If you ever rode a motorcycle, then you know how exhilarating it is. Feeling the wind on your chest and face, the sound of the engine and your ability to maneuver make riding a motorcycle a very different experience from driving a car or riding as a passenger in a car. But with the freedom of motorcycle riding, the ability to lane share and pass stopped or slower car traffic and to be able to rapidly accelerate when necessary, also comes the risks. Everyone knows that riding a motorcycle is more risky than driving a car.
Orange County leads the nation in motorcycle accidents.
A recent article lays out those risks:
“The number of motorcycle fatalities went from 2,320 in 1994 to 5,286 in 2016.
From 2015-2016, the number of deaths jumped 6 percent, according to the Fatality Analysis Reporting System (FARS) released as part of the Governors’ May 2018 report, “Motorcyclist Traffic Fatalities by State.”
California ranks in the top 15 of the 50 states in fatalities. Nevada claimed the highest rate: 22.6 percent.
Motorcycle deaths in California accounted for 15.1 percent of total motor vehicle deaths in 2016. That year, 566 motorcyclists were killed in the state — an 11 percent increase from 494 deaths in 2015, according to the state Department of Motor Vehicles. That doesn’t include the 14,400 motorcyclists injured.”
Experienced Orange County Motorcycle Accident Lawyer
At Kyle Scott Law, we have represented many motorcyclists over the years. While the average person might think that if an attorney can represent a motorist in a car crash, then representing a motorcyclist should not be that different. My experience is that motorcycle crashes have their own challenges that have to be addressed.
The first issue is that motorcycle crashes usually involve very significant injuries, broken bones, crushed bones, major lacerations, amputations and sometimes death. Because the injuries are usually very significant, there are usually issues regarding getting adequate medical care the injured motorcyclist requires. While the initial medical care from the emergency room may addresses the urgent medical issues, there are usually ongoing medical problems that require further evaluation, diagnosis and treatment. As an injured motorcyclist you need to make sure that all of your injuries have been fully diagnosed and that you have obtained the medical care that you need.
After the dust has settled and you are physically well enough to make your claim against the wrongdoer that caused the motorcycle crash, the real issue that presents itself is the liability dispute. The dispute comes up in many forms. The most frequent dispute is that the police officers that have investigated the motorcycle crash will determine that the crash was the fault of the motorcyclist and not the other driver. I don’t know what it is, but if there is a factual dispute between the injured motorcyclist and the other driver, whether the driver of an automobile, SUV or big rig, the Traffic Collision Report (link: ) will often favor the “other driver” and find that the motorcyclist is at fault for the collision. My experience is that the report will blame the motorcyclist for whatever reason, claim that the motorcyclist changed lanes unsafely, cut the other driver off, ran into the other vehicle, the motorcyclist failed to yield, crossed the center line or some other reason to find the motorcyclist at fault.
This is where you need to have an attorney with the experience of having handled prior motorcycle crashes and the ability to get the evidence that proves that the other driver is at fault for the collision. This requires the attorney getting all the evidence available, witness statements, inspection of the crash site and the motorcycle and the other vehicle, depositions of the witnesses, parties and the investigating police officers, evaluation of whether any of the vehicles had mechanical defects and consulting with experts to determine what all that evidence means regarding who is at fault for the motorcycle crash. In many of the cases that I have pursued for injured motorcyclists I have had to obtain evidence that proved that the other driver was at fault. Absent such evidence I could not have settled the case or won a verdict at trial.
So if you have been involved in a motorcycle crash in Orange County, Los Angeles County, the Inland Empire or anywhere in California, then the Tustin law office of Kyle Scott Law can help you get justice by proving that you are not at fault for the crash. Kyle Scott with his 28+ years of handling motorcycle crashes will get the job done. Call 714-544-1460 or email info@kjslaw.com.