Personal Injury Settlements and Cases Won in California.
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San Bernardino, surrounded by stunning desert landscapes and a gateway to mountain getaways, is a favorite among motorcycle enthusiasts. However, its busy streets and highways also pose considerable risks for riders. Motorcycle accidents remain a pressing concern in the area, with significant implications for riders’ safety and well-being.
Understanding the factors behind these accidents and navigating the legal complexities is essential for minimizing risks and obtaining fair compensation. Below is a comprehensive guide to motorcycle accidents in San Bernardino.
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Motorcycle accidents are a persistent issue in San Bernardino, reflecting the challenges of navigating busy roads and highways like I-10, I-215, and Route 66.
Understanding the primary causes of motorcycle accidents can help mitigate risks for riders:
High-speed accidents are common on major highways like I-10 and I-15. Speeding reduces reaction time and increases the severity of collisions, often resulting in life-altering injuries or fatalities.
San Bernardino struggles with DUI-related accidents, especially during weekends. Despite awareness campaigns, intoxicated driving remains a significant cause of motorcycle crashes.
While lane-splitting is legal in California, improper or aggressive maneuvering between vehicles, especially during heavy traffic, leads to frequent accidents on freeways.
Intersections in busy areas like Downtown San Bernardino are hotspots for left-turn accidents, where drivers often fail to see oncoming motorcycles.
Potholes, debris, and uneven road surfaces, particularly in rural areas or near construction zones, contribute to many motorcycle crashes. Riders should remain vigilant for sudden road hazards.
Drivers distracted by phones or other activities often fail to notice motorcyclists, leading to rear-end or side-swipe collisions.
At intersections, failing to yield the right-of-way is a common mistake by both drivers and motorcyclists, increasing accident risks.
Although rare, rain or high winds in San Bernardino can make roads slippery, significantly increasing the likelihood of accidents.
Liability in motorcycle accidents often involves multiple parties:
Drivers who fail to follow traffic laws, such as speeding or running red lights, are frequently held responsible for motorcycle accidents.
Riders engaging in risky behavior, like weaving through traffic or speeding, may share fault under California’s comparative negligence laws.
If poor road maintenance or inadequate signage contributes to an accident, local or state government agencies may bear some responsibility.
Defective motorcycle parts, such as faulty brakes or tires, can lead to product liability claims against manufacturers.
Pedestrians who cross the road suddenly or jaywalk could share some responsibility in a motorcycle accident, although such cases are relatively rare.
Motorcycle accidents in San Bernardino can result in devastating injuries, such as:
Traumatic brain injuries (TBI) are among the most severe outcomes of motorcycle accidents in San Bernardino. Even with helmets, riders are at significant risk of brain trauma, which can lead to long-term cognitive or neurological issues.
Road rash occurs when a motorcyclist slides across pavement during an accident. Injuries range from minor scrapes to severe abrasions that may require surgery. Without prompt care, these wounds can become infected or lead to complications.
Broken bones, especially in the arms and legs, are a common result of motorcycle crashes. These injuries often demand extended recovery periods and may cause lasting mobility challenges that affect daily life and work.
Spinal cord injuries can lead to paralysis or other lifelong disabilities. In an active region like San Bernardino, such injuries can have devastating consequences, requiring intensive and ongoing rehabilitation.
Damage to internal organs or internal bleeding can be life-threatening. These injuries may not be immediately apparent, so it’s crucial to seek immediate medical attention after an accident.
Motorcyclists in San Bernardino often suffer knee and leg injuries, including fractures and ligament tears, due to their exposed position. These injuries frequently necessitate surgery and extensive physical therapy.
Whiplash is a common soft-tissue injury caused by the sudden force of a collision. Symptoms such as neck pain, stiffness, and limited mobility can persist for months or longer.
Severe facial injuries, including broken bones, eye trauma, or deep lacerations, are not uncommon. Helmets with full-face protection significantly reduce the severity of such injuries.
In extreme cases, motorcycle crashes can result in amputations. This catastrophic outcome requires substantial physical, emotional, and financial recovery, permanently impacting the rider’s quality of life.
Motorcycle accident victims in San Bernardino may be entitled to compensation for:
This includes emergency care, surgeries, hospital stays, rehabilitation, and assistive devices.
If injuries prevent victims from working, compensation can cover lost income and diminished earning capacity in cases of permanent disability.
Victims may recover costs to repair or replace damaged motorcycles and personal items, like helmets or riding gear.
Compensation for the physical pain and emotional distress caused by the accident can be significant, especially for injuries that permanently affect quality of life.
