Cruising the scenic routes of Oakland, like Skyline Boulevard, Redwood Road, or Grizzly Peak Boulevard, can be exhilarating. But it also comes with unforeseen risks. Motor vehicle accidents can happen to anyone. When they involve motorcycle riders, the resulting injuries can be devastating and the medical treatment, costly. If a driver’s negligence caused your injuries, you shouldn’t be stuck paying your own medical bills and related expenses. An Oakland motorcycle accident lawyer from Galine, Frye, Fitting & Frangos, LLP, can explain your rights and options for financial recovery during a free, no-obligation consultation.
Why Choose Our Firm for Your Motorcycle Accident Claim?
As attorneys who represent motorcycle accident victims in Oakland, we can tell you that police reports are often slanted against motorcyclists. Even when the evidence points to negligence on the part of the person in the four-wheeled vehicle, there is a strong tendency to blame the victim.
At the law firm of Galine, Frye, Fitting & Frangos, our lawyers stick up for the rights of motorcycle riders in Oakland and throughout the Bay Area. Our personal injury lawyers have over 75 years of combined experience representing accident victims in Oakland and throughout the Bay Area. Through the years, we have recovered millions of dollars in compensation for our clients.
If you or a loved one suffered serious injuries as a rider or a passenger in a serious motorcycle accident, contact us today for a free consultation. Our dedicated team of Oakland motorcycle accident attorneys is here to provide you with the support and legal guidance you need.
Do I Have a Motorcycle Accident Case?
Negligence is a fundamental concept in personal injury claims, including motorcycle accident cases. It refers to the failure of an individual or entity to exercise reasonable care in a situation where they have a duty to do so, leading to harm or injury to another person. To establish a successful motorcycle accident case based on negligence, the following four elements must typically be proven:
- Duty of Care: The first element involves demonstrating that the at-fault party (usually the defendant) owed a legal duty of care to the injured party (the plaintiff). In the context of a motorcycle accident, all road users, including motor vehicle drivers, owe a duty to operate their vehicles safely and responsibly.
- Breach of Duty: The plaintiff must show that the defendant breached their duty of care. This means proving that the defendant's actions or failure to act fell below the standard of care that a reasonably prudent person would have exercised under similar circumstances. For example, if a driver failed to yield the right-of-way to a motorcyclist when required by traffic laws, it could be considered a breach of duty.
- Causation: The plaintiff needs to establish a direct link between the defendant's breach of duty and the injuries suffered. In other words, they must prove that the defendant's actions or negligence directly caused the motorcycle accident and subsequent injuries. This can be a complex aspect of the case, as it involves showing that the injuries would not have occurred "but for" the defendant's actions.
- Damages: Finally, the plaintiff must demonstrate that they suffered actual damages as a result of the motorcycle accident. Damages may include physical injuries, medical expenses, property damage, lost wages, pain and suffering, and more. Without quantifiable damages, a negligence claim may not be successful.
To have a successful motorcycle accident case, all four elements of negligence must be proven by a preponderance of the evidence, meaning that it is more likely than not that the defendant's negligence caused the plaintiff's injuries. Consulting an experienced personal injury attorney is crucial to navigating the complexities of establishing negligence and pursuing a successful claim.
Common Motorcycle Accident Injuries
Motorcycle accidents can result in a wide range of injuries, some of which can be severe and life-changing due to the limited protection that motorcyclists have compared to occupants of cars or other vehicles. Common motorcycle accident injuries include:
- Road Rash: Road rash occurs when a motorcyclist's skin makes contact with the road's surface during a crash. It can range from mild abrasions to deep and severe lacerations, potentially leading to infections.
- Fractures and Broken Bones: Motorcyclists often suffer fractures and broken bones, particularly in the extremities, such as arms, legs, wrists, and ankles. These injuries can vary in severity.
- Head Injuries: Traumatic brain injuries (TBI) are a significant concern in motorcycle accidents, even when riders wear helmets. Concussions, skull fractures, and other head injuries can lead to long-term cognitive impairments.
- Spinal Cord Injuries: Spinal cord injuries can result in partial or complete paralysis, depending on the location and severity of the injury. These injuries can have lifelong consequences for the victim.
- Internal Injuries: Internal injuries, such as organ damage or internal bleeding, can occur due to the force of impact during a motorcycle accident. These injuries may not always be immediately apparent and require prompt medical attention.
- Soft Tissue Injuries: Soft tissue injuries involve damage to muscles, tendons, ligaments, and other non-bone structures. Sprains, strains, and tears are common in motorcycle accidents.
- Burns: Motorcycle accidents can lead to burns if the motorcycle catches fire or if the rider makes contact with hot engine parts or road surfaces. Burns can range from first-degree (superficial) to third-degree (full-thickness) burns.
- Facial and Dental Injuries: Facial injuries, including fractures and dental trauma, can result from impacts with the ground, other vehicles, or debris during an accident.
- Psychological Trauma: Motorcycle accidents can also cause emotional and psychological trauma, such as post-traumatic stress disorder (PTSD), anxiety, depression, and other mental health issues.
- Amputations: In severe accidents, limb amputations may be necessary due to crush injuries or extensive tissue damage.
The severity of these injuries can vary widely depending on factors like the speed of the motorcycle, the use of protective gear, the type of collision, and the overall circumstances of the accident. Seeking immediate medical attention and legal advice after a motorcycle accident is crucial to ensure the best possible outcome for the injured party.
What Compensation is Available in Motorcycle Accident Claims?
In a motorcycle accident claim, compensation may be available to the injured party (the plaintiff) for various types of losses and damages resulting from the accident. The specific compensation available can vary depending on the circumstances of the accident, and the severity of injuries.
