Oakland Motorcycle Accident Lawyers
Representing Injured Motorcyclists Throughout Northern California
Because they lack the same protections as drivers and passengers in other vehicles, motorcyclists tend to sustain far worse injuries than other motorists when accidents occur. Sadly, many motorcyclists die as a result of their injuries. For injured victims and the families of those wrongfully killed, the future is incredibly uncertain.
If you or someone you love was involved in a motorcycle accident in the Bay Area or throughout Northern California, turn to the Oakland motorcycle accident attorneys at Pacific Workers', The Lawyers for Injured Workers for the legal guidance and representation you need. Since 1994, we have been dedicated to representing injured individuals here in our community and, with more than 130 years of collective experience, our attorneys are fully prepared to fight for you and your recovery. We understand the unique challenges injured motorcyclists are up against—and we know how to overcome them. Our aggressive approach has helped us earn over a 98% success rate in the cases we have handled. We invite you to reach out to us today to learn more about how our team can help you.
Contact Pacific Workers', The Lawyers for Injured Workers today at (888) 740-6434 to request a free and confidential consultation. When you work with us, there are no attorneys’ fees unless we successfully recover compensation for you.
California Motorcycle Laws
All motorcyclists who ride in California should be aware of and abide by all state motorcycle laws. Like any other motorist, those who operate any type of motorcycle are required to follow the same traffic laws as any other type of motor vehicle. This means following all traffic control devices (stop lights, stop signs, crossing guards, etc.), yielding the right-of-way to others when required, and refraining from engaging in any lawful driving activities, such as driving while drunk, texting while driving, and more.
Additionally, California has several motorcycle-specific traffic laws, including but not limited to:
- All motorcycle operators and riders in the state of California must wear an approved motorcycle helmet. There is no exception for age or any other factor.
- Motorcyclists in California are permitted to “lane split,” meaning they are legally allowed to ride between cars/lanes in the same direction as traffic.
- Any motorcycle manufactured after 1978 must be equipped with daytime headlights, and daytime headlights must be used.
- All motorcycle operators must carry minimum liability insurance in the following amounts: $15,000 in bodily injury/death coverage per person, $30,000 in bodily injury/death coverage per accident, and $5,000 in property damage.
Additionally, if a motorcyclist is involved in an accident, they have two years from the date of the accident to bring a personal injury claim. This is known as the statute of limitations.
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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Thank you for being so kind and completely sympathetic to my case!
“I started my fight against my company's workers comp and after talking to Almarie for the first time I already felt a lot of weight off my shoulders. It feels nice to have someone fighting for your rights but also keeping you in check for your own good.”
Jazzie D. Daly City, CA -
They took care of me!
“Bilal worked on my case and he was very professional, friendly, and kind to me. I was so nervous about my deposition and he made me feel very comfortable and less stressed about the whole situation.”
Gabi O. Sacramento, CA -
The most down to earth team I have ever met!
“They have strong communication and I was respected throughout the whole process. They had never given up on me!”
Nekealla C. Tracy, CA -
I'm forever grateful & thankful to all!
“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
L.S. Union City, CA
Common Causes of Motorcycle Accidents
There is a common misconception that motorcycles are inherently dangerous and that riders often engage in risky, reckless behavior. However, this is simply not true. In fact, the vast majority of motorcyclists are highly skilled, careful, and responsible drivers.
Put simply, the number one cause of motorcycle accidents is negligence. While this negligence is occasionally on the part of the motorcycle operator, far more often, it is the negligence of another motorist that leads to these accidents. Many drivers fail to look out for motorcyclists or act carelessly when sharing the road with them. In some cases, motorists may even act aggressively toward motorcyclists—with devastating consequences.
Some of the most common causes of motorcycle accidents that can be attributed to another person’s negligence include:
- Speeding
- Distracted driving (including using a cell phone/texting while driving)
- Drunk driving/driving under the influence of alcohol or drugs
- Fatigued driving
- Improper/unsafe lane changes
- Merging into a motorcyclist who is lawfully lane splitting
- Opening a parked car’s door into a motorcyclist’s path
- Dangerous unprotected turns
- Traffic law violations
- Running red lights or stop signs
- Failing to yield the right-of-way
- Road rage/aggressive driving
In somewhat rarer cases, the negligence of another third party may lead to a motorcycle accident. Examples include defective road design or construction, defective car/motorcycle parts and safety equipment (including defective motorcycle helmets), and more.
