Best Motorcycle Accident Lawyers in Oceanside, CA

FAQs

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

  The Oceanside Police Department can be reached at (760) 435-4900.

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

  Oceanside police reports can be obtained by:

  1. Visiting in person at 3855 Mission Avenue. Proceed to the Records Section with your photo ID.

  2. Sending a mail to Oceanside Police Department, Attention: Records, 3855 Mission Avenue, Oceanside, CA 92058.

  Please be informed that each report costs $5.50. The Records Section is open to the public from 8 AM to 5 PM, from Monday through Friday.

• How much can a person get in damages if they get injured in a motorcycle accident in Oceanside, California?

  Sadly, it is impossible to tell just how much you can expect to receive in compensation because there are so many factors to consider, such as:

  1. The out-of-pocket costs you've spent so far
  2. The nature of your injuries and how long you are expected to recover.
  3. Your prognosis
  4. The cost of your medication and therapy
  5. The impact the accident has left on your life by affecting your relationships, career, and overall enjoyment

• What kind of information can be used as evidence in a motorcycle accident in Oceanside, California?

  There are many pieces of evidence that can be used to help you build a strong case, some of which include:

  • Police or accident reports
  • Eyewitness statements
  • Medical records and/or toxicology results
  • CCTV/video footage
  • Debris, skid marks, and even the placement of the vehicle at the scene of the accident
  • Statements from accident reconstruction specialists who may be hired for exceptionally complex cases

• Should you speak to an insurer after an accident in Oceanside, California?

  An insurer reaching out to you after a motorcycle accident is to be expected, but you should be aware that they're only doing so to try to give you an offer that's way lower than what you should receive if you get the court involved. An out-of-court settlement usually does not factor in a lot of the expenses you've already made and the expenses you are still about to make in your journey of recovery. You are discouraged from agreeing to this, especially if you have not seen a doctor yet, as some injuries take time to manifest through pain. Bear in mind that while you do stand a chance to recover a much higher amount by taking the case to court, there is no guarantee that the jury will take your side, especially if you know that you contributed to the accident.

• Is it okay to leave the accident scene in Oceanside, California when someone has to go somewhere important?

  There is probably nothing more important at that moment than staying at the scene of the accident while waiting for authorities to arrive, especially if you've caused damage to properties and/or injured or killed people. If you truly are in a hurry, leave your contact information to the other driver or the owner of the property that was damaged. If you choose to leave without leaving any contact information, you may be charged with:

  1. A misdemeanor hit-and-run where you can be fined anywhere from 1,000 to 10,000 dollars, and spend up to one year in county jail.
  2. A felony hit-and-run, where you can be fined the same amount as above, but spend anywhere from 16 months to 4 years in state prison if death or serious injury occurred.

• Can a motorcyclist who was lane-splitting get sued in Oceanside, California, for causing an accident?

  They most definitely can, just not because of lane splitting. In the United States, California is the only state where you won't have the police tailing after you if you were lane splitting. That being said, just because it is not illegal does not mean that a motorcyclist is safe from being held liable. For instance, if they were speeding while in the middle of two cars and bumped into the motorcycle in front of them driven by a law-abiding motorist who was following the speed limit.

• 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.