Monterey Motorcycle Accident Lawyers
Monterey, California, has a lot to offer visitors and locals alike. With the various attractions, including Fisherman’s Wharf and Cannery Row, people are never at a loss for sites to see. However, the area has numerous busy roadways, including the Monterey-Salinas Highway and State Route 1. Many motorcyclists also ride their bikes on these main thoroughfares, and with more motorcyclists on the road comes the possibility of more accidents.
While some motorcycle accidents result from roadway defects, such as potholes and cracks, other accidents happen when negligent motor vehicle drivers cause their vehicles to strike a cyclist while on the road. If your injuries in a recent motorcycle crash resulted from another driver’s careless or reckless behavior, the Monterey motorcycle accident lawyers at Silva Injury Law are ready to help you.
Our experienced legal team has decades of combined experience settling motorcycle accident claims and lawsuits and handling these cases in the California court system. We can help you secure a favorable settlement offer from the insurance company or litigate your case to a conclusion in the courts.
Whatever you decide, we will ensure that the insurance company does not take advantage of you and that you recover monetary damages that truly and fairly compensate you for your injuries.
Contact our firm today for a free case evaluation and legal consultation with a knowledgeable and experienced Monterey motorcycle accident lawyer. We are ready to help.
What Are Some Common Causes Of Motorcycle Accidents In Monterey?
Motorcycle crashes typically happen when other people drive carelessly and recklessly. Below are only some reasons why motorcycle accidents occur and cause injuries in Monterey.
Blind Spot Crashes
One common cause of motorcycle crashes is vehicle blind spots. When drivers do not watch the road, they may fail to see a motorcyclist in their rearview or side view mirrors. Blind spot accidents also happen because motorcycles are very low to the ground. If a driver does not observe a cyclist in the vicinity, they may cut the cyclist off in traffic, negligently hitting the motorcycle and causing the rider to fall to the ground.
Another common cause of motorcycle crashes is distracted or inattentive driving. A distracted driver fails to watch the road. Instead, a driver might turn their head to discipline a young child sitting in the backseat, roughhouse with vehicle passengers, or answer a cell phone text message.
Other electronic devices in vehicles, like GPS navigation systems, may divert a driver’s attention away from the road. When the driver has their head turned, they may not see an approaching motorcycle and may inadvertently cause a collision that leaves the cyclist seriously injured.
Failing to Yield and Speeding
Moreover, failure-to-yield motorcycle accidents happen when drivers fail to yield the right-of-way to motorcyclists at the appropriate times—including at traffic intersections and on busy highways. When a passenger vehicle driver or truck driver cuts off a cyclist, they may inadvertently bring about a collision which causes the cyclist to suffer injuries.
Some motorcycle crashes happen when drivers violate posted speed limits. The driver who speeds may lose control over their vehicle, causing it to careen out of control and accidentally strike a cyclist.
Driving Under the Influence (DUI)
Motorcycle crashes may also occur when people drive intoxicated by alcohol or drugs. While minor drivers under 21 years of age and commercial drivers must follow stricter legal standards, passenger vehicle drivers are legally intoxicated with a blood alcohol concentration (BAC) of at least 0.08 percent.
Drivers under the influence of alcohol or drugs frequently experience limited reflexes, limited concentration, and delayed reaction time. Therefore, even if they see a motorcyclist on the road, they may lack the quickness to stop their vehicle in time to avoid a crash.
Finally, some motorcycle accidents happen when cities, counties, and municipalities fail to properly maintain roadways in their districts. They may also fail to remove debris from the roadway within a reasonable amount of time, or they may not make the necessary repairs to roadway defects within a reasonable time.
Consequently, cyclists may lose their balance, fall off their motorcycles, and suffer serious injuries. In these instances, the injured motorcycle rider can take legal action against the local municipality, seeking monetary compensation for their accident-related injuries.
If you or someone you love suffered injuries in a recent motorcycle accident, you can file a personal injury claim or lawsuit with the at-fault party’s insurance company.
The experienced Monterey motorcycle accident attorneys at Silva Injury Law can help you pursue and recover the monetary damages you need to become whole again after your motorcycle accident. We can assist you during settlement negotiations with the at-fault party’s insurance company and work to maximize your monetary damages in the case.
If a person you love suffered fatal injuries in a motorcycle crash, you and other surviving family members might be eligible to file a wrongful death claim or lawsuit.
As part of a wrongful death claim, you can pursue various monetary damages, including:
- Funeral and burial costs
- Loss of future income
- Emotional anguish
- Loss of your deceased loved one’s care, comfort, and companionship
- The pain and suffering they experienced between the time of injury and death
What Are Some Common Motorcycle Accident Injuries?
Unlike car and truck drivers and passengers, motorcyclists do not have a protective outer shell or covering that surrounds them in an accident. Therefore, if the force of a collision knocks them off their motorcycle and onto the ground, they may sustain debilitating injuries that leave them incapacitated for a significant time.
