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Orange County Motorcycle Accident Attorneys

The Orange County motorcycle accident lawyers at DiMarco | Araujo | Montevideo have over three decades of experience helping drivers after motorcycle crashes or collisions. We know that many motorcycle accidents are the cause of California drivers who are not aware of the special rights that motorcycle drivers have. We are aware that, sadly, over fifty thousand injuries happen every year to motorcycle riders. The tragic part is that though most motorcycle accidents are not the fault of the motorcycle driver, over 80% of motorcycle accidents result in injury or death. We truly to want to help and be on your side in any way we can.

How to File a Motorcycle Accident Lawsuit Claim

Most motorcycle accidents (over 75%) involve an automobile so they are typically rather traumatic accidents. If you or a family member has been the victim of a motorcycle accident and you have questions about how to bring a motorcycle collision legal cause of action and/or how to file a motorcycle accident workers’ compensation claim, call us today at (714)-783-2205. We will discuss your options and the following with you during your free consultation:

  • Options of how you may be able to do-it-yourself.
  • What would be involved in suing another party and filing your legal claim(s) for workers’ comp and/or third party personal injury.
  • Potential litigation issues including: pleadings, investigation, expert witness depositions, written discovery, law and motion, types of causes of action, lay witness depositions, legal evidentiary standards of proof and legal requirements, potential special and general damages including: medical treatment, bodily injury, loss of earnings, temporary disability benefits and other damages and benefits you are entitled to recover.
  • The answers to all of the questions you probably have about how we can help you navigate the legal system during this very difficult time.
  • How we could make your case simple, efficient and successful.

Our experienced motorcycle crash lawyers and staff are here to take the stress, load, and pressure of a lawsuit off of your shoulders. We want to offer you the peace of mind that you are in good hands. If after meeting with us, and hearing about the numerous critical steps and costs that are needed to investigate, file, litigate, negotiate and potentially take your trucking injury case to trial, know that we are always here to step in and handle it for you. We hope that you and your family have the best of all possible recoveries.

Call Us & Do Not Settle for Less

The insurance company’s teams of lawyers have one goal in mind: Paying the minimum compensation possible and getting injured motorcycle riders and drivers to settle for much less than they actually deserve. It is important for you to speak with our team during a free initial consultation to discuss your case and let us evaluate what you are legally entitled to. We will meet with you at your house or hospital room if you are unable to come to us for any reason. We will even meet during the evenings and on weekends by appointment. We care about our clients and we want to be your true ally during this tough time in your life. We will even ensure that you are getting the comprehensive and timely medical care that you deserve. Contact us today or tonight at (714) 783-2205.

Statute of Limitations

It is critical to call us soon for many reasons including these three main ones. First, it is best if we are able to investigate your case, interview witnesses and guide you from as soon after the accident as possible. Second, there are statutes of limitations on many types of motorcycle accidents and motorcycle defects so it is important that we file your lawsuit within the designated time frame. And lastly, the sooner you have your free case evaluation and initial consultation with us, the sooner you will know the merits of your case, how you should deal with the insurance companies, and your legal options.

Offering You Peace of Mind

It is frightening to be in an accident and it can be even more frightening to not know where to turn for help. The attorneys at DiMarco | Araujo | Montevideo are here to assist you in making an already painful situation a little less painful and hopefully less stressful as well. The attorneys at DiMarco | Araujo | Montevideo will work hard to collect a maximum cash award for your injuries, medical bills, motorcycle repair, protective motorcycle gear repair, loss of wages, pain and suffering, as well as any other related costs and expenses. The damages that we may attempt to go for on your behalf also include property loss, loss of enjoyment of life, loss of consortium (marital services and support) and more. At DiMarco | Araujo | Montevideo we will guide you through the often complex and confusing legal process, allowing you the time necessary to heal and recuperate.

Types of Motorcycle Accidents

During our career as motorcycle collision lawyers since 1979, we have seen and helped the full range of bike and chopper accident victims. The most common, though, have been hurt from:

  • Defective motorcycles, parts and equipment;
  • Negligent motorcycle repairs or negligent motorcycle part installation;
  • Splitting lanes;
  • Car door collisions;
  • Off road and stunt riding;
  • Poor road conditions or poor road design;
  • Drunk driving or being hit by a drunk driver;
  • Excessive speed;
  • Red light accidents;
  • Motorcycle failure;
  • Driver failed to yield to motorcycle;
  • Cars or other bikes push or crowd bike into other lane, off of road or into oncoming traffic;
  • Drowsiness due to medications or lack of sleep;
  • Distractions such as texting, talking on a cell phone, or eating;
  • Drivers not signaling while changing lanes;
  • Drivers not seeing a motorcycle (“Just didn’t see me or my bike”); and
  • Drivers impaired by drugs.

