Best Motorcycle Accident Lawyers in Oxnard

FAQs

• What is the non-emergency contact number for the local police station in Oxnard, California?

  The Oxnard Police Department’s non-emergency line is 805-385-7740.

• Where can you get a copy of the police report for the accident in Oxnard, California?

  Police reports become available five to seven days after the incident. To get a copy of your motorcycle accident report, go to the Oxnard Police Department website and click on “Traffic Collision Report.” You will need the Reference or Report Number to search for it. You can also purchase a copy by going to the police station located at 251 South “C” Street.

• What is the deadline to file a motorcycle accident claim in Oxnard?

  Based on California Code of Civil Procedure Section 335.1, personal injury claims must be filed within two years from the accident date. If you are pursuing legal action against a government entity in Oxnard, you must file an administrative claim within six months of the motorcycle crash. It is recommended that you pursue legal action as soon as possible and work with a motorcycle accident attorney to ensure all your filings are made within their deadline.

• What happens if you are partly at fault for a motorcycle accident in Oxnard?

  If you were partly at fault for a motorcycle accident in Oxnard, your compensation would be reduced in proportion to your percentage of liability. For example, if you have been awarded $50,000 in damages but were 20% at fault for speeding, your award will also be reduced by 20% to $40,000. This is based on the comparative negligence rule that Oxnard follows.

• How can not wearing a helmet affect your motorcycle accident claim in Oxnard?

  If you were not wearing a helmet and you suffered head injuries, your compensation may be reduced. It is illegal to ride a motorcycle without a helmet in Oxnard. The insurance company can argue that you would not have sustained head injuries or would have suffered less if you followed the helmet law.

• What damages can be recovered following a motorcycle accident in Oxnard?

  Motorcycle accident victims in Oxnard can claim for present and future economic and non-economic damages, including medical expenses, physical therapy, home modifications, lost income, disfigurement, and loss of enjoyment of life. If the victim passes away due to motorcycle accident injuries, the surviving heirs can make a wrongful death claim and recover funeral bills and loss of consortium.

• How much do motorcycle accident lawyers in Oxnard charge?

  Generally, motorcycle accident lawyers in Oxnard work on a contingency fee basis. They only collect fees if they successfully recover compensation for the client. A percentage—usually 33%—is taken from the plaintiff’s settlement or award as the lawyer’s payment. In this arrangement, most clients don’t have to make out-of-pocket payments.

• What does a motorcycle accident attorney do?

  Motorcycle accident attorneys provide legal advice, negotiate with insurance companies, and represent accident victims in and out of court. They investigate the cause of collisions, establish fault, value claims, prepare legal documents, and fight to recover adequate compensation for their clients. Most lawyers in this practice area also handle car and truck accidents and other personal injury claims.

• What is my motorcycle accident injury claim worth?

  Injured motorcyclists may be eligible for several types of compensation depending on their losses, state of residence, and level of fault. Whether or not they were wearing a helmet may also come into play. A lawyer can help to evaluate claims based on medical expenses, property damage, past and future lost wages, loss of earning capacity, pain and suffering, and emotional trauma.

• How long after a motorcycle accident can you claim an injury?

  The statute of limitations for personal injury claims is typically two years from the date of the accident. However, each state has its own rules. In Tennessee and Louisiana, for example, victims of motorcycle accidents have just one year to file a lawsuit. In Maine, Minnesota, and North Dakota, individuals have up to six years to initiate a claim.

• What is the average settlement for a motorcycle accident injury?

  Based on eight years of national data, the average verdict in motorcycle accident cases ranges from $74,000 to $560,000. Also note that the majority of claims are settled out of court. Riders may receive compensatory damages for medical bills, property damage, and lost wages, as well as general damages for emotional trauma, pain and suffering, and loss of consortium. Additionally, in states that follow a comparative negligence model, the plaintiff’s claim may be reduced according to his or her level of fault.

• What is the first thing I should do after a motorcycle accident?

  The steps that you take immediately after a collision can be instrumental in proving an accident or injury claim. In general, you should follow these guidelines:

  • Gather insurance and contact information from the other driver and any witnesses.
  • Contact law enforcement to report the collision and complete an accident report.
  • Document injuries, property damage, and road conditions.
  • Visit a doctor or hospital within 24 hours.
  • Avoid discussing the accident with the other driver or their insurance company.

  
  

• How does the motorcycle injury claim process work?

  Motorcycle accident cases typically start with an insurance claim. After documenting their client’s losses and establishing fault, attorneys generally prepare a demand letter requesting compensation from the other driver’s insurance company. It can take anywhere from one to six months for insurance adjusters to make a settlement offer. If the company denies the claim or the parties can’t reach an agreement, the lawyer can prepare a notice of intent to sue and file a formal lawsuit with the appropriate court.

• How do many motorcycle crashes happen?

  The most common causes for motorcycle collisions are drunk driving, exceeding the speed limit, and left turns. In 42% of all motorcycle collision fatalities, another vehicle turned left in front of an oncoming motorcycle. Motorcycle accidents are also caused by dangerous road conditions, such as crumbling pavement, debris in the road, and potholes. Other factors that contribute to motorcycle accidents include unsafe lane changes, sudden stops, lane splitting, inexperienced drivers, motorcycle defects, and car doors opened in the path of a motorcycle.

• How many motorcyclists get into accidents?

  In 2017, of the over 8 million motorcycle riders that year, approximately 89,000 were injured in motorcycle accidents and over 5,000 motorcycle collisions resulted in fatalities. The fatality rate for 100 million miles driven is 25.67, which is largely attributed to the lack of helmet use. Most fatal crashes involving motorcycles happened during the heaviest traffic times between 3 p.m. and 9 p.m.

• Are motorcycles more dangerous than cars?

  Motorcycles are more dangerous than cars because they lack any protection for the rider in the event of an accident. Motorcyclists are 27 times more likely to die in a crash and more than five times more likely to be injured than those riding in enclosed vehicles. Because of their small size, motorcycles’ lack of visibility is a major contributing factor in collisions with other vehicles. Motorcycles are also more vulnerable to weather conditions and road hazards than other automobiles.

• How do you check a motorcycle after a crash?

  For a minor crash with no injuries, the immediate danger is being struck again by oncoming traffic, so moving your bike off of the road as soon as possible is imperative. Check your mirrors, brake lights, headlight, and controls. You should also check to make sure there is no leaking fluid, such as fuel or oil.