A motorcycle accident can disrupt your life in an instant, leaving you grappling with physical pain, emotional trauma, and financial stress. Despite taking every precaution, riders remain vulnerable on the road, facing significant risks from common hazards like potholes, slick surfaces, and the lack of protection compared to motor vehicles. The aftermath can be overwhelming, but The Schenk Law Firm is here to support you during this difficult time. With our experienced, personalized, and compassionate legal representation, we are dedicated to securing the justice and compensation you deserve, allowing you to focus on healing and moving forward.

Why Choose The Schenk Law Firm?

• Extensive Experience: Our attorneys have successfully represented countless motorcycle accident victims, securing favorable outcomes and ensuring that justice is served. We have the experience needed to handle even the most complex cases. Our deep understanding of the unique challenges faced by motorcyclists ensures that we can effectively advocate for your rights.
• Personalized Attention: Each of our clients has a unique story to tell. Our job is to understand and tell it. You’re not just another case. We take the time to understand your story and craft a legal strategy tailored to your specific needs. We stand with you every step of the way, providing the advocacy and support you need during this difficult time.
• Comprehensive Investigations: When we take on your case, we begin by conducting thorough investigations to aggressively gather critical, relevant evidence, including accident reports, witness statements, and analyses. This allows us to build a strong case and identify all liable parties, which can be used in negotiating a just settlement or while representing you in trial.
• Relentless Advocacy: We relentlessly pursue justice for our clients. We won’t rest until we’ve explored every avenue to maximize your compensation. Your recovery is our top priority, and we fight tirelessly to ensure your rights are protected.
• No Upfront Fees: We believe that financial concerns should never prevent you from getting the legal help you need. That’s why we work on a contingency fee basis. We take on all the upfront financial risks of litigation. You do not pay, and we are not compensated, until we recover for your losses, through either settlement or trial. This ensures that you can focus on your recovery without the burden of paying legal fees before your case is resolved.

Common Types of Motorcycle Collisions

Motorcycle accidents often occur due to the negligence of other drivers and can take various forms:

• Rear-End Accidents: Occur when a vehicle strikes a motorcycle from behind, often at traffic stops or in congested areas. Without the protection of a vehicle’s structure, motorcyclists are particularly vulnerable to severe injuries in these collisions.
• Left-Turn Accidents: One of the most dangerous scenarios for motorcyclists, these accidents happen when a vehicle turns left in front of an oncoming motorcycle, often due to misjudgment of speed or failure to see the motorcyclist.
• Head-On Collisions: Brain Injuries Among the deadliest types of accidents, typically resulting in catastrophic injuries or fatalities. They often occur due to distracted or impaired driving, where a vehicle veers into the oncoming lane.
• T-Bone Accidents: Occur at intersections when a vehicle strikes the side of a motorcycle. These crashes are particularly dangerous because they can throw the rider into traffic or against stationary objects.
• Lane Splitting Accidents: Legal in California, lane splitting allows motorcyclists to ride between lanes of slow-moving or stopped traffic. However, this practice can lead to accidents if drivers are unaware of the motorcycle’s presence or make sudden lane changes.

Common Motorcycle Accident Injuries

Motorcycle accidents often result in severe injuries due to the lack of protection afforded to riders:

• Broken Bones: Fractures are common and can range from simple breaks to compound fractures requiring surgery and extensive rehabilitation.
• Head Injuries: Despite wearing helmets, motorcyclists can suffer from concussions, traumatic brain injuries (TBIs), and skull fractures, which can lead to long-term cognitive and physical impairments.
• Lower Extremity Injuries: Legs, knees, and feet are highly vulnerable in a crash, often resulting in fractures, dislocations, and severe lacerations.
• Spinal Cord Injuries: Damage to the spinal cord can result in paralysis, chronic pain, and other permanent disabilities, drastically altering a person’s quality of life.
• Internal Injuries: The force of impact can cause internal bleeding, organ damage, and other life-threatening injuries that may require immediate surgical intervention.
• Road Rash: When a rider slides across the pavement, the skin can be severely abraded, leading to painful wounds that may require skin grafts and leave permanent scars.

