
California Vehicle Code Section 27803 requires both drivers and passengers to wear a safety helmet when riding on a motorcycle, motor-driven cycle, or motorized bicycle. A helmeted driver who rides with a passenger who is not helmeted may be cited. Similarly, a helmeted passenger who rides with a driver who is not helmeted may also be cited. To āwear a safety helmetā means the helmet is fastened to your head with straps and is of a size that fits your head securely without excessive movement. The helmet must also meet minimum standards set by the Department of Transportation (DOT). The DOTās minimum standards can be found in the Federal Motor Vehicle Safety Standard 218:
- Design/Style of Helmet: helmets cannot have rigid protrusions that extend farther than one-fifth of an inch from the surface of the helmet.
- Weight of Helmet: helmets should generally weigh about three pounds.
- Inner Liner Thickness: helmets should have an expanded polystyrene inner liner that is at least Ā¾-inch thick.
- Sturdy Chin Strap and Rivets: helmets should have sturdy chin straps held in place by solid rivets.
Keep in mind that a legal motorcycle helmet will have a āDOTā certification label on the back of the helmet.
Is It Legal for a Motorcycle to Split Lanes in Orange County?
California Vehicle Code Section 21658.1 defines ālane splittingā, also known as lane sharing or filtering, as riding a motorcycle ābetween rows of stopped or moving vehicles in the same lane.ā Lane splitting is not illegal in the state of California. However, motorcyclists must still obey speed limits and lane split responsibly. TheĀ California Highway PatrolĀ has adopted guidelines for motorcyclists to consider, such as the following:
- Be mindful that danger increases as your speed increases
- Be mindful that danger increases as the speed differential increases between your motorcycle and the vehicles around you
- Itās safest to split between the far left lanes of traffic
- Try not to lane split next to large vehicles like big rigs and buses
- Try to avoid riding your motorcycle in a driverās blind spot
- Be visible by wearing brightly colored and reflective protective gear
- Be visible by using your high beams during the day
Although lane splitting is not illegal in California, it does provide fodder for the at-fault driverās insurance company to dispute liability for the accident. In that case, itās probably best that you contact an experienced motorcycle accident lawyerĀ near Orange CountyĀ to help you fight back against the insurance company.
What Are the Main Causes of Motorcycle Accidents?
Motorcycle accidents can happen for any number of reasons, but these are some of the main causes we typically see: Unsafe speed. Speeding increases the risk of any kind of accident, and a motorcycle accident is no exception. 16.1 percent of motorcycle accidents are speed-related.
What Should You Do Immediately After an Orange County Car Accident?
- Improper turning: For example, a garbage truck intending to make a turn might go out wide and into the motorcyclistās path of travel.
- Improper passing: Passing on the right is dangerous and should be avoided.
- Automobile right-of-way: Even motorcyclists have to yield the right-of-way to traffic that is oncoming. With that being said, if an automobile is turning left and a motorcyclist is turning right, the automobile must yield the right-of-way to the motorcyclist by letting him finish his right turn.
- Alcohol or drugs: Motorcycling is inherently dangerous as it is, so riders certainly need all of their faculties while operating this machine. 7.6 percent of motorcycle accidents involved alcohol or drugs.
- Hazardous weather conditions: When the roadway is slippery, accidents are more likely to occur.
- Unsafe lane changes: A motor vehicle driver intending to change lanes might fail to check his blind spot and accidentally hit a motorcyclist with his car.
- Obstacles on the roadway: A motorcyclist or a car might veer to the side in an effort to avoid something that shouldnāt be in the roadway.
- Inexperienced riders: The motorcyclist might be new to riding and lacks training. Worse yet, he might not even be properly licensed.
- Lane splitting: Although the practice is legal in California, it can still be a dangerous activity.Ā
What an incredible journey with this legal networking in regards to my motorcycle accident. A driver in a car took a 45 degree 3 lane cut into my lane ā¦ā¦ I woke up on the busy street about 20 feet from my bike. I was taken to trauma emergency room for 2 days. Kevin handled my case the next day of the accident and wow!ā¦what a case it turned in to! It had some curve balls thrown into it! Kevin definitely showed his passion for his clients as well as his passion for his job and career.
ā Alicia
Orange County
FURTHER READING
What Should I Do After an Orange County Motorcycle Accident?