Even if your motorcycle accident was a single bike accident, there are many ways where you are not fully at fault. Also, keep in mind that motorcycles have the same right of ways as cars and trucks do. In many injuries that we have successfully represented, the driver of the car at fault wrongly thought that their car had a right over a motorcycle and errantly took the right of way.

Types of Motorcycle Accident Injuries

We are troubled to report that there have been over 2,500 motorcycle accident deaths in some years. That is more than seven per day. The news doesn’t get better there as there are hardly any “minor motorcycle accident injuries.” The most common motorcycle crash injuries that we have seen during our 30+ year career are:

Sharing the Road

Many bike accidents would have been avoided if car drivers knew what rights motorcycle drives had and that cars need to share the road equally with motorcycles. This includes lane splitting and all right of way laws.

M-1 or M-2 Endorsement

California has gone further than just the safety fund that it setup for motorcyclists in its attempt to keep motorcycle drivers and riders safe. Those who want to drive motorcycles must get an M-1 or M-2 endorsement for their CA Driver’s License. This includes a written exam, a riding skills test at the DMV or certified partner of the DMV, and the completion of a Basic Rider education class that is approved of by the CHP (if the applicant is under 21). This is all codified into law by California vehicle code Section 406(a).

Other Motorized Vehicles

The California vehicle code also has rules, safety equipment regulations and age minimums for motorized bikes, motorized scooters, motorized skateboards, pocket bikes or mini motorcycles, and motor-driven cycles. Be sure to review California vehicle code 406(b) for more information on this.

Insurance Coverage

If you are not at fault for the accident, then the law does provide you with all of your current and future costs associated to the injury in addition to a number of damages including pain and suffering. If you were partially at fault, it is called comparative fault and that is discussed in the next paragraph. It is important for you to know exactly what your insurance covers and what the limits are. Before we discuss the different aspects of insurance, please know that we have over thirty years of experience dealing with injuries and insurance companies and we are very willing to give you a free initial consultation to discuss your specific case, your specific insurance limits and your insurance and compensation options.

Liability vs Coverage

This is a main aspect of all cases that involve insurance. The car that hit you and your motorcycle may clearly be at fault and thus may clearly be liable for causing the accident. But, even though that car is liable, their insurance company only has to pay up to the covered limits that the driver paid for. We have the experience to know how to maximize what you get from the insurance company. We know how to break down the other driver’s policy to see if their umbrella coverage or other types of coverage will kick in for your case. We will even talk to you about legal options beyond just dealing with the at fault driver’s insurance company.

Bad Faith Insurance Claims

Their insurance company does have a duty to defend due to the “implied covenant of good faith and fair dealing.” If you feel your insurance company is not defending or representing you as fully as you feel they should, be sure to talk to us as insurance bad faith claims are another area that we have worked in for 30+ years.

Uninsured Motorists (UM) and Underinsured Motorists (UIM)

With supposedly one in at least every six drivers on the road today having no insurance, it is important for all drivers to carry uninsured motorist insurance. It is also important to speak with your insurance company about your policy and your policy limits to make sure you have enough coverage as sometimes we can try to save too much money on our insurance policies. This puts us in any underinsured position and that may be hard on you in the event of an accident. So, be sure to discuss your coverage limits for your collision, comprehensive, uninsured/underinsured motorist coverage, loss of use, loan/lease payoff, towing, personal property, umbrella, and buying online coverage.

Comparative Fault

In some motorcycle accidents, the injured party has a share of the blame for the accident. California is a pure comparative fault state which means that the injured person can still recover a portion of their damages if they had 99% or less of the fault for the accident. If the injured person was 100% at fault, then they do not have a right to any damages.