Injured parties need to consult with an experienced motorcycle accident lawyer who can assess their case, negotiate with insurance companies, and advocate for their rights to seek fair and just compensation.
Common types of compensation that may be sought in a motorcycle accident claim include:
Medical Expenses
Compensation may cover past and future medical bills, including hospitalization, surgery, rehabilitation, prescription medications, physical therapy, and other necessary medical treatments related to the injuries sustained in the accident.
Property Damage
If the motorcycle was damaged or totaled in the accident, compensation can be sought to repair or replace the motorcycle, as well as other personal property damaged in the collision.
Lost Wages or Income
If the injured motorcyclist is unable to work due to their injuries, they may be entitled to compensation for lost income, including wages, bonuses, and other employment-related benefits.
Loss of Earning Capacity
In cases where the injuries result in a long-term or permanent disability that affects the plaintiff's ability to work and earn a living, compensation may be awarded to account for diminished earning potential.
Pain and Suffering
Non-economic damages, such as physical pain, emotional distress, and loss of enjoyment of life, may also be compensable. Calculating these damages can be more subjective, and they often vary depending on the severity of the injuries and their impact on the plaintiff's life.
Disability and Disfigurement
Compensation may be provided for permanent disabilities, disfigurement, or scarring resulting from the motorcycle accident.
Loss of Consortium
In some cases, spouses or family members of the injured party may seek compensation for the loss of companionship, support, or the inability to enjoy a normal marital relationship due to the injuries.
Wrongful Death Damages
In the tragic event of a fatal motorcycle accident, surviving family members may pursue compensation for funeral expenses, loss of financial support, and the emotional suffering resulting from the loss of a loved one.
INVESTIGATING MOTORCYCLE ACCIDENTS IN OAKLAND
Most car-motorcycle crashes occur because the driver of the car:
- Made a left-hand turn in front of the motorcycle
- Pulled out or backed onto a road in front of the motorcycle
- Ran a red light or stop sign
In most cases, there is nothing the motorcyclist could have done to avoid the accident. To collect and preserve evidence of liability, our attorneys get investigators to crash scenes quickly and we hire experts who can find clues in the skid marks, accident debris, and vehicle damage. If the car is equipped with a “black box” data recorder, we will examine it for evidence of what the driver was doing in the moments before the crash.
In a recent accident case, the police department concluded that our client, the injured motorcyclist, was 100 percent at fault for the accident. We hired investigators, interviewed witnesses, and retained accident reconstructionist experts.
In the end, the insurance company paid $3.8 million to the motorcycle accident victim to settle the case.
How Can a Lawyer Help with My Oakland Motorcycle Accident Case?
An Oakland motorcycle accident attorney can play a crucial role in helping with your Oakland motorcycle accident case by providing various valuable services and support. Here are some ways a lawyer with Galine, Frye, Fitting & Frangos can help you:
Legal Knowledge
Our personal injury lawyers have in-depth knowledge of relevant laws, regulations, and legal principles. They can apply their knowledge to your case to ensure you receive the maximum compensation you deserve.
Investigating the Accident
Our lawyers can conduct a thorough investigation into the circumstances surrounding the accident. This may involve gathering evidence, interviewing witnesses, obtaining police reports, and consulting accident reconstruction experts to establish liability.
Identifying Liability
Determining who is at fault for the accident is a critical aspect of your case. Our lawyers can assess the evidence to identify and establish liability against the responsible party or parties, such as other drivers, road maintenance entities, or manufacturers of defective motorcycle parts.
Handling Insurance Claims
Dealing with insurance companies can be complex and challenging. An attorney from our firm can communicate with the at-fault party's insurance company and your own insurance provider, negotiating on your behalf to secure a fair settlement.
Calculating Damages
Our lawyers can help you accurately assess the full extent of your damages, including medical expenses, lost income, property damage, pain and suffering, and other losses. This ensures that you seek appropriate compensation.
Building a Strong Case
Our attorneys can compile and organize evidence, medical records, witness statements, and expert opinions to build a strong case in your favor. They will present this evidence convincingly in negotiations or court proceedings.
Negotiating Settlements
Many personal injury cases are resolved through negotiations with the opposing party or their insurance company. Our lawyers can skillfully negotiate to secure a fair settlement that meets your needs and avoids the need for a trial.
Trial Representation
If a fair settlement cannot be reached through negotiation, your Oakland motorcycle accident attorney can represent you in court. They will prepare and present your case to a judge and jury, advocating for your rights and pursuing a favorable verdict.
Legal Guidance and Advocacy
Throughout the legal process, your attorney will provide guidance, answer your questions, and protect your interests. They will ensure that you understand your options and make informed decisions about your case.
Contingency Fees
Our personal injury attorneys work on a contingency fee basis, meaning they only get paid if they secure a settlement or win a verdict for you. This arrangement can alleviate financial concerns and make legal representation accessible to more people.
Contact Our Oakland Motorcycle Injury Lawyers Today!
At Galine, Frye, Fitting & Frangos, we are dedicated to serving the motorcycle riding community in Oakland and helping injured motorcyclists with their claims for compensation. Our experienced team of attorneys is committed to providing you with the legal representation and support you need after a motorcycle accident. Your well-being is our top priority, and we understand the unique challenges you may face on the road.
If you've been involved in a motorcycle accident and need a trusted ally to fight for your rights and secure the compensation you deserve, don't hesitate to reach out
Contact us 24/7 at (650) 345-8484 or leave a message online to learn how Oakland motorcycle accident lawyers can help. The sooner we can investigate your motorcycle crash, the better your chances of recovering full damages.