Weāve created a list of the chronological steps you should take after youāve been involved in a motorcycle accident: Take pictures first. Photographs accomplish two important things: they provide evidence of the extent of damages, and they help shed light on how the accident might have occurred.
- Get off the road. Itās important for you to move away from traffic and towards a place of safety.
- Call 911. Having a Traffic Collision Report will make it easier to open up a bodily injury claim.
- Collect information. Irrespective of the information a police officer might obtain, itās still important for you to try to collect as much information as possible about the parties involved, including names, addresses, driverās license numbers, license plate numbers, etc.
- Talk to witnesses. Liability is not always clear cut in motorcycle accidents, so try to collect the names and numbers of any person who might have seen how the accident occurred.
- Never admit fault. This will be held against you. You might say something that youāll regret once youāve had a chance to calm down and reflect on what just happened.
- Seek medical attention. If you feel pain, go see a doctor. If you donāt feel pain, still go see a doctor. Itās likely that youāve got adrenaline pumping through your veins that is masking your pain and itās better to be safe than sorry.
- Alert your insurance company. Most insurance policies require that you promptly notify them of an accident or else you risk losing coverage.
- Consult with an accident lawyer. Insurance companies have more resources than you do, so why not call in reinforcements to help fight back against these giants. Contacting an Orange County motorcycle attorney will help level the playing field for you.
What Is the Most Common Motorcycle Injury?
Road rash is easily the most common type of motorcycle accident injury there is. But beyond that, which body parts are affected will largely depend on whether you were wearing a helmet and protective gear at the time you were hit. For example, if you werenāt wearing a DOT approved helmet, youāre much more likely to sustain aĀ brain injury. Regardless of whether you were wearing protective gear, your body will probably be subject to multiple impacts. The other vehicle involved in the accident might have made contact with your body and not just your bike. Your body might subsequently sustain a second impact if you fall to the groundāand you likely will. Finally, your body might sustain additional impacts if you roll after falling to the ground. With each additional impact, the likelihood of injury increases exponentially. These are some of the most common injuries we see after a motorcycle accident, ranked in order of how common they are:
- Legs andĀ feetĀ ā The CDC found that 30 percent of motorcycle injuries were to the lower extremity. Out of this, the tibia and fibula are the most commonly broken bones in the lower extremity.
- Head andĀ neckĀ ā The CDC found that 22 percent of motorcycle injuries were to the head and neck. As youād probably expect, the incidence of head/facial injuries and traumatic brain injuries is less for helmeted riders as compared to non-helmeted riders. Sadly, only 57% of riders involved in motorcycle crashes are helmeted.
- Upper trunk ā This includes the chest, shoulders, and back.
- Arms andĀ handsĀ ā The radius and ulna are the most commonly broken bones in the upper extremity.
- Lower trunk ā This includes our hips and pelvis.
Of note, approximately 4% of motorcycle accidents are fatal and only about 17 percent of motorcycle accident victims walk away uninjured.
Motorcycle Road Rash Treatment
Road rash is where the outer tissue of your skin is ripped as a result of rubbing or scraping. Most of the time, road rash only results in a minor superficial abrasion, but it can also be severe when it becomes infected or turns into a scar. Road rash can occur as a result of being thrown from your motorcycle and onto the asphalt, cement, or other abrasive surfaces. If you subsequently drag against the ground, the likelihood of road rash increases. So, too, does the likelihood of road rash increase if youāre not wearing any motorcycle safety gear.
The type of treatment road rash requires depends on the degree of road rash youāve sustained:
First-Degree Road Rash
This type of injury is the least severe of the three and occurs when only the first layer of skin is damaged. The skin may look red and tender, but it can be safely treated at home.
Second-Degree Road Rash
This type of injury occurs when both the first and second layers of skin are damaged. The victim may experience bleeding, swelling, and radiating heat. Medical attention should be sought as soon as possible to decrease the risk of infection and minimize scarring that is likely to occur.
Third-Degree Road Ras
This type of injury is the most severe of the three and refers to all three layers of skin being damaged, leaving the muscle and bone beneath it exposed. This is extremely painful and takes a long time to heal. It requires immediate medical attention, which might include a skin graft. Scarring and permanent disfigurement can be expected.