The amount of compensation depends on the severity of the injuries and how the accident affects the victim’s daily life. Typical compensation ranges include:
Factors that can affect the final compensation amount include the strength of the evidence, the insurance coverage of the at-fault party, and the length of the victim’s recovery.
California’s pure comparative negligence system applies to San Bernardino. This means that even if a victim is partially at fault, they can still recover damages, with compensation reduced by their percentage of fault.
For example, a $100,000 award would be reduced to $70,000 if the victim is found 30% at fault.
The time it takes to resolve a motorcycle accident case in San Bernardino can differ based on several factors, including the complexity of the case, the extent of the injuries, and whether the case is settled out of court or goes to trial.
Proving negligence is essential for securing compensation in a motorcycle accident case. To establish negligence, you must demonstrate four key elements:
The first step is to show that the other party owes you a duty of care. This means the other driver was legally required to operate their vehicle safely and responsibly, ensuring they did not put others at risk. In a motorcycle accident, this includes following traffic laws, obeying speed limits, and paying attention to road conditions. Every driver on the road has this primary duty to avoid causing harm to others.
Once duty is established, you must prove that the other party breached this duty. This breach is often shown through actions like speeding, tailgating, running a red light, or driving while distracted (e.g., texting or using a phone). Essentially, you need to show that the driver failed to act as a reasonable person would in the same situation, which contributed to the accident. Evidence like traffic camera footage, witness statements, or expert testimony can be critical here.
After establishing that a breach occurred, you must demonstrate that the breach directly caused the accident. In other words, the driver’s negligent behavior was the proximate cause of the collision. For example, if a driver ran a red light and hit your motorcycle, you need to show that their actions directly led to your crash. This can be backed up with evidence from the scene, such as police reports, crash reconstruction reports, or expert analysis of the accident’s cause.
Finally, you must prove that the accident resulted in actual damages. This includes tangible losses such as medical expenses, property damage, lost wages, and pain and suffering. To support this, you can present medical bills, repair costs, pay stubs, or other documentation that clearly outlines your financial and physical suffering from the accident.
Taking the right steps after a motorcycle accident is crucial for protecting your health and your legal rights. Here’s what you should do:
Even if you think your injuries are minor, it’s important to get checked by a medical professional as soon as possible. Some injuries, like whiplash or concussions, may not show immediate symptoms but could have long-term effects. Medical records documenting your injuries are essential in establishing the extent of your damages and will be used in your claim to ensure you are properly compensated for your medical expenses.
Always call the police and file a report after an accident. An official police report provides an impartial record of the incident, which can be invaluable in proving fault. The report typically includes details such as the accident’s location, the involved parties, statements from witnesses, and the officer’s initial assessment of liability. This official documentation will play a key role in negotiations with insurance companies and in any legal proceedings.
One of the most important steps you can take is to document the scene of the accident as thoroughly as possible. Take clear photos of your injuries, the damage to your motorcycle, and any other relevant aspects, such as skid marks, traffic signals, or road conditions. These images can serve as crucial evidence in proving the extent of the accident’s impact and the surrounding circumstances. Additionally, collect contact information from any witnesses, as their statements can provide valuable testimony to support your case.
After taking care of your immediate health and safety, the next step is to consult with a skilled motorcycle accident attorney. A lawyer can guide you through the complex legal process, help you navigate insurance claims, and fight for fair compensation. They will handle all aspects of your case, from gathering evidence to negotiating with insurers, ensuring you don’t settle for less than you deserve. With their experience, an attorney can also help you understand the specific laws and regulations in San Bernardino and California that may affect your claim.
The value of a motorcycle accident case in San Bernardino depends on several factors unique to each situation. Compensation varies based on the severity of injuries, the financial impact, and the emotional toll on the victim. Below are key factors that influence potential settlements or court-awarded damages:
The seriousness of the injuries plays a crucial role in determining compensation. Severe injuries, such as traumatic brain injuries, spinal cord damage, or permanent disabilities, often lead to higher medical costs and long-term care needs. Victims may receive compensation for future medical treatments, rehabilitation, and necessary assistive devices like prosthetics or wheelchairs, which can significantly increase case value.
The length of the recovery period is another major factor. Extended recovery times typically result in more substantial medical bills and lost wages. If a victim faces uncertain or prolonged recovery, compensation may include future medical expenses, lost income, and diminished earning capacity if they cannot return to their previous job.
