Maison Law represents motorcycle accident victims in Santa Barbara. Too many times, motorcyclists are treated as second-class motorists on the road, resulting in life-changing injuries. At Quirk, we stand up for your right to fair compensation and will take all legal action necessary to ensure you and your family’s financial future is secure.
A motorcycle accident injury doesn’t have to define the rest of your life. Take legal action today and contact Quirk Accident & Injury Attorneys for a free consultation and case evaluation.
Do I Need a Lawyer for a Motorcycle Accident?
With its mix of winding roads and stunning views, Santa Barbara is a popular motorcycle destination. SR-192 is a popular riding destination, taking riders through the Montecito area of Santa Barbara and connecting them to the twisting foothill roads that wind in and out of numerous canyons. But these roads are also high-traffic areas for 18-wheelers and other motorists, putting many motorcyclists at a high risk of being injured in an accident. And according to the California Office of Traffic Safety, motorcycle accidents in Santa Barbara are not uncommon, averaging over 2,000 injury-related or fatal accidents.
One thing these statistics don’t mention is how expensive motorcycle accidents can be for victims and their families. According to the Insurance Information Institute, motorcycle accidents have an average of around $16 billion in damages each year. For that reason, it is recommended to consult with an experienced Motorcycle Accident Lawyer at Quirk to ensure you get the full extent of your damages.
While it is common for insurance companies to blame motorcyclists for accidents or deny their claims entirely, Quirk Accident & Injury Attorneys protects injured motorcyclists’ right to fair compensation, regardless of who was at fault. If you’ve been injured while riding in Santa Barbara, our firm will ensure you’re compensated for the following damages:
- Economic damages: The financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of property repair or replacement
- Non-economic damages: These are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: These are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior (DUI, street racing)
- Actions performed out of spite
What You Will Need When Consulting with a Motorcycle Accident Lawyer for the First Time
The initial process of speaking with our law firm for the first time usually starts off with a questionnaire to assess the merits of the case. This questionnaire will provide us with key information to help determine if a case is worth pursuing or not. However, if you’d like to speak directly to one of our attorneys, you can set up a brief meeting to discuss the details of your situation prior to answering a questionnaire. The following data is what potential clients will need when they first sit down with us:
- Employment details: current or former employer, job title, dates of employment, and compensation information.
- Nature of the complaint: type of carelessness that led to your injury (premise liability, reckless driving, defective equipment)
- Timeline of events: dates of key incidents, formal complaints filed, relevant communications with the employer
- Witnesses: names and contact information of potential witnesses to the alleged misconduct
- Documentation: list of relevant documents (x-rays, MRIs, doctor’s diagnosis, physical therapy appointments, workers’ compensation forms)
- Prior legal action: if you’ve filed previous personal injury claims, then the details of your previous case may be relevant to your new case
- Medical information: details about your medical diagnosis and treatment plan
- Social media presence: your injury may be documented online, as well as you discussing the details of your personal injury
Some of these elements may seem irrelevant to your case, but trust us, they are not. Most defense lawyers will use anything they can to diminish the damage done to your life after a motorcycle accident. For example, if your social media account has videos of you speeding on your motorcycle or riding dangerously, they will most likely attempt to use that against you to say you’re a dangerous rider, even if you were safely riding when the accident occurred.
How California Law Protects Injured Riders Right to Compensation
Other drivers on the road owe a “duty of care” to the other drivers around them, including motorcyclists. Duty of care isn’t just a suggestion for drivers driving in the Plumas National Forest area; it is a law they must follow. According to Civil Code 1714, people are responsible for their actions and for preventing their property from harming others. This includes motorcyclists. The statute states:
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.”
To establish that the actions of a careless driver caused your motorcycle accident, you would need to prove the following:
- Duty of care: the other driver has a legal obligation to drive with caution and prevent any hazardous incidents that could injure someone
- Breach: the other driver failed to uphold their duty of care toward other drivers
- Cause: the other driver’s carelessness was a direct cause of the accident
- Damages: You suffered verifiable damages and incurred heavy losses due to the injuries sustained from the accident
Common Dangers that Cause Motorcycle Accidents in Santa Barbara
In 2017, according to Berkley University, nearly 22% of all motorcycle accidents were fatal or ended in severe injuries. These horrific accidents are common in Santa Barbara due to the lack of awareness from other motorists and the amount of risk involved with using a motorcycle on congested, curvy roads. The following dangers are other leading causes of motorcycle accidents:
- Absence of barriers: motorcyclists are not protected by metal, airbags, or seat belts like a typical car. The only preventative barrier is their helmet.
- Reduced Stability: Motorcycles can travel at high speeds, but at the cost of stability, making them susceptible to other vehicles, harsh weather, and hazardous road conditions.
- Reduced Visibility: Motorcyclists are less noticeable to other vehicles, especially at night.
- Poor Road Conditions: debris and other objects on the road might be easy for a car to ride over, but a motorcyclist is at a much higher risk if the road surface has been compromised.
How to Maximize Your Motorcycle Accident Settlement
Maximizing your settlement is perfectly normal, as most motorcycle accident victims will suffer major medical costs, vehicle repairs, and serious changes in their lifestyle. Motorcycle accident injuries can be life-altering, which is why at Quirk, our aim is to get your case settled fairly and efficiently.
While our team of attorneys will handle the legalities of your case, you can help maximize your settlement after an accident by:
- Seeking medical treatment: Nothing is more important than your health. After an accident, you should always get seen by a doctor, even if you feel fine. Not seeing a doctor will only hurt your chances of receiving fair compensation.
- Reporting the accident: After a motorcycle accident, it is important to get a police report. Police reports typically cover who was involved in the accident and who was at fault. It’s okay if you’re unable to get it yourself. A lawyer can subpoena that information if necessary once a lawsuit is filed with the courts.
- Gathering evidence: take your own photos of the scene and get witness statements, as well as their information. Accidents can get cleaned up quickly, and cars can get moved, so it is important to capture the damage of all the vehicles involved.
- Following up on your injuries with a doctor: Any injuries you’ve sustained from your accident will become a part of your case and you will need a doctor to corroborate your injuries.
- Contact Quirk Accident & Injury Attorneys: protect your legal right to compensation. Most accident victims find themselves overwhelmed after a motorcycle accident and fail to realize the enormous impact a serious injury can have on their lives. Our attorneys can help you understand your options and get you the compensation you need
Contact Quirk Accident & Injury Attorneys of Santa Barbara
After years of advocating on behalf of motorcycle accident injury victims, we understand that injuries are not only a result of physical harm, but often cause victims to suffer long-lasting mental trauma.
That’s why, at Quirk, we help you get immediate medical treatment, connect with a lawyer, and get a fair settlement so you can get back to living a normal life as quickly and efficiently as possible. Don’t wait until it’s too late to take legal action. Contact us today for a free consultation and case evaluation.