Orange County Motorcycle Accident Statistics
Motorcycle accidents appear to be on the rise in Orange County. In 2012, Orange County had 977 victims killed or injured in motorcycle accidents. But by 2017, there were 1,272 motorcycle accidents that resulted in injury or death.
Thatās 1.3 times higher than they were just five years prior. The number of fatal motorcycle accidents that occur in California is even more alarming.
In 2018, there were 488 motorcycle fatalities in the state of California, 30 of which were caused in part by not wearing a helmet. Keep in mind that the total number of motorcycle fatalities in 2018 was just 4,985 for the entire United States. That means California was responsible for more than 10% of motorcycle fatalities in the year 2018.
Our dense population and crowded roads surely play a large role in why motorcycle accidents and fatalities are more likely to occur in California and Orange County in particular. But, Orange County also has some of the deadliest roads to ride your motorcycle on in the entire U.S., which brings us to our next topic of discussion.
Most Dangerous Road for Motorcyclists in Orange County
The Ortega Highway, also known as State Route 74, is known inĀ Orange County, CA, for being one of the most dangerous highways, especially for motorcyclists. This two-lane roadway stretches all the way from San Juan Capistrano in Orange County to Palm Desert in Riverside County. Itās a popular drive for motorcyclists because of how scenic it is. But its beauty comes with danger. What makes it so dangerous is its narrow width and sharp turns. Unsuspecting and inexperienced motorcyclists donāt realize this cruise down the Ortega highway at unsafe speeds. Most motorcycle accidents on this notorious highway could be avoided if the driver just slowed down. Consider the fact that in just theĀ first five months of 2020, the Ortega Highway has already seen 185 accidents and 3 fatalities. Thatās a lot of injuries and deaths for just one road. Ride safely and reduce your speed the next time youāre on this treacherous road.
Does Health Insurance Cover Motorcycle Accidents?
If you were injured in a motorcycle accident and have health insurance, you could have your health insurance pay for medical bills related to your injuries. However, you need to know three things about this. The medical provider can choose not to bill your health insurance. Some medical providers, like hospitals, prefer to seek reimbursement from your accident claim if they know your injuries were caused by somebody elseās negligence. The reason why is because they think theyāll receive more money from your accident claim than they will from your health insurance company. This is especially true if you have public health insurance like Medicare or Medi-Cal who practically only pay providers pennies on the dollar for medical services. If this happens to you, you can submit the bill to your health insurance company yourself and see if the provider accepts payment. You will still be responsible for paying any co-pay, deductible, or co-insurance you may have under your health insurance policy. A co-pay is a fixed amount of money you have to pay out-of-pocket for a service covered by your health insurance. A co-pay for a doctorās visit or prescription medication is usually not very high, but it wonāt count towards your deductible.
A deductible is a fixed amount of money you have to pay out-of-pocket towards your medical bill before your health insurance kicks in and starts paying. For example, if you have a $1,000 deductible under your health insurance policy, then you have to pay the first $1,000 towards the covered services before your health insurance will start making payments. Co-insurance is the percentage of costs you pay for a covered service once youāve met your deductible. For example, if you have a 90/10 coinsurance split, then your health insurance pays 90% and you pay 10% of the costs. Your health insurance will seek reimbursement from your motorcycle accident settlement. This is called āsubrogation.ā This is shocking to a lot of our clients, but hereās why it makes sense. The defendant is reimbursing you for your pain and suffering and for your medical bills. But if your health insurance already paid for your medical bills, then youād be getting a double recovery by pocketing the rest. The law doesnāt allow for this.
What Is the Average Settlement for a Motorcycle Accident in California?
The value of your injury claim for your motorcycle accident will depend on a number of factors, such as the following:
- Whether there was a brain injury
- Whether there were anyĀ broken bones
- Whether there were any torn ligaments
- Whether surgery was required or recommended
- Whether there was anyĀ scarring
- The cost of your past and future medical treatment
- Whether there was any lost earning capacity
- Whether the claim settles pre-suit or after a jury trial
According to Jury Verdict Research, which is published by Thomson Reuters, the median jury verdict for a motorcycle accident injury claim was $73,700 between the years 1999 to 2006. Itās important to point out a few things about this number.Ā Jury verdicts tend to be higher than pre-suit settlements, so the average motorcycle settlement amount might actually be lower. On the other hand, this research was compiled nationally whereas jury verdicts tend to be higher in California than in most of the rest of the country, so the average motorcycle settlement amount might actually be higher here.
