Best Motorcycle Accident Lawyers in Sunnyvale

FAQs

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

  408-730-7180 is the non-emergency contact number for the Sunnyvale Police Department.

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

  You can obtain a copy of a traffic accident report by visiting the Department of Public Safety Headquarters or requesting it online, https://buycrash.lexisnexisrisk.com/ui/agency-search?. Only those specified in 20012 VC may receive traffic reports.

• Is it necessary to report all Sunnyvale motorcycle accidents?

  All motorcycle accidents involving injuries in Sunnyvale must be reported within 24 hours to the police department where the accident occurred or to the California Highway Patrol. Both the driver and the motorcycle operator must also file a report with the California Department of Motor Vehicles within 10 days of any accident that resulted in injury, death, or $1,000 or more in property damage.

• Can people recover damages in a motorcycle accident in Sunnyvale if they were not wearing a helmet?

  A motorcycle accident victim in Sunnyvale who was not wearing a helmet at the time of the accident is still entitled to compensation if the other driver was at fault. The percentage of fault will be divided between the victim and the other party under California's comparative negligence rule. The percentage of fault assigned to an injured motorcycle rider may reduce the gross recovery amount.

• What are the specific laws that apply only to motorcyclists in Sunnyvale?

  Motorcycle riders under the age of 21 in Sunnyvale are required by law to obtain a learner's permit before applying for a license. California Vehicle Code 27803 requires motorcycle drivers and riders to always wear helmets that meet the Department of Transportation's standards. In 2016, California Governor Edmund G. Brown Jr. signed California Assembly Bill 51, which legalized motorcycle lane splitting.

• Who is at fault in a motorcycle accident involving lane splitting in Sunnyvale?

  If the Sunnyvale motorcyclists were following safe lane splitting guidelines when the other driver caused the accident, the motorists will be held liable, not the Sunnyvale motorcyclists. If the Sunnyvale motorcyclists did not follow the safe lane splitting guidelines, the fault will be shared between the Sunnyvale motorcyclist and the motorist under the comparative negligence theory. In 2017, the California Highway Patrol issued guidelines for safe lane-splitting practices, including not exceeding 10 mph faster than other vehicles while lane-splitting.

• How many motorcycle accidents occurred in Santa Clara County, where Sunnyvale is located, between 2020 and 2021, resulting in injuries and fatalities?

  Santa Clara County has some of California's most densely populated areas. Motorcycle enthusiasts can be found in San Jose, Mountain View, and Sunnyvale. In 2021, there were 277 motorcycle riders injured in collisions in Santa Clara County. Statistics show a decrease in the number of motorcycle accidents involving injuries in the same year. However, there had been a slight increase in fatal cases.

• 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.