Common Motorcycle Accident Injuries
If you were in a motorcycle accident, you are very likely to be injured. You don't have the protection that a enclosed vehicle, like a standard car, offers. Plus, most modern vehicles have innovative safety technology to protect the occupants of the vehicle. This is why it's very important that you wear protective gear when riding. Here are some of the common injuries:
- Road rash
- Head injuries
- Broken or fractured bones
- Neck injuries
- Back or spinal injuries
- Burns
What to Do If You Were Injured in a Motorcycle Accident in Oakland
After seeking medical attention and ensuring that you get the proper treatment, the most important thing you can do after your motorcycle accident is to contact a personal injury attorney. Often, the liable insurance company will employ deceptive tactics in order to get you to unknowingly admit fault; this gives them grounds to dispute or deny your claim. Do not speak to any insurance adjuster from the other person’s insurance company. Instead, reach out to the Oakland motorcycle accident lawyers at Pacific Workers', The Lawyers for Injured Workersto make sure your rights are protected.
There is no cost, nor any obligation to hire us, associated with your initial consultation. When you choose to work with Pacific Workers', The Lawyers for Injured Workers, you get an entire team of dedicated legal professionals, experienced attorneys, medical experts, and others all working on your behalf. We offer contingency fees, meaning we do not charge attorneys’ fees unless/until we successfully recover compensation in your case, either through a settlement or verdict.
Injured in a motorcycle accident? We can help. Call (888) 740-6434 or contact us online today to learn more during a free initial consultation.
Workers' Comp FAQ
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Am I Eligible for Workers’ Compensation?
In California, all employees are eligible for workers’ compensation with very few exceptions. If you are classified as an “employee” (rather than an “independent contractor”), you are eligible to receive benefits. This is true regardless of how many employees your employer has, how many hours you work, how much you make, whether you work part-time or full-time, or whether you are a seasonal worker. Additionally, undocumented workers are also eligible for workers’ compensation granted they meet all other eligibility requirements. In contrast, independent contractors and certain other workers, including some volunteers, household workers who are employed by a family member, and others, are not able to file for workers’ compensation benefits.
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Can't I Just File for Workers' Compensation on My Own?
Filing for workers' compensation on your own increases the chances that your claim will be denied. One small misstep can prevent you from obtaining the compensation you need for your injuries. In addition, the process is usually complex and tedious, especially for someone with no workers' compensation law experience. It is extremely advantageous that you seek reliable and experienced legal guidance for your claim.
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What Can I Expect from the Workers' Compensation Process?
As soon as you reach out to us for help, we will assign you a full-time case manager and attorney. An application will be filed with the Workers' Compensation Appeals Board (WCAB) on your behalf. We will get started on your case immediately to help you receive the medical care you need. If we are unable to receive a fair settlement from the insurance company, we are ready and willing to take your case to trial. After a few months, you will most likely give a deposition. One of our highly experienced attorneys will prepare you and stand at your side the entire time. You don't even have to attend court hearings! One of our trained hearing officers or attorneys can attend on your behalf.
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Can My Employer Tell Me to Use Sick Time or Vacation/Personal Time off (PTO) If I’m Injured at Work?
Following a work-related injury, you may not receive workers’ compensation benefits right away or your workers’ compensation claim may be denied. You may receive a note from your doctor that you may take time off work due to your injuries, but how will you be paid if you are not actively seeking workers’ compensation benefits? Your employer may tell you to use your state-mandated/employer-provided sick time in order to continue being paid while you are out of work. Once this sick time is exhausted, your employer may tell you that the only way you can continue to be paid is if you use your vacation or PTO time. In some cases, this may actually be the only way to continue receiving wages while you are out of work and not receiving workers’ compensation benefits. For more information, check out our video with Attorney Bilal Kassem on this topic by visiting our Facebook page!
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Can I Get Workers’ Compensation If I Was Fired?
If you were terminated while already receiving workers’ compensation benefits, this does not necessarily affect your right to receive benefits. However, if you were terminated “for cause” (for example, if you were fired because you were caught stealing from your employer), you will not be able to continue collecting benefits. If you were not fired for cause, but were laid off due to your position being terminated or various other reasons, you may still be able to continue collecting your workers’ compensation benefits. If you believe you were terminated because you filed for workers’ compensation or because you were hurt at work, you may have grounds for a retaliation claim. Learn more, including whether you can continue receiving workers’ compensation benefits if you were laid off due to the coronavirus pandemic, see our video with Attorney Bilal Kassem on our Facebook page.