Local Result
A Female Motorcyclist Hit by a Lane-Changing Vehicle on the Freeway Got $172,250 Settlement for Shoulder Injury
Case Type
Motorcycle Accident
Location
California
Settlement
$172,250.00
Should I Get a Lawyer for a Motorcycle Accident?
You should definitely hire a lawyer after being involved in a motorcycle accident. There is a lot to deal with after being involved in any accident and itās nice to have someone in your corner who can help point you in the right direction and fight beside you. Consider all of these other reasons to hire a lawyer after a motorcycle accident:
You Can Focus on Recovery
Being injured is stressful enough without the added hassle of having to talk to insurance adjusters about a subject you know little about. Let your attorney deal with the insurance companies while you heal.
Your Lawyer Can Help Protect Your Legal Rights
The fact of the matter is that you donāt know what you donāt know and insurance carriers can be sneaky. For example, some insurance companies have been known to ask claimants to sign a release for āall claimsā when they settle their property damage claim. The unsuspecting injury victim just gave up their right to pursue the at-fault driver for their bodily injury claim without even knowing it. Hiring an attorney can ensure that doesnāt happen.
Your Attorney Can Help Get You In Touch With the Right Medical Providers
If you donāt have any health insurance, you probably canāt afford to pay for expensive doctors visits out of pocket. Even if you do have health insurance, you might have trouble getting referred to the right doctors. An attorney can help facilitate that.
Attorneys Know the Law
California is a comparative liability state, which means you can recover compensation even if you were partially at fault for an accident. Iāve seen a lot of insurance companies deny any liability whatsoever until our firm gets involved and forces them to accept partial responsibility for the accident.
Having a Lawyer Increases Your Chance of a Larger Settlement
Insurance companies often pressure unrepresented claimants to settle quickly before they have an opportunity to understand the extent of their injuries and hire an attorney. Thatās because the insurance adjuster knows theyāll end up paying out more money the minute you hire a lawyer.
Contact an Orange County Motorcycle Accident Attorney Today
As motorcycle accident injury lawyers, we regularly represent the interests of victims who have been treated unfairly by an insurance company. Crockett Law Group is committed to handling your injury claim from start to finish and will fight to make sure that you receive the money you deserve. If youāve been injured as a result of a motorcycle crash, contact Crockett Law GroupĀ to speak with our lawyers in Orange County atĀ (888) 965-3827.
ORANGE COUNTY OFFICE LOCATIONS
Anaheim Office
617 S Harbor Blvd, Unit AāØ
Anaheim, CA 92805
Santa Ana Office
106 W 4th St, Ste 315āØ
Santa Ana, CA, 92701
Irvine OfficeāØ
7700 Irvine Center Dr, Ste 400
Irvine, CA 92618
Kevin received both his bachelorās degree and law degree from the University of California, Irvine. He is the managing partner of Crockett Law Group and is recognized as a standout in plaintiffsā litigation for personal injury law by Best Lawyers, the oldest and most respected legal peer-review publisher. Kevin has written for several law magazines and is an award-winning car accident lawyer in California.
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I'm Kevin Crockett, your Irvine based personal injury lawyer at Crockett Law Group. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in Orange County.
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About
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About
I'm Kevin Crockett, your Anaheim based personal injury lawyer at Crockett Law Group. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in Orange County.
Services
- Free consultĀ
- Onsite services
Language
- English fluent
- Spanish fluent
- Vietnamese fluent
Accessibility
- Wheelchair accessible
Amenities
- Restroom
- Free parking
Crowd
- LGBTQ+ friendly
Availability
- Open 24 hrs.
Overview
Reviews
Photos
Services
About
Reviews
Photos
Services
- Car Accident Lawyer
- Personal Injury Lawyer
- Truck Accident Lawyer
- Slip and Fall Lawyer
- Motorcycle Accident Lawyer
- Wrongful Death Lawyer
- Dog Bite Lawyer
- Bicycle Accident Lawyer
- Catastrophic Injury Lawyer
- Pedestrian Accident Lawyer
- Traumatic Brain Injury Lawyer
- Spinal Cord Injury Lawyer
- Uber Accident Lawyer
- Burn Injury Lawyer