Steps to Take After a Motorcycle Accident – Contact The Schenk Law Firm

Taking the right steps after a motorcycle accident can significantly impact the outcome of your case:

1. Ensure Safety: Move to a safe location if possible and check for injuries. Due to the lack of protection compared to other vehicles, motorcycle injuries can be severe, so prioritize your safety and well-being.
2. Call 911: Report the accident and seek medical assistance immediately. Make sure that a police report is filed, as this will be crucial for your claim.
3. Collect Information: Exchange contact and insurance information with the other driver(s) involved. Take photos of the accident scene, your motorcycle, any other vehicle damage, and any visible injuries. If there are witnesses, obtain their contact information as well.
4. Seek Medical Attention: Even if you feel fine, get a medical evaluation to document any injuries. Some injuries may not be immediately apparent but can develop over time.
5. Avoid Speaking with Insurance Companies: Refrain from discussing the accident with the other party’s insurance representatives without consulting a lawyer first. Anything you say could be misrepresented by the insurance carrier.
6. Contact The Schenk Law Firm: Promptly reach out to our experienced motorcycle accident attorneys to discuss your case and explore your legal options. Depending on your individual circumstances, California law may limit the amount of time you have to file a claim or lawsuit.

Proving Motorcycle Accident Liability and Damages

Establishing liability in a motorcycle accident case requires thorough investigation and legal experience:

• Police Reports: A critical element in proving fault, police reports provide an official account of the accident. Our attorneys scrutinize these reports to identify inaccuracies or biases that may affect your claim.
• Witness Statements: Eyewitnesses can provide crucial testimony to support your version of events. We work to gather and preserve these statements to strengthen your case.
• Expert Testimony: In complex cases, we may engage accident reconstruction experts to analyze the crash and establish liability, especially when the cause of the accident is disputed.
• Comparative Fault: California’s comparative fault law allows you to recover damages even if you are partially at fault for the accident. We work to minimize your percentage of fault to maximize your compensation.

The Value of Your Motorcycle Accident Claim

The compensation you may receive depends on several factors unique to your case:

• Severity of Injuries: The more severe and long-lasting your injuries, the higher the compensation for medical expenses, rehabilitation, and pain and suffering.
• Medical Costs: Includes all current and future medical expenses related to the injury, such as surgeries, hospital stays, medications, and physical therapy.
• Lost Wages and Earning Capacity: Compensation for income lost during recovery and reduced earning potential if your ability to work is permanently impacted.
• Pain and Suffering: Non-economic damages for the physical pain, emotional distress, and loss of enjoyment of life resulting from the accident.
• Aggravating Factors: If the at-fault party was driving under the influence or engaged in reckless behavior, this could lead to punitive damages, increasing the overall value of your claim.

Fatal Motorcycle Injury Claims

Motorcycle accident injuries are often severe and catastrophic, and can involve  amputations, broken bones, burns, paralysis, spinal cord injuries, and traumatic brain injuries. 

If a motorcycle accident results in the death of a loved one, surviving family members may file a wrongful death claim, which can include compensation for:

• Funeral and Burial Expenses: Compensation for the costs associated with laying your loved one to rest, including funeral and burial services.
• Loss of Financial Support: Recovery for the loss of income and financial contributions the deceased would have provided.
• Emotional Distress: Damages for the grief, suffering, and loss of companionship experienced by surviving family members.
• Survival Actions: If the deceased endured pain and suffering before passing, the estate may claim compensation for those damages, including medical expenses and lost wages incurred before death.

California Motorcycle Laws and Equipment Regulations

Motorcyclists in California must adhere to specific laws and equipment regulations to ensure safety:

• Helmet Laws: Both riders and passengers must wear helmets that meet U.S. Department of Transportation standards.
• Mirror Requirements: Motorcycles must be equipped with functional right and left mirrors to enhance visibility.
• Handlebar Height: Handlebars must not exceed six inches above the rider’s shoulders when seated.
• Lighting Requirements: Motorcycles must have operational headlights, taillights, and turn signals, especially important for night riding and low-visibility conditions.
• Exhaust System Regulations: Exhaust systems must comply with the Motorcycle Anti-Tampering Act, ensuring they meet emissions and noise control standards.

