The Oakland area has some of the world’s most scenic routes for motorcycle riding. However, these highways can also present serious risks. In California, motorcycles make up 3% of all registered vehicles, yet 13% of traffic fatalities are motorcyclists.
California has seen a significant increase in motorcycle accidents over the past few years. It is estimated that per mile traveled, the number of deaths from motorcycle accidents is 24 times that of car accidents.
Motorcycle accident victims are likely to suffer more severe injuries and death than a driver or passenger of any other type of vehicle. This disparity is due to the motorcycle’s small size and weight, and the lack of protection compared to vehicle occupants.
Motorcycle accidents frequently cause serious injuries that require long-term medical care and may lead to permanent disabilities. You may feel overwhelmed by the stress of your recovery process, mounting bills, and concerns about how you will support your family.
Our attorneys represent individuals in claims for injuries arising from motorcycle accidents. A motorcycle accident lawyer in Oakland can provide representation throughout the insurance and litigation process. Jacoby & Meyers is available to discuss your legal options as permitted under California law.
With more than 50 years of experience in California personal injury law, our firm provides an informed perspective on how insurance providers evaluate and contest claims. Our attorneys investigate the facts of each accident to identify contributing causes and potentially liable parties as a basis for pursuing a recovery available under the law.
Contact us at (510) 616-9169 or visit our contact page to request a consultation at no initial cost. During this meeting, we will review the facts of your case, discuss your legal rights under California law, and outline the procedural steps involved in pursuing a recovery based on your specific circumstances.
Common Causes For Oakland Motorcycle Accidents
California has more than 800,000 registered motorcycle riders. We have great weather for riding and lots of beautiful routes to explore.
However, motorcycle riders face an increased risk of serious injury in a crash. Some of the most common causes of motorcycle accidents in the Oakland area include:
- Head-on collisions with passenger vehicles. These make up more than half of motorcycle deaths.
- Speeding. Speeding causes about one-third of all motorcycle accident fatalities.
- Lane splitting. While legal in California, it may cause crashes.
- Left-turn accidents. These accidents make for over 40% of all motorcycle accident crashes.
- Driving under the influence. Driving while under the influence of alcohol or drugs is a cause of many motorcycle crashes.
- Road hazards. Slick pavements, potholes, and debris on the road can affect motorcycle accidents more often than larger vehicles.
Motorcycle accidents can have numerous causes. In many crashes, passenger vehicle drivers report not seeing the motorcyclist. It’s important to remember that motorcycles may be in a driver’s blind spot or less visible due to size.
Regardless of the cause of your motorcycle accident, you may benefit from speaking with an experienced Oakland motorcycle accident attorney. Even if you believe you were partially at fault in the accident, you may still be able to recover from other responsible parties.
Proving An Oakland Motorcycle Accident Claim
You must prove four specific legal elements to pursue an Oakland motorcycle accident claim. By a preponderance of evidence, you must show that:
- The defendant owed you a duty of care.
- The defendant breached the duty of care through negligent, reckless, or intentional actions or inactions.
- The defendant’s breach proximately caused your injuries.
- You sustained actual damages caused by the defendant’s breach.
These elements can be challenging to prove. An experienced Oakland motorcycle attorney can help gather and present evidence relevant to each element.
The attorneys at Jacoby & Meyers carefully evaluate motorcycle accidents to identify possible causes and potentially liable parties. We work quickly to gather and preserve relevant evidence before it is lost, destroyed, or diminished.
Some of the types of evidence we may use include:
- Medical records to substantiate the severity of your injuries
- The official police report of the accident
- Photographs and video footage of the accident scene and your injuries
- Dashcam video
- Area surveillance video
- Eyewitness testimony
- Expert witness reports and testimony (such as accident reconstructionists, medical experts, or economic experts)
- Information from the electronic data recorder (EDR), also known as the black box
- Pay stubs or tax returns to prove lost wages
- Your helmet, clothes, and bike that were involved in the accident
These are just some pieces of evidence we may use to prove your injuries. Each motorcycle accident is unique, and our attorneys will determine the most helpful evidence for your specific case.
What If You Are Partially At Fault?
Many motorcycle accident victims incorrectly assume they cannot pursue a recovery if they were partially at fault. Under California’s pure comparative negligence standard, you may still pursue a claim for damages; however, any recovery will be reduced by your own percentage of responsibility for the incident. Our attorneys provide an evidence-based evaluation of liability to determine how this rule applies to your specific case..
Under California’s pure comparative negligence standard, multiple parties involved in a motorcycle accident may be assigned a percentage of fault. While you may pursue a recovery for your documented losses even if you are partially responsible, your total award will be proportionally reduced by your assigned percentage of fault. Our attorneys focus on establishing the facts of liability to ensure responsibility is allocated accurately under the law.
Your damages will be reduced by any amount of fault assigned to you. For example, if you are found to be 40% liable for an accident and your damages award is $100,000, you would receive $60,000 because the percentage of your assigned fault (40%) was deducted from the total.
Insurance companies may dispute fault and the value of a claim. An Oakland motorcycle lawyer can help present evidence addressing these issues.
We work tirelessly to evaluate liability, respond to insurance positions, and pursue resolution through discussions or court proceedings when appropriate.
Schedule a Free Consultation With an Oakland Motorcycle Accident Lawyer
Motorcycle accidents can result in serious injuries and significant disruption
If you have been injured, you may wish to consult with an Oakland motorcycle accident lawyer about your legal options. Jacoby & Meyers represents injury victims throughout California.
Our Oakland personal injury attorneys have over 50 years of experience handling California motorcycle accident claims.
Contact us at (510) 616-9169 or complete the short form on our contact page to schedule a free consultation to discuss your case. We will listen, answer your questions, and explain your rights.
If we represent you, we will investigate your accident thoroughly and identify potentially responsible parties in support of your claim.
Our Oakland Office
Jacoby & Meyers Accident & Injury Lawyers – Oakland
66 Franklin St Suite 300,
Oakland, CA 94607