Pain and suffering damages account for both the physical pain and the emotional impact of the accident. This includes anxiety, depression, or PTSD resulting from the incident. Cases involving catastrophic injuries often see significant pain and suffering awards due to the profound effects on daily life and overall well-being.
Property damage compensation covers the repair or replacement cost of the motorcycle and damaged personal items, such as helmets or protective gear. The greater the extent of damage, the higher the potential compensation to address these losses.
The at-fault party’s insurance policy limits can affect the amount of compensation a victim receives. If the responsible driver’s insurance is insufficient to cover damages, victims may need to explore other options, such as their own uninsured or underinsured motorist coverage or filing a personal injury lawsuit.
Several factors can influence the value of a motorcycle accident case beyond the obvious details like injury severity and property damage. The strength of the evidence plays a critical role, as well-documented proof, such as police reports, photos, medical records, and expert testimony, can significantly bolster a victim’s claim. Similarly, the credibility of witnesses can impact the outcome—reliable, unbiased accounts of the accident can reinforce the victim’s version of events and counter any disputes raised by the defense. Finally, the resolution process also affects case value. Cases that settle out of court often resolve faster and may provide reasonable compensation without the uncertainty of a trial. However, cases that go to trial might result in higher payouts if a jury awards damages, though they come with added risks and longer timelines. These elements collectively shape the potential compensation a victim might receive.
Proving a motorcycle accident claim in San Bernardino requires detailed evidence and a well-prepared case. Each piece of documentation plays a role in presenting the facts, establishing liability, and proving why you deserve compensation.
The police report is one of the most critical pieces of evidence in a motorcycle accident case. It contains key details, such as the accident’s time, location, and involved parties, as well as any preliminary fault assessments made by law enforcement. This document often serves as a primary reference for insurance adjusters and in legal proceedings to establish liability.
Photographic and video evidence from the accident scene provides a powerful visual narrative. This documentation captures important details like the condition of your motorcycle, visible injuries, and road hazards that contributed to the crash. These visuals can strongly support your claim, demonstrating the severity of the accident to insurers or in court.
Witness accounts offer unbiased insights that can validate important aspects of your case. Their observations may confirm details such as reckless driving or dangerous road conditions, lending credibility to your claim. These statements are beneficial during negotiations or if your case proceeds to trial.
Medical records and bills are indispensable in motorcycle accident cases. They document the extent of your injuries, the treatments received, and the associated costs. These records provide evidence of the physical, emotional, and financial impact of the accident, forming the foundation for determining fair compensation.
Several California laws significantly influence motorcycle accident claims in San Bernardino. Understanding these laws helps you navigate the legal process and ensure your rights are protected.
California follows a comparative negligence system, meaning accident victims can recover damages even if they are partially at fault. However, their compensation is reduced by their percentage of fault. For example, if you are found 30% at fault for the accident, your settlement is reduced by 30%. This law ensures that even partially responsible victims can still pursue damages.
California is one of the few states where lane splitting is legal. Motorcyclists can ride between lanes of slow-moving or stopped traffic if done safely. However, improper lane splitting can be considered negligent and reduce your compensation. Riders should always follow lane-splitting guidelines to avoid additional liability.
The statute of limitations for filing a personal injury claim in California is two years from the date of the accident. Failing to meet this deadline can result in losing the right to seek compensation. Consulting with an attorney early ensures your claim is filed on time and complies with legal requirements.
California law mandates minimum liability insurance for motorcyclists, including $15,000 for injury or death to one person, $30,000 for injury or death to multiple people, and $5,000 for property damage. If the at-fault party has insufficient coverage, you may need to rely on your uninsured/underinsured motorist policy to recover damages.
All motorcyclists and passengers in California must wear helmets that meet DOT safety standards. Not wearing a helmet can not only increase the risk of severe injury but also affect your claim. While you can still recover damages under comparative negligence rules, the other party might argue that your injuries were worsened due to non-compliance with helmet laws.
California has specific traffic laws for motorcyclists, such as using designated lanes and abiding by lane-splitting guidelines. Violations of these laws can negatively impact your case by being used to assign fault. Adhering to these rules ensures safety and protects your legal standing.
Our experienced motorcycle accident attorneys in San Bernardino are dedicated to helping victims recover the compensation they deserve.
Our firm has successfully recovered millions of dollars for motorcycle accident victims across California. Our results reflect our commitment to achieving justice for our clients.
Specializing in motorcycle accidents, our attorneys have extensive experience handling complex claims. We manage every aspect of your case, from insurance negotiations to courtroom representation.
We prioritize your needs with personalized legal strategies and open communication. Our tailored approach ensures your unique circumstances are addressed effectively.
