A man in California was out for a scenic highway ride with a group of fellow motorcyclists when a van pulled out in front of the group and caused an accident. One of the motorcycle riders, having little time to react after being cut off, ran into the van. Our client then ran into the downed motorcycle in front of him and was thrown from his motorcycle.
As a result of the motorcycle accident, the client sustained a broken hand, a chipped ankle bone, severely bruised his other foot, and overall suffered from many other bruises and severe pain. The rider in front of him that crashed first died, unfortunately, after the accident. Due to the trauma of the experience, the client also developed symptoms of PTSD.
Why the Client Hired Sally Morin
Due to this incident being so emotionally traumatizing, our client was struggling to file his claim successfully on his own and knew he needed professional legal assistance. He was having trouble with his health insurance and paying for his medical bills, was overwhelmed by all the paperwork and the entire claims process, and was worried about what he would do if he couldn’t afford to get the care he needed.
On top of all this, the loved ones of the motorist who died were filing a wrongful death claim and were being represented by an aggressive attorney who was trying to force our client into an unfair settlement. The reasoning was that our client was partially liable for his injuries for following too closely to the motorcyclist in front of him and for speeding.
With all of this to handle on top of dealing with his injuries, emotional anguish, and bills, the client reached out to Sally Morin for assistance.
Best Thing Sally Morin Did for the Client
To assist the client, Sally Morin stepped in to beat the liability dispute, negotiate the liens down significantly, and maximize the case value to increase the settlement. This allowed the client to get the care he needed, pay for his medical bills, and alleviated the overall stress of the situation, allowing him to focus on rest and recovery.
In the end, the client walked away with $42K in his pocket out of the $75K after all of his liens, medical expenses, and legal fees were paid. He was compensated in full for his loss of earnings while recovering and his out-of-pocket expenses.
California Motorcycle Accidents
Many people in California choose motorcycles as their primary means of transportation due to the benefits it provides them. It allows them to move through traffic more quickly, find parking spots more easily, and overall is more convenient. Unfortunately, motorcycle accidents like the one above are all too common in California.
In fact, San Francisco is ranked as one of the most dangerous cities in California due to motorcycle accident-related injuries and deaths. Of the 4,000 fatal motorcycle accidents that happen every year, nearly 500 of them occur in California. And those numbers continue to climb each year.
This is because not only are motorcyclists more susceptible to injury and death because they have less protection when they ride, but other drivers are not always considerate of motorcyclists and often fail to yield the right of way or might not even notice the motorcyclist at all due to blind spots.
This is why motorcyclists must take extra precautions to keep themselves safe. Of course, a motorcycle rider can also be responsible for causing an accident or can share in liability. But still, motorcyclists are more susceptible to serious injury and death than riders in a passenger vehicle, so they need to mind the road and take care of themselves.
Blind Spot and Failure to Yield Motorcycle Accidents
As mentioned, two of the most common causes of motorcycle accidents in California are blind spots and failure to yield the right of way.
Blind Spot Accidents
Blind spot accidents are a serious concern for motorcyclists because they are smaller and not as easy to see. It’s much easier for a motorcycle that is coming up on a car to completely disappear in a blind spot than it is for a larger vehicle.
In fact, according to the NHTSA, the average visual range for a car has 40% blind spots. And for larger vehicles, that percentage goes up. Trucks, SUVs, and vans can have around 50% blind spots. And large commercial trucks can have more than 50% blind spots.
To prevent blind spot accidents from happening, motorcyclists should:
- Be mindful of blind spots for vehicles they are approaching and passing
- Avoid tailgating and speeding
- Avoid vehicles that are backing up and turning
- Avoid riding at night or in weather that creates low visibility
- Wear bright, reflective clothing
Failure to Yield Accidents
In many cases, motorcycle accidents happen not because the rider wasn’t seen but because the other driver involved simply didn’t care to yield the right of way to the motorcyclist. It’s not uncommon for drivers to be annoyed by motorcyclists, even if the rider did nothing wrong. Unfortunately, this can lead to road rage or aggressive driving that results in the driver cutting a motorcyclist off or failing to yield in other situations where the motorcycle rider had the right of way.
Of course, failure to yield motorcycle accidents can also happen as a result of blind spots, but in many cases, it is because the driver just didn’t want to allow the motorcycle to have the right of way, or they just didn’t want to give them the same courtesy as they do other drivers.
Other common factors that can cause failure to yield accidents with motorcycle riders include:
- Distracted driving
- Alcohol and drug use while driving
- Ignoring the law or traffic signs
- Bad weather and poor visibility
- Overall poor driving habits
We Handle Your Accident Claim So You Can Focus On Your Life
As seen with the client’s case described earlier, determining fault and liability, and getting the compensation you need after a motorcycle accident can be tricky. Many drivers will try to claim that they simply didn’t see the motorcyclists, but this is often what is called “inattentional blindness” and is no excuse. Whether the motorcycle rider was in a blind spot or not, other drivers owe them a duty of care, and it is their responsibility to pay close attention to avoid causing an accident with ALL motorists.
Still, when these cases come up, it can often feel like it’s your word against theirs, and it might seem hopeless that you will ever prove that the accident wasn’t your fault. This is why it’s so important to work with an attorney who has extensive experience handling motorcycle cases.
At Sally Morin, we see tons of cases like this every year because motorcycle accidents are so common in California. As such, we know what it takes to fight for the rights of our clients and ensure they get the full and fair settlement they deserve.
If you’ve been injured in a motorcycle accident, call us at 877-380-8852 or contact us online today for a free case evaluation.