Types of Compensation Available in a Motorcycle Accident Claim

Victims of motorcycle accidents may be entitled to a range of compensations designed to cover both tangible and intangible losses:

Economic Damages:

• Medical Bills: Includes all current and anticipated future medical expenses, such as emergency room visits, surgeries, hospital stays, prescription medications, physical therapy, and any necessary medical devices like wheelchairs or prosthetics. If long-term care or rehabilitation is needed, these costs are also covered.
• Lost Wages: Compensation for income lost due to the inability to work during recovery, as well as the potential future loss of earning capacity. This includes diminished earning potential if the injury results in long-term or permanent disability.
• Property Damage: Reimbursement for damage to your motorcycle, helmet, protective gear, and other personal items affected by the accident, such as electronics, clothing, or valuables. This includes repair or replacement costs and the rental of a vehicle if your motorcycle is being repaired.
• Rehabilitation and Therapy Costs: Coverage for ongoing rehabilitation services, such as physical therapy, occupational therapy, or psychological counseling required to address the effects of the injury and facilitate recovery.

Non-Economic Damages:

• Pain and Suffering: Compensation for physical pain, discomfort, and suffering resulting from the accident.
• Emotional Distress: Damages for the psychological impact of the accident, including anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health conditions.
• Loss of Consortium: Compensation for the adverse effects the injury has on your relationship with your spouse or partner, including loss of companionship, affection, and sexual relations.
• Disfigurement and Scarring: Damages awarded for any permanent disfigurement, scarring, or physical alterations caused by the accident.
• Loss of Enjoyment of Life: Compensation for the reduction in your ability to enjoy daily activities, hobbies, and other aspects of life that you previously enjoyed before the accident.

Punitive Damages:

• Punitive Damages: Awarded in cases where the at-fault party’s actions were particularly egregious, reckless, or malicious. These damages are meant to punish the wrongdoer and deter similar conduct in the future.

Additional Considerations

• Future Medical Expenses: If your injuries require long-term or future medical treatment, such as additional surgeries or ongoing physical therapy, these future expenses are considered in your compensation.
• Long-Term Care and Assistance: In cases where the injury results in a long-term or permanent disability, compensation may include the cost of in-home care, assistive devices, home modifications, and other necessary support to manage daily life.
• Impact on Career and Education: If the injury affects your ability to pursue educational goals or advancements in your career, compensation may be sought for these lost opportunities.

How We Can Help With Your Motorcycle Accident Case

We offer comprehensive legal support for motorcycle accident victims:

• Thorough Investigation: We conduct detailed investigations to gather evidence, including accident reports, witness statements, and testimony, to build a strong case.
• Negotiating with Insurance Companies: We handle all negotiations with insurance companies to ensure you receive a fair settlement. Our attorneys are experienced in countering lowball offers and pushing for the maximum compensation.
• Representation in Court: If a fair settlement cannot be reached, we are prepared to take your case to court. Our team has the litigation experience necessary to present a compelling case before a judge and jury.
• Compassionate Support: We understand the emotional and physical toll a motorcycle accident can take. Our team provides not only legal experience but also compassionate support throughout the entire process, keeping you informed and involved in every step of your case.

Insurance Company Negotiations

Dealing with insurance companies can be one of the most challenging aspects of a motorcycle accident claim. Insurance adjusters often aim to minimize payouts, offering settlements far below what you deserve. The Schenk Law Firm takes on the burden of negotiating with insurance companies on your behalf. Our decades of experience allow our attorneys to calculate the full value of your claim, ensuring that you only accept a settlement that fairly compensates you for your injuries and losses.

Seeking Justice and Compensation

No amount of money can ever truly compensate for the injuries and trauma sustained in a motorcycle accident. However, pursuing legal action can offer financial relief and a sense of justice for you and your loved ones. The Schenk Law Firm is committed to guiding you through this challenging process with compassion and experience, ensuring that you receive the compensation you deserve.