We work on a contingency fee basis, meaning you pay nothing unless we win your case. This allows you to focus on your recovery without worrying about upfront costs.
Our familiarity with San Bernardino’s local laws, courts, and procedures enables us to advocate effectively for our clients and achieve favorable outcomes.
Hiring a knowledgeable attorney is essential to navigating the legal complexities of a motorcycle accident claim and ensuring fair compensation.
From filing paperwork to gathering evidence and negotiating with insurers, we handle every aspect of your case, allowing you to focus on recovery.
Motorcyclists often face unfair biases when fault is determined. We challenge these stereotypes to ensure you receive fair treatment and compensation.
Insurance companies may undervalue your claim. We advocate for a fair settlement that covers medical expenses, lost income, and emotional suffering.
Establishing fault is crucial in motorcycle accident cases. Our attorneys gather evidence, consult experts, and build a compelling case to prove negligence on the part of the other driver.
We ensure your claim includes all current and future damages, including medical costs, lost earning capacity, and pain and suffering.
If settlement negotiations fail, we are fully prepared to take your case to court to secure the compensation you deserve.
Understanding the costs of hiring a lawyer can help you make informed decisions about your case. Here’s what to expect:
Most motorcycle accident attorneys in San Bernardino work on a contingency fee basis. This means you only pay if your case is successful, and the payment is a percentage of your settlement or court award. This structure allows you to pursue justice without worrying about upfront costs or financial risks.
Reputable attorneys provide clear, written agreements outlining fees and potential additional costs. This transparency ensures you understand the terms from the start and prevents any surprises during the case. Before signing an agreement, you can ask questions to ensure you’re comfortable with the fee arrangement.
If settlement negotiations fail, your motorcycle accident case may proceed to trial. Here’s what you can expect during this process:
Our attorneys are deeply familiar with San Bernardino’s motorcycle accident laws and use this knowledge to strengthen your case. Understanding local legal standards and procedures gives you a significant advantage in court.
We thoroughly prepare for trial by gathering critical evidence, including police reports, medical records, and witness statements. This level of preparation ensures a strong presentation of your case before the judge or jury.
In complex cases, we may work with expert witnesses such as accident reconstruction specialists or medical professionals. Their insights add credibility to your case by explaining technical details in a way that supports your claim.
Throughout the trial, we handle all legal procedures, advocate on your behalf, and ensure your rights are protected. We also provide guidance and emotional support to help you navigate the often stressful court process.
Interacting with insurance companies after a motorcycle accident can be challenging. Here’s how to protect yourself:
Insurance adjusters may try to undervalue your claim or attribute more fault to you, especially if they have biases against motorcyclists. Hiring an experienced attorney ensures fair treatment and helps counter these biases.
Statements you make to an insurance adjuster can be used against you. It’s best to let your attorney handle communications to avoid unintentionally harming your case. They know how to respond effectively and advocate for your interests.
Even a partial admission of fault can reduce your compensation. Always consult your attorney before making statements to an adjuster to ensure you don’t jeopardize your claim.
Insurance companies might pressure you to accept a settlement offer quickly, often for an amount that doesn’t fully cover your damages. Your attorney will evaluate any offer to ensure it’s fair and negotiate for a settlement that reflects the true extent of your injuries and losses.
While accidents can happen, following these safety precautions can reduce your risk and protect you on the road:
California law requires motorcycle riders and passengers to wear DOT-approved helmets. Investing in quality protective gear, such as gloves, jackets, and boots, can also help prevent severe injuries in the event of an accident.
Adding reflective tape to your motorcycle and wearing bright or reflective clothing increases your visibility to other drivers. This is especially important during early mornings, evenings, or when riding in foggy conditions common in San Bernardino.
Riding with your lights on, even during daylight hours, makes you more noticeable to other drivers. This simple step is an effective way to avoid collisions, particularly in busy or high-traffic areas.
Always use your turn signals well in advance and stay alert for cars making sudden turns or lane changes. These proactive measures can prevent accidents and ensure safer interactions with other vehicles on the road.
San Bernardino roads range from highways to rural areas with uneven surfaces. Watch for hazards like potholes, loose gravel, or debris, and adjust your riding to maintain safety.
Although lane splitting is legal in California, excessive speed while maneuvering between cars increases your risk of an accident. Exercise caution, particularly near larger vehicles like trucks and buses.
Frequent inspections of your motorcycle’s brakes, tires, and lights ensure it’s in good working condition. Proper maintenance reduces the likelihood of mechanical issues that could lead to accidents.
