Oceanside Motorcycle Accidents

Oceanside is a growing city with a population of about 170,000 residents. Historic Route 101 also known as Coast Highway traverses Oceanside east of the beach and serves as both an artery for I-5 and a local road. Motorcycle riders on I-5 on local roads or highways are frequently at risk of accidents caused by careless or reckless drivers. Motorcyclists usually have no protection against the force of a collision, as people inside a larger vehicle do. As a result, when motorcyclists get into accidents, the consequences may be devastating. At higher speeds, it is not uncommon for riders to sustain permanent injuries or even death. If you were hurt or a loved one was killed by a careless driver, you should consult an Oceanside motorcycle accident lawyer at the Rubinstein Law Group.

In most cases, a motorcycle accident is caused by someone's negligence. When you are injured because of another driver's negligence, you may be able to recover damages. This means that your attorney will try to prove that the driver failed to use reasonable care. There are many ways that a driver can breach the duty to use reasonable care, including driving drunk, driving while fatigued, distracted driving, speeding, weaving, tailgating, and texting while driving. In some cases, a driver of a larger vehicle does not expect to see a motorcycle. They also may be in a hurry or thinking about something else, so they may not yield to the motorcyclist. For example, if a motorcycle is driving straight through an intersection, and the driver of a car is waiting for a moment to turn left, they might fail to yield to the motorcyclist who is driving straight and turn into the motorcyclist.

In many cases, the other driver raises the motorcyclist's comparative negligence. Insurance adjusters are aware of the bias that jurors often hold against motorcyclists. They may call you to try to get information to show that you partly caused the accident. The goal of getting this information is to mount a strong defense of comparative negligence. You should not speak to an adjuster until you have consulted a knowledgeable motorcycle accident attorney in Oceanside.

California follows the rule of pure comparative negligence. This means that the jury will evaluate the evidence and arguments of both sides and assign a percentage of fault to both the rider and the driver. You can still recover an amount proportionate to the other party's fault. For example, if the total damages are $500,000, but the jury finds that you were 40% at fault for speeding, you can recover $300,000.

Serious injuries can result from an Oceanside motorcycle accident. A motorcyclist hit by a larger vehicle can suffer a traumatic brain injury, spinal cord damage, paralysis, road rash, broken bones, or amputation.

The nature of the injuries, as well as the advocacy of your Oceanside motorcycle accident attorney, will affect the damages awarded. Damages include both economic and noneconomic losses. Economic losses may include such things as medical bills, vocational rehabilitation, loss of income, and out-of-pocket costs. Noneconomic losses may include pain and suffering, lost earning capacity, loss of consortium, mental anguish, and loss of enjoyment.

For example, if you suffer from severe road rash after a motorcycle accident that happens at moderate speeds, you may need emergency treatment, or take months off from work to rehabilitate, and then you might also need surgeries to address your scars. All of these losses are expensive. You may also suffer significant mental anguish, pain, and humiliation if the scars are on your face. The damages to address this situation would be different from the damages to address a motorcycle accident at low speeds, in which the motorcyclist only suffered soft tissue injuries.

If you were injured or a loved one was killed in a motorcycle crash, you should consult an experienced personal injury attorney at the Rubinstein Law Group. For a free consultation to discuss your case, call 760.804.2790 or contact us through our online form.