In 2018 more than 4,000 motorcyclists died in motorcycle crashes. While this was down from the near 6,000 in 2017, it’s still unacceptable. The National Highway Safety Administration has found that motorcyclists are 27 times more likely to die in a crash than car passengers.
Barry P. Goldberg is considered an expert in the law field, especially where roadway accidents are concerned. He attended school in Loyola Law School of Los Angeles, got his license to practice in California, and was then admitted to practice law in all courts—including the Ninth Circuit Court of Appeals. Mr. Goldberg has handled many trials, hundreds of arbitrations, mediations, and argued before the Court of Appeals for his clients.
He’s dedicated himself to personal injury litigation and trial work with emphasis of ensuring people get the insurance coverage they deserve. He is constantly following the ever-changing laws and legal trends by reading the Court of Appeal decisions, which is a daily piece of literature.
He has many awards, that just further proves he cares about his clients and will do whatever he can for them to ensure they understand the legal process, the trial process, settlement process and more. He wants to see his clients get the money they deserve for their injuries or damages to their property. His track record proves he’s good at what he does.
If you need a motorcycle accident lawyer Simi Valley, California, Barry P. Goldberg is the attorney for you. He understands the stats that revolve around car accidents; he knows the stats for his state and area of California, and he knows what’s in the law and what isn’t.
His experience is going to be the thing that gives his clients an advantage over the insurance company they’re filing against. He knows how to handle insurance companies, their tricks, their thought processes, and he knows how to win his cases.
The Safe System Approach
This approach takes into account the other road users. This approach looks at people’s vulnerability to serious injuries and recognizes how the system needs to change to be more forgiving to human error. This is partially where the speed limit system, roadside pull-offs, safe vehicle standards and more come into play.
Did you know increasing your speed can increase your risk of crashing? And it can increase the chances of the crash being more severe. And in a serious crash risk, the death risk towards passengers in the front passenger seat goes up 4.5 times after you go over 31 miles per hour.
Furthermore, we have laws against drinking and driving because we have proof that driving under the influence can cause crashes that result in death or serious injuries more than a regular crash. If your blood alcohol level is .04, you’re at more risk for a crash, even though the state limit allows it.
Be careful out there, and find a lawyer you trust if you’ve been injured in a motorcycle accident. Contact Barry P. Goldberg today.
Common Motorcycle Accident Injuries
Motorcyclists are more vulnerable to injuries during accidents because they lack the protection of a vehicle. Here are some common motorcycle accident injuries.
- Traumatic brain injuries. Motorcyclists who suffer a blow to head during an accident may develop traumatic brain injuries. Symptoms of these injuries include headaches, confusion, nausea, dizziness and trouble sleeping. The effects of a traumatic brain injury may last a long time and require extensive medical treatment. Motorcyclists can reduce the severity of these injuries by wearing helmets.
- Biker’s arm. During motorcycle accidents, motorcyclists can get thrown off their bikes and suffer biker’s arm. This can happen if they use their arms to brace for impact. The injury can cause temporary or permanent loss of feeling in the arm. Physical therapy is often recommended to treat this injury.
- Road rash. A motorcycle accident lawyer in Simi Valley, CA frequently represents motorcycle accident victims who have suffered road rash. This injury can occur when they get thrown from their motorcycle and slide across the pavement. Although the injury isn’t fatal, it isn’t something to take lightly. It can cause scarring and even require skin grafts.
- Broken bones. Motorcyclists also frequently suffer broken bones during accidents. If they hit the ground a certain way, a body part could be forced into a position that isn’t natural. Some broken bones may require surgery and take a long time to recover from.
- Spinal cord injuries. Spinal cord injuries are one of the most serious injuries that motorcyclists suffer in accidents. These injuries can occur when motorcyclists land on their back or neck and may lead to paralysis.
Motorcycle Accident Infographic
Tips for Avoiding Motorcycle Accidents
Motorcycle accidents can result in some very serious injuries, but you can take steps to reduce your risk of getting into an accident.
- Make motorists aware of your presence. Motorcycles are much smaller than vehicles, so they are less noticeable. You can make yourself more obvious to motorists by wearing bright colors and using your headlight.
- Always be alert. Since you can’t always count on other motorists to pay attention, you must always be alert. If you notice motorists who are driving recklessly, you should stay clear of them.
