According to a recent report by the National Highway Traffic Safety Administration (NHTSA) motorcycle accidents account for over 15% of all motorcycle accidents in California. In 2023, more than 180 motorcycle passenger accidents were recorded in Kern County alone, 45% of which resulted in serious injuries.
As an experienced motorcycle accident lawyer in Bakersfield we are often confronted with the misconception that motorcycle passengers do not have the same rights to compensation as motorists. This is completely incorrect – passengers often have an even stronger legal standing because they can rarely be held responsible for an accident.
Most Common Injuries Sustained by Motorcycle Passengers
Unlike passengers in a car, motorcycle riders are extremely vulnerable. The most common injuries include:
- Head and brain injuries (73% of cases)
- Spinal injuries (58% of cases)
- Fractures of the extremities (82% of cases)
- Road rash and friction burns (95% of cases)
Who Is Liable for the Accident
As a motorcycle passenger, you can file a claim against:
- Motorcycle driver (if at fault for the accident)
- The driver of the other vehicle
- Motorcycle manufacturer (in case of mechanical failure)
- City authorities (if poor road conditions contributed to the accident)
What Does Compensation Cover?
Our team at motorcycle accident lawyer Bakersfield has successfully secured compensation covering:
Medical Costs
- Emergency aid
- Hospital treatment
- Rehabilitation
- Future medical needs
Lost Wages
- Missed workdays
- Decreased ability to work
- Loss of future income
Non-Economic Damages
- Physical pain and suffering
- Emotional stress
- Damaged quality of life
Steps After the Accident
- Seek immediate medical attention, even if you think you have no serious injuries. Many symptoms, especially with head and neck injuries, may not appear for several days. Be sure to keep all medical records, including bills, prescriptions, and medical records. These documents will be key evidence for your claim.
- Gathering evidence is key If you are able, photograph the scene of the accident from multiple angles, including damage to vehicles and any visible injuries. Write down the contact information of all witnesses to the accident. Request a copy of the police report as soon as it is available. All of this documentation greatly increases the chances of successfully exercising your rights to compensation.
- Do not give statements to insurance company representatives before consulting a lawyer. Insurance companies often try to minimize the value of your claim by offering quick settlements that are significantly less than the actual value of your injuries. Avoid signing any documents, and do not accept initial offers without legal advice.
Why is it Important to Hire a Lawyer?
Statistics show that victims of motorcycle accidents involving lawyers receive an average of 3.5 times as much compensation. As your motorcycle accident lawyer Bakersfield, we:
- We investigate all the circumstances of an accident
- Identify all the responsible parties
- Evaluate the real value of your injuries
- We negotiate with insurance companies
- We represent you in court if necessary
California Motorcycle Laws
It is important to understand how California laws protect your rights as a motorcycle passenger. Under California state law, you have two years from the date of the accident to file a claim for damages. Do not miss this deadline or you will lose your right to any compensation.
Even in situations where the motorcycle driver is partially responsible for the accident, you as a passenger are still entitled to compensation. California’s system of comparative negligence allows you to claim damages from all parties who contributed to the accident, including the driver of the motorcycle you were riding.
Even if you were not wearing a helmet at the time of the accident, you still have the right to claim damages. However, insurance companies may try to reduce the amount of your compensation by claiming that you have contributed to the severity of your injuries by failing to adhere to safety regulations. Our team of lawyers knows how to deal with these situations and ensure you the maximum possible compensation.
Why Choose Bojat Law Group
As the specialized motorcycle accident lawyer of Bakersfield, our firm offers:
- Free initial consultations
- Working on a contingency fee basis (no charge until we win your case)
- Proven experience in motorcycle accidents
- A team of medical and traffic experts
- 24/7 availability to clients
Do not let the complexity of the legal system prevent you from exercising your rights. As a motorcycle passenger, you are entitled to full compensation for injuries suffered. Contact us today for a free consultation and find out how we can help you get the compensation you deserve.