The Dangers of Motorcycle Accidents

California freeways are well-known for their traffic jams, and, in an effort to avoid getting caught in gridlock, more and more commuters are beginning to use motorcycles as their primary mode of travel. California’s temperate climate also makes motorcycle riding an enjoyable hobby for many residents. Unfortunately, motorcyclists are at a disadvantage on the road, mainly due to the lack of protective barriers between them and the asphalt or other vehicles. For this reason, many motorcycle accidents result in serious and often permanent injuries.

Because motorcycle accidents have the potential to be so deadly, the California Department of Motor Vehicles requires motorcyclists to complete safety courses and obtain special licenses. Despite these precautions, thousands of motorcyclists are injured or killed in accidents across the nation every year.

Oftentimes, in collisions involving both a motorcycle and a standard automobile, the driver of the car is the at-fault party, usually because he or she did not detect the presence of the motorcycle in traffic. Generally, the most common causes of motorcycle accidents include situations in which one or both parties:

• Do not use a turn signal;
• Ignore traffic conditions;
• Swerve into another lane;
• Disobey speed limits;
• Drive while under the influence of drugs or alcohol; or
• Drive on the wrong side of the road.

In some situations, a driver’s negligence is not the cause of the accident. Instead, a crash may be caused by a road defect, poor weather conditions, or a problem with one of the vehicles’ parts.

Motorcyclists usually sustain the most serious injuries in accidents that involve both a motorcycle and a vehicle. California law requires motorcyclists to wear helmets at all times, but even protective equipment does not guarantee that a person will not be injured. Injuries sustained by motorcyclists often include:

• Burns;
• Road rash;
• Broken, crushed, and fractured bones;
• Traumatic brain injuries;
• Lacerations;
• Organ damage and internal bleeding; and
• Head trauma.

Treatment for serious injuries of this nature can be painful and expensive and may include costs for a variety of services, including:

• Emergency medical care;
• Follow-up visits;
• Prescription medications;
• Rehabilitative therapy;
• Counseling; and
• Medical equipment.

These mounting costs can be devastating to a victim’s finances. Fortunately, if it can be established that the other party was at fault in the accident, victims may be able to obtain compensation for these costs.

California adheres to the legal theory of comparative negligence. This means that if the negligence of both parties contributed to an accident, the amount of damages that the injured party can recover will be reduced by his or her contribution to the accident.

If you have been injured in a motorcycle accident caused by another driver’s negligence, it is important to seek the advice of an experienced attorney who can help ensure that you obtain the compensation you deserve. Please contact the San Jose personal injury attorneys at Corsiglia, McMahon & Allard, L.L.P. to schedule a free consultation.

• California motorcycle Handbook