Our dedicated motorcycle accident attorneys in San Bernardino are here to guide you through every step of your case. From gathering evidence to representing you in court, we are committed to achieving the best possible outcome.
San Bernardino is about 60 miles east of Los Angeles, with a drive time of approximately 1 to 1.5 hours via I-10 East or CA-210 East, depending on traffic conditions.
San Bernardino County is home to over 2.2 million people, making it the fifth-most populous county in California. It is known for its vast geographical area, which includes urban centers and scenic wilderness.
San Bernardino County covers a massive 20,105 square miles, making it the largest county in the United States by area. Its diverse landscape includes deserts, mountains, and valleys.
San Bernardino County is renowned for its natural beauty, including Joshua Tree National Park, Big Bear Lake, and the Mojave Desert. It is also a hub for logistics and transportation, given its proximity to major freeways and the Inland Empire’s economic influence.
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Start by seeking medical attention to ensure your safety and document your injuries. Report the accident to local authorities, take photos of the scene, and collect contact information from witnesses. Finally, consult an experienced attorney to protect your rights and build a strong case.
Proving negligence requires evidence that the other party failed to exercise reasonable care, causing the accident. Key pieces of evidence include witness statements, police reports, traffic camera footage, and expert testimony. An attorney can help gather and present this evidence effectively.
In California, the statute of limitations for personal injury claims is two years from the date of the accident. Filing promptly is crucial to preserving evidence and strengthening your case.
Yes, California’s comparative negligence rule allows you to file a claim even if you share some responsibility. However, your compensation will be reduced by your percentage of fault. An attorney can work to minimize your liability and maximize your recovery.
Yes. An attorney helps navigate the complexities of the legal system, deals with insurance companies, and ensures you receive fair compensation for medical bills, lost wages, and other damages. They advocate for you, especially if the case goes to trial.
Motorcycle riders injured could face an adverse police report placing them at fault, especially while “lane splitting” – a perfectly legal activity on California roads.
Don’t let the insurance companies take advantage of you when you are injured. Assert your rights with experienced Orange County motorcycle accident lawyers.
$100,000,000
Over $100,000,000 total recent personal injury wins for our clients. Our dedicated personal injury lawyers are eager to fight for you.
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RMD Law found an insurance code violation by the defense insurance company in a motorcycle accident case. With smart lawyering, we used the violation to argue that the $100,000 policy limits no longer applied.
$5,100,000
The insurance company wrongfully refused to pay our client the $100k policy limit in a rollover auto accident. RMD Law refused to take no for an answer, and filed a lawsuit alleging bad faith, ultimately winning millions for our deserving client.
$3,030,000
Confidential bad faith settlement – a negligent driver t-boned our client at a red light resulting in severe spinal injuries. The defendant’s insurance company unreasonably refused to pay the $100K policy limit. RMD Law filed a lawsuit seeking the true value of the case. Policy was opened, and the client settled for an amount vastly higher than the original limits.
We care about your recovery. We stake our reputation on it.
Aria is a member of the prestigious Multi-Million Dollar Advocates Forum®. He speaks English, Farsi, and Spanish.
Nicole has settled hundreds of personal injuries claims, known for her professional, honest, and caring approach.
John is a former defense lawyer turned award-winning personal injury lawyer. He speaks English and Farsi.
Associate Attorney Yen Quach started work at RMD Law in 2017 as a paralegal. Injured clients seeking justice from insurance companies can do no better than Yen.
Ryan is a caring and experienced litigator. He defended scores of depositions and understands what it takes to move a case in California.
Ariana Martin is one of RMD Law’s skilled personal injury lawyers. She brings a lot of legal experience to the table, having worked previously in the field of insurance defense.
At RMD Law, we believe that reputation is everything. When clients trust us with their cases, we do everything in our power to help guide them. That means personal service and sharp advocacy. We care about the details of your case because that is how we can get you the best settlement.
In 2021, there were 5,932 motorcyclists killed — 14% of all traffic fatalities. Based on the National Highway Traffic Saftey Administration (NHTSA) data, motorcycle riders are 4 times more likely to be injured.
According to the University of California, Berkeley – Safe Transportation Research and Education Center (SafeTREC) Orange County has one of the highest fatal motorcycle rates in California.
Common factors include:
We are Orange County personal injury lawyers servicing all of California. Our attorneys regularly handle cases from all over the state.
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RMD Law is a California Personal Injury law firm. We help victims who have been injured in accidents due to someone else’s negligence. RMD Law offers free no-obligation case evaluations for our clients.
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