Experienced Motorcycle Accident Attorney
What Is A Personal Injury Lawsuit?
A personal injury lawsuit allows an injured person to file a claim against a party whose negligence allegedly caused their injury. This legal action enables you to pursue compensation for damages, including lost wages, medical expenses from necessary treatments, and pain and suffering.
Understanding California’s Personal Injury Statute of Limitations
In California, the statute of limitations for filing a personal injury lawsuit is two years. This means that if you or a loved one continues to suffer injuries from a motorcycle accident, you must file a lawsuit within this timeframe to protect your rights.
Protect Your Legal Rights
Never cash a check or sign paperwork related to your motorcycle accident injuries without consulting a personal injury lawyer. Doing so may restrict your ability to seek full legal recourse.
If you believe your motorcycle accident claim is worth more than the insurance company offers, and the company’s representative indicates it’s unlikely the offer will increase during injury settlement negotiations, then you must take advantage of Hoybjerg Law’s free consultation.
California’s personal injury statute of limitations is two years, meaning if you or your loved one continues to suffer from injuries sustained during the motorcycle accident, you can file a lawsuit.
Meet with Hoybjerg Law for Expert Legal Guidance
At Hoybjerg Law, we are ready to help you understand the scope of your case and outline your options. Schedule a consultation to discuss your potential personal injury lawsuit and how we can assist you in obtaining a fair settlement.
Important Note: Do not cash a check or sign paperwork related to the injuries sustained in your motorcycle accident without legal guidance. Doing so may limit your ability to seek legal recourse.
Hoybjerg Law can help you determine your lawsuit’s scope and your options when you meet with him.
Hoybjerg’s Law Firm Process
Paul Hoybjerg and the team at Hoybjerg Law are experienced in motorcycle accident claims that result in common injuries, severe injuries, or wrongful death.
While each motorcycle accident lawsuit is different, our motorcycle accident attorneys follow a proven legal process to achieve results.
Free Initial Consultation
The aftermath of a motorcycle crash can be disorienting, with insurance companies rushing you to settle, especially if you or a loved one suffered a serious injury, such as spinal cord injuries or traumatic brain injuries. Our free consultation will allow you to get to know our law firm, and we’ll listen to your concerns and answer your questions. Our philosophy is that if we don’t win, you don’t pay, which is reflected in our free consultation.
Investigate The Accident
We obtain the police report about your accident, examine photos and videos from the accident scene, and speak to relevant witnesses. When we have established liability, we begin to build your personal injury claim.
Build Your Claim
We want you to receive the care you need to live your life as close to how you did before the motorcycle accident. When there is nothing more doctors can do, we help you gather your medical records, medical bills, and other medical expenses incurred. It’s important to seek us out as early as possible so that you receive treatment and build your claim before the two-year statute of limitations to file a personal injury lawsuit.
Negotiate A Settlement
We will send out a demand package – a collection of all the medical bills and documents that illustrate your injuries, wage loss, etc., since the motorcycle accident – to the at-fault party’s insurance company. Paul Hoybjerg and his team will negotiate in your best interest to ensure you receive a fair offer.
Litigate Your Case
While we hope to settle, there are times when your motorcycle accident case must go to court. Our team will aggressively represent you and pursue an outcome in your best interest.
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Frequently Asked Questions About Motorcycle Accident Claims
To recover damages in a personal injury case in California, you need to prove three elements of negligence:
- The defendant owed the plaintiff a duty of care. Duty of care is the legal obligation for people to use reasonable care to avoid injuring others.
- The defendant breached such duty through negligence.
- The defendant’s negligence was a substantial factor in the harm caused. The substantial factor test is a legal principle used to determine if someone else’s conduct was the proximate cause of the injury.
A person is negligent when they fail to act the way a reasonably careful person would in the same situation.
After you’ve obtained your license from the Department of Motor Vehicles (DMV), it’s time to register it and insure it.
The minimum requirements for motorcycle insurance in California are
- $15,000 in bodily injury protection for each person
- $30,000 in bodily injury protection for all persons
- $5,000 in property damage coverage
Additionally, the California vehicle code includes several safety requirements that you must have followed to disprove alleged negligence during your motorcycle accident case. These safety requirements include:
- Helmet use
- Handlebars and seats must be at a comfortable height for the rider
- Turn signals
- At least one operation mirror
- At least one operational headlight
- Functioning horn
- Tail lights that will stay on for at least 15 minutes even when the engine is off
There is no definitive way to predict how long motorcycle accident cases take, as they are all different. Generally, your claim may be extended by one or two years, if not longer. Additional influences on the length of your claims process include:
- Intentional delays by insurance companies in paying compensation for your injuries
- Large claims often take longer than minor injury claims
- Going to trial will take longer than resolving outside of the courtroom and may require you to appear before a judge and jury
After reviewing the particulars of your case, Paul Hoybjerg and his team will be able to give you a better estimate of how long your claim could take.
Types of Motorcycle Accidents
Collisions with Other Vehicles
Left-Turn Accidents: Other vehicles turning left in front of an oncoming motorcycle.
Rear-End Collisions: Cars striking motorcycles from behind at stops or intersections.
Side-Impact Accidents: Often occurring when vehicles change lanes without noticing a motorcycle.
Head-On Collisions: High-impact crashes between a motorcycle and an oncoming vehicle.