In addition, many motorcycle crashes lead to permanent injuries that cause accident victims to experience pain for the remainder of their lives.
The specific injuries that a motorcycle rider suffers in an accident will depend upon various factors, including the speeds of the involved vehicles, the type of motorcycle accident that happens, and whether the cyclist falls to the ground in the accident.
Common motorcycle accident injuries include:
- Road rash occurs when the motorcycle rider’s body slides across concrete or asphalt
- Traumatic head or brain injuries, such as concussions, where the motorcycle rider suffers internal or external head damage—especially if they are not wearing a helmet at the time of their accident
- Whiplash injuries, where a motorcycle rider suffers soft tissue injuries to their neck or back
- Broken bones, where an accident victim suffers a fracture, such as a rib fracture, in their motorcycle crash
- Spinal cord injuries and damage, some of which may lead to a full or partial paralysis injury
If you sustained any of these injuries in your motorcycle accident, you should seek medical treatment as quickly as possible. As soon as you can after your motorcycle crash, you should follow up at a hospital emergency room so that a medical provider can take the necessary X-rays, MRIs, and other imaging studies, to properly diagnose your medical condition.
While you complete your medical treatment, the Monterey motorcycle accident lawyers at Silva Injury Law can begin handling the legal components of your case and start advocating for you. Once your medical treatment is complete, we can gather your medical treatment records and bills and present a settlement demand to the at-fault party’s insurance company. We can then work to negotiate a fair settlement in your case.
Steps You Should Take Immediately After Your Motorcycle Accident
Immediately after a motorcycle crash, protect your legal rights so you recover the monetary compensation you deserve.
First, always remain at the accident scene. In fact, if you leave the scene of a motorcycle crash, a police officer can arrest you, and you may face criminal charges. The police should write an accident report, which your motorcycle accident lawyer can obtain later.
The coming days and weeks might be confusing, but the following can help protect your legal rights to compensation.
You must seek same-day medical treatment, even if you are unsure how serious your injuries are. If you feel any soreness, pain, disorientation, stiffness, or anything else out of the ordinary, the crash might have caused an invisible injury. Without medical attention, your symptoms can worsen significantly over time, and you might develop complications. The sooner you get a diagnosis and treatment plan, the better your prognosis.
Immediate medical treatment also helps with your motorcycle accident claim. You must convince insurance companies that the motorcycle accident caused specific injuries, and adjusters might challenge the cause of your injury if you delay medical treatment. Timely and complete records of your diagnosis and treatment plan will provide evidence of your injuries.
Consult a Monterey Motorcycle Accident Lawyer
As soon as your physical condition stabilizes, reach out to Silva Injury Law. The sooner you have our lawyers on your side, the better. While you keep up with all your medical treatment and adjust to life with your injuries, we can begin protecting your rights and seeking compensation through the legal process.
To recover monetary damages following a motorcycle accident, you must demonstrate various legal elements of proof in your case. First, you must show that your motorcycle accident resulted from another driver’s negligence or a roadway defect that a municipality failed to promptly warn about or repair. In addition, you must show that you suffered at least one physical injury directly from your motorcycle crash.
After proving these legal elements, you can recover various monetary damages for your injuries and other losses. Since every motorcycle accident case is different, the damages that accident victims may recover will differ from case to case.
Generally speaking, the more serious your injuries and the more extensive your medical treatment, the higher the monetary compensation you can recover in your case. Moreover, you may be eligible for a high monetary damage award if you underwent extensive medical treatment or procedures.
First, accident victims can recover monetary compensation for their past medical expenses. Moreover, if a medical provider determines that they may need additional treatment, such as surgery, you may recover monetary compensation for those anticipated procedures.
If you miss time from work after your accident, you can bring a claim for lost earning capacity.
In addition, you can recover monetary damages for your:
- Mental distress
- Physical pain and suffering
- Lost quality of life
- Loss of spousal companionship
- Loss of the ability to use a body part
- Permanent disfigurement or disability.
The Monterey motorcycle accident attorneys at Silva Injury Law can highlight the strengths of your case when negotiating with insurance company representatives. If the insurance company refuses to offer you fair monetary damages for your injuries, we can file a lawsuit and litigate your case in the court system on your behalf. Our primary goal is to help you maximize your monetary damages so that you become whole again to the greatest extent possible.
Contact A Monterey Motorcycle Accident Lawyer Today
You should take legal action immediately if you suffered injuries in a recent motorcycle crash. Waiting too long to file a personal injury claim or lawsuit may jeopardize your right to recover the monetary damages you deserve. The experienced legal team at Silva Injury Law can work on your motorcycle accident case immediately.
Our legal team will not delay filing a claim or lawsuit on your behalf and negotiating a settlement with the at-fault party’s insurance company. If the insurance company does not offer you the necessary damages, we welcome the opportunity to litigate your case through the court system.