Motorcycle Makers

Motorcycles are made by a variety of companies that each have their own unique take on what a bike should be able to do and how it should be built. Some of the brands of motorcycles are Harley Davidson, Honda, American Eagle, American Iron Horse, ATK, Bajaj Auto, Benelli, Big Dog Motorcycles, BMW, Boss Hoss Motorcycles, California Sidecar, Cerros Motos, Cheetah Trikes, Cobra Motorcycles, Desperado Motorcycles, Ducati Motor, Exile Cycles, Husaberg Motor, Indian Motorcycles, JAWA Divisov, Junior Motorcycle, Kawasaki, Lightning Motorcycles, Orange County Choppers, Ridley Motorcycle, Royal Enfield, Suzuki, Titan, Triumph, Warlord Custom Cycles, West Coast Choppers and Yamaha. Many of these companies create custom or modified cycles, bikes and trikes. Be aware of all product defects, motorcycle recalls and motorcycle defects as it can be important.

CalTRANS and Motorcycles

One agency that can be held responsible in the case of some motorcycle accidents is CalTRANS. They are the state department that manages California’s freeways and highways and works with local agencies to connect local streets to the highway’s overpasses, offramps, onramps, and interchanges. Some causes of accidents where CALTRANS could be at fault are dangerous road conditions, a lack of a center divider or guard rails, ineffective road designs, defective downhill designs, and unmaintained roads and highways. In addition, poor water flow and drainage can be especially dangerous to the two wheels of motorcycles. It can cause puddles, loose gravel, obstructive water spray onto windshields, slippery conditions, and other accident causing conditions. CalTRANS can also be liable if their traffic control devices are negligent or not properly installed such as warning signage, stop signs, road paint, unsafe or badly marked detours, bollards, traffic lights, reflectors, unsafe merging lanes, and detours.

Cities, Counties & CalTRANS Approve Designs

In addition to planning, government agencies have direct oversight over construction projects including street, housing, road, commercial, shopping, parking lot, buildings, intersections and freeway projects. This oversight can create a duty and responsibility of the building, safety, permit and/or planning division of municipal, state and federal governments. Most city, county or statewide agencies have a building and planning division that oversees commercial and residential construction projects. This responsibility may put the government at fault for your motorcycle accident. We have over three decades of dealing with state and local agencies and we will be tireless in our pursuit of justice for you.

Department of Motor Vehicles

The Department of Motor Vehicles (DMV) is the state agency that creates, controls and issues licenses to all drivers in California. The DMV has a duty to keep dangerous drivers off of the road, test new drivers to ensure all drivers are aptly ready to get behind the wheel and do regularly retesting of adults as they age. This is especially true as people become older adults and seniors. As mentioned above, the DMV has direct oversight of the testing of potential motorcycle drivers and the inspection of their motorcycles.

Transportation Districts & Motorcycles

California has many transportation districts and all too frequently, the drivers of their buses and trains cause motorcycle accidents. The public transportation in Orange County is provided by the Orange County Transportation Authority (or the OCTA at www.octa.net).

Transportation Districts throughout California

There are too many transportation districts to list here as even some cities have their own bus and transportation services. We have, though, listed the larger transportation districts along with their website.

Importance of Police Reports

It is critical that police reports tell an accurate portrayal of what happened in your motorcycle accident. Our seasoned motorcycle collision lawyers know how to prepare a rebuttal to a police report if there is anything that needs to be corrected on the police report of your accident.

Bilingual Motorcycle Accident Lawyers

You have found the right firm if you need to speak to a lawyer in Spanish regarding your motorcycle accident. We have helped Spanish speaking clients since 1979. Click on “En Español” to translate this page to Spanish or call us at any time.

Contact Our Firm – Free Consultation

Law Offices of DiMarco | Araujo | Montevideo
Orange County, California
Available 24 Hours a Day: (714) 783-2205

Motorcycle crashes can be tragic. Our goal will be to win your case so that your recovery and your future will be as good as possible. We are on your side and ready to walk with you. All initial case evaluations and consultations are complimentary. You will speak with and meet an attorney. You will not incur any legal fees or costs for our time and assistance unless we win your case. Personal Injury and work injury attorneys at DiMarco | Araujo | Montevideo are available to meet at our Orange County office, your home or hospital room Monday – Friday 8:30am to 5:30pm. Our attorneys and staff are also available all other times, including evenings, Saturday and Sunday, by appointment. If you cannot come to our office we will come to you. Our top-notch reputation is well known throughout Orange County, Long Beach, Los Angeles, Riverside, San Diego, San Bernardino, San Jose, Sacramento, Fresno, San Francisco and all of California. You can call our firm any time of the day or night at (714) 783-2205.

We Are Motorcycles Lawyers Who Care About You