Best Motorcycle Accident Lawyers in Oakland, CA

FAQs

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

  You may contact (510) 777-3333 of the Oakland Police Department for non-emergency situations.

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

  You can get a copy of the police report for the accident in Oakland by requesting it at the Records Division, 455 7th Street, Room 306. The Records Division accepts in-person requests every Monday to Friday between 8:00 am to 3:00 pm. However, if you wish to request the review, retrieval, or redaction of records, you need to establish a specific time to allow for the inspection of the records.

• What are the intersections in Oakland where motorcycle accidents commonly occur?

  Although motorcycle accidents can happen on any road in Oakland, the intersections between 38th Avenue and International Boulevard and 35th Avenue and International Boulevard are among the leading accident-prone areas in the city. Motorcycle accidents also happen at the intersection of 8th Street and Fallon Street.

• Can you file a claim if your spouse or domestic partner was killed in a motorcycle accident in Oakland?

  Yes, you can file a wrongful death claim in Oakland to seek justice and compensation for your spouse or domestic partner killed in a motorcycle accident. According to California's wrongful death laws, if you are a surviving family member, either a spouse, child, or domestic partner, you are allowed to file claims for damages. You are also entitled to file lawsuits if you are a successor to the property of the decedent.

• Can you hold the city or state liable for motorcycle accidents in Oakland?

  Yes, you can hold the city or state liable for motorcycle accidents in Oakland. You can file claims against these government entities for negligence in maintaining proper road conditions, leading to motorcycle crashes. In addition to filing lawsuits for insufficiently repaired roads, you can file motorcycle accident damage claims against the city or state that does not clean road repair materials on the road, including gravel, asphalt, and truck spills.

• What is the statute of limitation to file claims against Oakland public entities causing motorcycle accidents?

  Under California Law, filing administrative claims against government entities for motorcycle accident cases in Oakland should be within six months from the date of the incident. After filing, the government has 45 days to respond via mail or in-person delivery. If the government denies your claim, you have six months to file a lawsuit. However, if you have not received a rejection letter, California Law provides a two-year statute of limitation for you to file a lawsuit.

• What are the common causes of motorcycle accidents in Oakland?

  The common causes of motorcycle accidents in Oakland include drunk driving, poor road conditions, and defective motorcycle parts. Another cause of motorcycle accidents is when a driver gets distracted while driving for various reasons, including talking with passengers or using their mobile phones. These distractions can lead to unsafe lane changes and failure to check blind spots.

• 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.