- Don’t ride in bad weather. If it can be avoided, you shouldn’t ride in very rainy or windy weather. Poor weather conditions can make it more difficult to navigate a motorcycle, increasing the risk of an accident.
Steps To Take Immediately Following A Motorcycle Accident
Our Simi Valley, CA motorcycle accident lawyer can help you recover in the aftermath of a motorcycle accident, but there are also key steps you can take immediately after an accident that are crucial to your safety and your financial recovery. Every accident is different, and your accident may present unique circumstances that you must address, but the five steps listed below generally represent important actions to take after your accident. To discuss further steps to take on your path to recovery, contact Barry P. Goldberg today to schedule a consultation.
- Prioritize Your Safety
The first and foremost step after a motorcycle accident is to ensure your safety. Move to a safe area away from traffic if you can. If you’re injured, try not to move and wait for emergency services. Your health is paramount; everything else can be sorted out later. This step is critical not only for your well-being but also for the legal process that may follow. Taking care of your health now can prevent complications down the line.
- Call Emergency Services
Immediately call 911. Reporting the accident is not only important for health and safety, but it is also a legal requirement in most places and essential for documenting the incident for insurance and legal purposes. Police reports serve as a crucial piece of evidence in determining fault and liability. When you speak to the authorities, be factual about the accident details but avoid admitting fault or making speculative statements, as these can impact future claims.
- Document the Scene and Gather Information
If you are able to do so safely, gather as much information about the accident and your injuries as possible. Take photos of the accident scene, your motorcycle, other vehicles involved, and any injuries. Exchange information with the other party, including names, contact details, and insurance information. Also, get contact information from any witnesses. This information will be invaluable for your Simi Valley motorcycle accident lawyer to build a strong case for you.
- Seek Medical Attention
Even if you feel fine, it’s critical to obtain a professional medical evaluation after an accident. Some injuries, particularly internal ones, may not be immediately apparent and can have adverse effects on your future health if not treated. Having a medical record immediately following the accident can significantly help your case, as it establishes a direct link between the accident and your injuries. This step is crucial for your health and for any subsequent claim you might file.
- Consult a Motorcycle Accident Lawyer
Before dealing with insurance companies, it’s wise to consult a lawyer. Our experienced Simi Valley motorcycle accident lawyer can guide you on how to navigate the complexities of insurance claims and ensure your rights are protected. Insurance companies often aim to minimize payouts, and having a professional on your side can make a significant difference in the outcome of your claim.
Our Committed Representation
In the aftermath of a motorcycle accident, the steps you take can significantly impact your health, safety, and legal rights. If you’ve been involved in a motorcycle accident, don’t navigate this journey alone. We are here to offer professional legal guidance and support. Contact Barry P. Goldberg to ensure your rights are fully protected and you receive the compensation you deserve.
Simi Valley Motorcycle Accident FAQs
When someone has been involved in a motorcycle accident they will likely need guidance from an experienced Simi Valley, CA motorcycle accident lawyer to manage the legal process. We understand that navigating the legal aftermath of a motorcycle accident can be overwhelming. To provide you with some clarity, we have put together a list of frequently asked questions related to motorcycle accident law, along with comprehensive answers to guide you through this challenging time.
What Are The Common Causes Of Motorcycle Accidents?
Motorcycle accidents can occur due to various factors, and understanding the common causes can help you stay vigilant on the road. Some of the most prevalent causes of motorcycle accidents include:
- Distracted Drivers: Drivers who are texting, talking on the phone, or engaging in other distractions can easily fail to notice motorcycles on the road.
- Speeding: Excessive speed reduces a driver’s reaction time and increases the severity of accidents.
- Lane Changes: Many accidents occur when drivers fail to check their blind spots or use turn signals when changing lanes, putting motorcyclists at risk.
- Driving Under the Influence: Alcohol or drugs impair a driver’s judgment and coordination, making them more likely to cause accidents involving motorcycles.
- Weather Conditions: Slippery roads due to rain, snow, or ice can make it challenging for motorcyclists to maintain control, leading to accidents.
What Type Of Compensation Can I Seek In A Motorcycle Accident Claim?
If you’ve been involved in a motorcycle accident due to someone else’s negligence, you may be entitled to seek various types of compensation, including:
- Medical Expenses: Coverage for medical bills, surgeries, rehabilitation, and ongoing treatment related to your injuries.
- Property Damage: Compensation for the repair or replacement of your damaged motorcycle.
