Motorcycle Accident Lawyer Ventura County
Motorcycle accidents are some of the most devastating accidents on the road. Distracted and negligent drivers often fail to see motorcycles. When this occurs, it rarely matters how secure your helmet was or how safe you were driving.
Since bikers are among the most vulnerable drivers, they may sustain life-altering injuries that require hospitalization and rehabilitation. It’s difficult for many families to bear the financial burdens caused by these accidents. With the help of a Ventura County motorcycle accident attorney you will be able to recover the compensation you are entitled to receive.
Who is responsible for the accident?
Every motorcycle accident attorney in Ventura County is unique. There isn’t a simple answer to who provoked the accident. Someone will eventually compensate the victim for injuries, vehicle damage, lost wages, and also pain and suffering. Some cases may be easy while others are quite complicated. We generally deal with three things in a bike accident lawsuit:
- The insurance companies involved – Insurance companies don’t like to pay more than what they are supposed to. Many times, they pay out very little to cover the damages. They may say that it was the other person’s fault and make inadequate offers.
- Individuals driving the vehicle – Many people like to sue the vehicle driver because they don’t have insurance or can’t pay out of pocket. Whatever your situation is, it’s important an experienced Ventura County motorcycle accident attorney helps you understand what your legal options are.
- Corporate vehicles – Oftentimes, these companies are responsible for the accident. However, it all depends on the specifics of your case. These cases can be very complex as they involve not only your personal insurance company but also the insurance of the company owning the vehicle. These companies have attorneys who help them handle their cases and protect their rights. This type of situation will require a well versed Ventura County motorcycle accident attorney.
Unfortunately, insurance companies do not always have your best interests at heart. This is why it is essential that you retain an experienced Ventura County motorcycle accident attorney who will advocate for you and your right to fair compensation.
Regardless of the severity or complexity of your case, your focus should be on your health. We always pursue our clients’ best interests. We will handle all communication with your insurance company while giving you the information you need to make educated decisions about your future.
Contact us for a free initial consultation
You need to hire a tenacious advocate after a motorcycle crash. J. Jeffrey Herman has extensive experience helping a variety of individuals who have been involved in a motorcycle accident in Ventura County. He is familiar with how insurance companies try to reduce your compensation and will seek the maximum compensation on your behalf. Although the focus should be on recovering physically and emotionally your finances may not become financially stable without adequate legal assistance. Remember a delay may affect your right to compensation. Call us today and schedule your free case evaluation.
Even if you do know a thing or two about California’s vehicle code and laws pertaining to motorcycle crashes, it can be challenging to think straight in the event of a motorcycle accident in Ventura, Oxnard, Camarillo, or another city in California. That’s because the confusion, shock, and adrenaline – all common effects of being a victim of a motor vehicle accident – get in the way and make you forget everything you knew about state and federal laws.
That’s where our Ventura County motorcycle accident attorney from The Law Offices of J. Jeffrey Herman comes in handy. We are about to give correct answers to some of the most frequently asked questions by Californian people after suffering an injury in a motorcycle-related crash.
Can I Recover Damages if I Was Lane Splitting?
Many injured motorcyclists in California tend to believe that they are not entitled to any financial compensation just because they were lane splitting – or, in other words, riding a bike between rows of slow-moving or stopped vehicles – at the time of the collision.
“Let’s not forget that California is one of few states that make the practice of lane splitting legal,” reminds our Ventura County motorcycle accident lawyer. “Although most car drivers hate it when motorcycle riders ride between two lanes when they have to sit in traffic jams for hours, California state law does not outlaw the practice of lane splitting.”
However, just because you were lane splitting at the time of the collision does not necessarily mean that you were not at fault. As a motorcyclist in California, you are still required to abide by other traffic rules and practice prudence while lane splitting. Generally, bikers are expected to reduce speed when lane splitting.
Can I Get Compensated for My Injury if I Wasn’t Wearing a Helmet?
If you did not have a helmet on you when the motorcycle collision occurred, it might seem as if you will not be able to obtain compensation for your injury. But that is not necessarily true. Our Ventura County motorcycle accident attorney at The Law Offices of J. Jeffrey Herman explains that “since California law requires motorcycle drivers and passengers across the state to wear protective headgear when riding in Oxnard, Ventura, Camarillo, and elsewhere in California, the insurance company will most likely claim that not wearing a helmet makes you fully responsible for your injury.”
While it is true that the fact that you were not wearing protective headgear will be considered a form of negligence by California courts, there will be a fine line between the lack of helmet aggravating your injury and the lack of helmet contributing to the accident.
“Thus, simply because you were not wearing a helmet at the time of the crash does not mean that the other party did not cause the accident,” explains our Ventura County motorcycle accident lawyer. “More often than not, the lack of a helmet can aggravate your injury, not cause the accident.”
Can I File a Personal Injury Claim if I Don’t Have Motorcycle Insurance?
Like many other states in the U.S., California requires all motorcycle riders statewide to have motorcycle insurance. But our Ventura County motorcycle accident attorney also reminds that California follows the “no pay, no play” rule, which means if a motorcyclist does not have insurance coverage, he or she can only get compensation for some, but not all, damages.
Thus, a motorcycle rider who does not carry motorcycle insurance at the time of the collision would still be able to recover compensation for general damages (i.e., lost wages, medical bills, and property damage associated with the cost of repairing or replacing the bike). Non-economic damages such as pain and suffering and even future medical expenses would not be recoverable for someone who has no motorcycle insurance.
Speak to our Ventura County motorcycle accident lawyer from The Law Offices of J. Jeffrey Herman to discuss your compensation options if you are not insured.