Single-Motorcycle Accidents
Loss of Control: Due to slippery roads, gravel, or potholes.
Cornering Accidents: Losing control while navigating sharp turns at high speeds.
High-Side Crashes: When a rider is thrown off the motorcycle due to sudden changes in traction.
Low-Side Crashes: When the motorcycle slides out from under the rider, often during turns.
Accidents Involving Road Hazards
Debris in the Road: Rocks, branches, or tire remnants causing loss of control.
Uneven Pavement: Poorly maintained roads leading to accidents.
Potholes: Sudden drops causing tire blowouts or destabilization.
Animals on the Road: Collisions or swerves to avoid animals.
Accidents with Stationary Objects
Collisions with Guardrails: Hitting barriers while navigating curves.
Impact with Utility Poles or Signs: Often due to loss of control.
Hitting Parked Vehicles: Particularly in narrow or poorly lit areas.
Multi-Vehicle Crashes
Chain-Reaction Accidents: Involving multiple vehicles and often caused by sudden stops or poor visibility.
Motorcycle Pile-Ups: When multiple motorcycles are involved in a single accident.
Special Circumstances
Lane Splitting Accidents: Occurring when motorcycles ride between lanes of slow or stopped traffic.
Doored Accidents: When a car door opens in a motorcyclist’s path.
Intersection Accidents: High-risk zones where vehicles may not see motorcycles.
Mechanical Failure Accidents
Brake Failures: Leading to an inability to stop in time.
Tire Blowouts: Sudden loss of stability and control.
Engine or Gear Malfunctions: Resulting in sudden stops or loss of acceleration.
Common Causes of Motorcycle Accidents
Failure to See Motorcycles: Drivers not noticing motorcycles due to their smaller size.
Left-Turn Errors: Drivers turning left across the path of an oncoming motorcycle.
Distracted Driving: Texting, phone use, or other distractions.
Impaired Driving: Alcohol or drug use by drivers or motorcyclists.
Speeding: Excessive speeds reduce reaction time and increase impact severity.
Aggressive Driving: Tailgating, weaving through traffic, or road rage.
Loss of Control: Inexperience or poor handling skills.
Speeding: Riding too fast for conditions or overestimating skills.
Lane Splitting: Riding between lanes of traffic without sufficient space.
Riding Under the Influence: Alcohol or drugs impairing judgment or reflexes.
Poor Road Conditions: Gravel, potholes, wet roads, or uneven pavement.
Weather Conditions: Rain, fog, ice, or strong winds affecting visibility and traction.
Limited Visibility: Blind spots, low lighting, or sun glare.
Tire Blowouts: Sudden loss of stability due to a punctured or worn tire.
Brake Failures: Inability to stop effectively.
Engine or Transmission Issues: Sudden malfunctions causing loss of control.
Sudden Lane Changes: Cars merging into a motorcyclist’s lane without checking blind spots.
Rear-End Collisions: Motorcycles struck from behind, often at stoplights or in traffic.
Dooring: A driver or passenger opening a car door into the path of a motorcycle.
Debris: Rocks, branches, or tire remnants causing skids or loss of balance.
Animals: Sudden encounters with wildlife or pets on the road.
Right-of-Way Errors: Misjudging the motorcycle’s speed or failing to yield.
Cross-Traffic Collisions: Vehicles cutting across intersections and hitting motorcycles.
Overconfidence: Motorcyclists taking unnecessary risks or overestimating their abilities.
Inexperienced Riders: Lack of skill in handling challenging situations.
Common Motorcycle Accident Injuries
Traumatic Brain Injuries (TBIs): Concussions, skull fractures, or diffuse axonal injuries.
Skull Fractures: Often leading to severe complications.
Facial Injuries: Cuts, fractures, or disfigurement, especially in the absence of a helmet.
Paraplegia: Loss of function in the lower body.
Quadriplegia: Loss of function in all four limbs.
Herniated Discs: Resulting in pain and mobility issues.
Broken Bones: Commonly in the arms, legs, ribs, and pelvis.
Compound Fractures: Bones breaking through the skin, leading to infection risks.
Dislocated Joints: Particularly in shoulders, hips, or knees.
Road Rash: Abrasions caused by sliding on pavement, which can lead to infections or scarring.
Lacerations and Cuts: Ranging from superficial to deep tissue damage.
Organ Damage: Such as to the liver, spleen, or lungs from blunt force trauma.
Internal Bleeding: Life-threatening damage requiring immediate medical attention.
Punctured Lungs: Often from broken ribs or penetrating injuries.
Thermal Burns: From contact with hot exhaust pipes or fuel spills.
Friction Burns: Resulting from sliding on rough surfaces.
Leg and Foot Fractures: Common due to the position of legs during impact.
Knee Injuries: Torn ligaments or dislocations.
Ankle and Foot Injuries: Sprains, fractures, or crush injuries.
Arm and Wrist Injuries: Fractures or sprains from attempting to break a fall.
Shoulder Injuries: Rotator cuff tears or fractures from impacts.
Whiplash: Damage to neck muscles and ligaments from sudden movements.
Vertebral Fractures: Resulting in chronic pain or mobility issues.
Post-Traumatic Stress Disorder (PTSD): Emotional trauma following a severe accident.
Depression or Anxiety: Common after life-altering injuries.