- Lost Wages: Reimbursement for income lost due to time off work during your recovery.
- Pain and Suffering: Compensation for physical pain, emotional distress, and diminished quality of life resulting from the accident.
- Loss of Consortium: Damages awarded to your loved ones for the loss of your companionship and support due to your injuries.
How Long Do I Have To File A Motorcycle Accident Lawsuit?
The statute of limitations is the specific length of time that motorcycle accident victims have to take legal action. Generally, you have two years from the date of the accident to file a lawsuit. However, it’s essential to consult with a Simi Valley motorcycle accident lawyer as soon as possible, as certain circumstances may affect this deadline and time frames can vary by state. Failing to file within the prescribed time limit could result in losing your right to seek compensation.
Can I Sue For Pain And Suffering After A Motorcycle Accident?
Yes, you can pursue compensation for pain and suffering after a motorcycle accident. Pain and suffering damages are often categorized as non-economic damages and encompass both physical pain and emotional distress resulting from the accident. These damages aim to provide compensation for the intangible losses you experience, such as the trauma and mental anguish caused by the accident. To determine the amount you can claim for pain and suffering, various factors, including the severity of your injuries and their impact on your life, will be considered.
What Evidence Is Crucial In Building A Strong Motorcycle Accident Case?
Building a strong motorcycle accident case requires gathering and preserving essential evidence. Some crucial pieces of evidence include:
- Police Reports: The official accident report can provide valuable information about the circumstances and initial assessment of fault.
- Photographs and Videos: Visual evidence of the accident scene, vehicle damage, road conditions, and injuries can be instrumental in supporting your claim.
- Witness Statements: Eyewitness accounts can corroborate your version of events and strengthen your case.
- Medical Records: Detailed medical records documenting your injuries, treatment, and prognosis are essential for proving damages.
- Expert Opinions: Expert witnesses, such as accident reconstruction specialists or medical experts, can provide professional assessments to support your case.
Motorcycle Accident Glossary
Welcome to our glossary for individuals seeking a Simi Valley, CA motorcycle accident lawyer. Understanding legal terms can help clients make informed decisions about their cases. Below, we define key legal concepts commonly involved in motorcycle accident claims.
Personal Injury Litigation
Personal injury litigation addresses disputes where individuals seek compensation after sustaining injuries due to another party’s negligence or intentional actions. In the context of motorcycle accidents, this type of litigation typically revolves around claims for various damages the victim has incurred due to the accident. These claims can include compensation for medical expenses, such as emergency room visits, ongoing treatment, and physical therapy. Personal injury litigation also often addresses compensation for lost wages, which account for income lost when the injured party cannot work while recovering. Other damages may include pain and suffering, emotional distress, and other non-economic losses. The goal in these cases is to achieve a fair financial outcome that addresses both immediate and future needs arising from the accident.
Statute Of Limitations
The statute of limitations is a critical factor in any personal injury case, as it sets a legal deadline for filing a lawsuit. In California, individuals involved in motorcycle accidents generally have two years from the date of the accident to initiate legal proceedings. This time frame means that the injured party must take action within this period if they wish to pursue compensation. Failing to file within the statute of limitations can bar them from taking legal action, leaving the injured party unable to claim damages even if they have a valid case. This legal requirement underscores the importance of promptly seeking legal advice following an accident. Our team can help determine the appropriate timeline and ensure that all paperwork is properly filed.
Comparative Negligence
California’s “pure comparative negligence” rule allows accident victims to seek compensation even if they share some of the blame for the incident. Under this doctrine, the fault is divided among all parties involved, and each party’s compensation is reduced based on their level of responsibility. For instance, if a motorcycle rider is deemed 20% at fault for an accident, any awarded damages will be reduced by that same percentage. Comparative negligence allows individuals who might otherwise be barred from recovery to still obtain compensation for their injuries, though at a reduced amount. This approach provides a balanced solution, taking into account the fault of all parties while still allowing victims to recover damages they need.
Pain And Suffering
Pain and suffering represents a type of non-economic damage, compensating accident victims for the physical and emotional impact of their injuries. Unlike direct costs, such as medical bills or lost wages, pain and suffering addresses the more personal consequences of an injury. This may include physical pain, emotional distress, loss of enjoyment of life, and disruptions to daily routines. The value of pain and suffering is often subjective and can depend on the nature and long-term effects of the injuries. A more severe injury typically results in higher pain and suffering damages, as it impacts the victim’s life on a greater scale. We work to gather evidence, such as medical records and testimonies, to support fair compensation for these intangible losses.
Liability
Liability refers to the legal responsibility for an accident. In motorcycle accident cases, establishing liability involves demonstrating that another party acted negligently, resulting in the accident. For example, if a driver fails to yield or makes an unsafe lane change, they may be considered liable if their actions directly led to the accident. Proving liability often requires gathering evidence, such as police reports, eyewitness accounts, and surveillance footage, to build a strong case. Liability is essential because it determines who is financially responsible for the victim’s losses, including medical costs, lost wages, and other damages. By establishing liability, we work to hold negligent parties accountable and pursue the compensation our clients need.
At Barry P. Goldberg, we are dedicated to helping motorcycle accident victims understand and exercise their rights. Our team can provide the support and guidance you need to seek compensation for your losses and begin moving forward. Contact us today for a consultation to discuss your case and potential next steps.
Seek Legal Guidance Today
At Barry P. Goldberg, we are committed to helping you navigate the complexities of motorcycle accident law. It’s critical to reach out to our experienced Simi Valley motorcycle accident lawyer to help in answering your questions and providing legal assistance. We are here to provide you with personalized guidance and fight for your rights. Contact us today for a free consultation and let us help you seek the justice and compensation you deserve. Your road to recovery starts with us.
Getting Compensation For Severe Road Rash After A Motorcycle Accident
Our Simi Valley, CA motorcycle accident lawyer knows that road rash is one of the most common and painful injuries motorcycle riders experience in an accident. Even with protective gear, severe road rash can lead to long-lasting pain, scarring, and the risk of serious infection. If you’re dealing with severe road rash after a motorcycle accident, you may be eligible for compensation to cover medical bills, lost wages, and other damages. We have locations throughout California and are here to help you when you need to move forward with your claim.
What Is Considered “Severe” Road Rash?
Road rash refers to the skin abrasions and bruises caused by sliding across pavement or rough surfaces. While mild road rash might only affect the top layer of skin, severe road rash can penetrate deeper layers, causing damage to muscles, nerves, and even bones. Severe cases often require medical treatment, including cleaning, dressing wounds, and possibly even skin grafts. It can leave permanent scars, lead to infections, and cause mobility issues.
Can I Claim Compensation For Road Rash If I Was Partially At Fault?
Yes, you may still be able to pursue compensation even if you share some responsibility for the accident. Many states follow a system of “comparative negligence,” meaning that as long as you’re not primarily at fault, you may still receive compensation. However, your recovery could be reduced based on your percentage of fault. For example, if you’re found to be 20% at fault for the accident, your compensation might be reduced by that same percentage.
What Types Of Compensation Are Available For Severe Road Rash Injuries?
When filing a claim for road rash injuries, there are several types of damages you may be eligible to recover. Our motorcycle accident lawyer in Simi Valley can tell you that medical expenses typically include doctor visits, surgeries, medication, and physical therapy related to your road rash. Lost wages cover the income you lost due to your injury, and in cases where your earning ability has been permanently affected, you may also recover compensation for reduced earning capacity. Non-economic damages may include pain and suffering, emotional distress, and other impacts on your quality of life. Severe road rash can be more than a physical injury—it can affect self-esteem, mental health, and daily activities.
How Long Do I Have To File A Claim For My Road Rash Injuries?
Most states have statutes of limitations that define how long you have to file a personal injury claim. These time limits vary by state, and if you don’t file within this period, you may lose your right to seek compensation. It’s generally best to start the process sooner rather than later so we can preserve evidence, gather medical records, and ensure all necessary paperwork is completed on time.
Do I Need To Document My Injuries For A Road Rash Claim?
Yes, documenting your injuries is a critical part of building a strong case. Photos of your road rash immediately after the accident and during the healing process are helpful, as are medical records, doctor’s notes, and treatment receipts. If your road rash requires additional medical care, such as dressing changes, skin grafts, or physical therapy, those records are important as well.
Getting Compensation After Severe Road Rash
If you’ve suffered severe road rash in a motorcycle accident, you don’t have to face the financial burden alone. At Barry P. Goldberg, we’re here to support you in seeking fair compensation for your injuries and losses. Contact our trusted motorcycle accident lawyer in Simi Valley today to discuss your case in a free consultation and learn more about your options for recovery.