If you’ve experienced it, you know the thrill of motorcycling in the great state of California! From scenic coastlines to mountain passes, California has some epic rides: the Pacific Coast Highway, the Sierra Nevada Loop, the Redwood Run, the Napa Valley Run, and the Joshua Tree Scenic Route. And these are just a few! California has more motorcycle registrations than any other state – in 2023, registrations numbered more than 10,000 – and people take advantage of the great motorcycling the state has to offer.

Still, it’s essential to stay aware and alert while traveling. In 2024, 15% of all deaths on California roads were motorcyclists. And even if a motorcycle crash is not fatal, many serious injuries can result, from traumatic brain injuries to broken bones. 

According to California state traffic records, these are the top five crash factors:

• Unsafe speeds
• Improper turns
• Other vehicles had the right of way
• Driving under the influence
• Unsafe lane changes

Elements of A Personal Injury Cause of Action

If you think that someone else may have been negligent in causing your motorcycle accident, you may have a personal injury cause of action. These are the types of other parties who may have some liability to you:

• Another vehicle driver
• A pedestrian who was jaywalking
• Government entities that failed to maintain safe roads
• Mechanics who serviced your motorcycle
• The motorcycle manufacturer.

To prevail in a personal injury case involving a motorcycle, these are the elements you must prove:

• First, that the other party owed you a duty of care
• Second, that the duty of care was breached
• Third, that the breach was the proximate cause of your injuries, and
• Fourth, that your injuries are compensable

If you can prove these elements of a personal injury case, in California, you will be entitled to several types of damages. Economic damages reimburse you for your out-of-pocket expenses, including medical and rehabilitation expenses and any lost wages that you may incur. Non-economic damages include more speculative and difficult to define damages, including pain and suffering, and emotional distress. Loss of consortium and loss of companionship are also includable in non-economic damages. In extremely egregious cases, your San Luis Obispo attorney may seek punitive damages. Though rarely assessed by a judge or jury, these types of damages aim to deter egregious behavior on the part of the defendant. 

Most personal injury lawsuits, including claims arising out of motorcycle accidents, do not go to court. Rather, they typically result in a settlement between the plaintiff and the defendant’s insurance carrier. Even if you prefer to seek a settlement rather than contemplate a trial, it’s best to consult with your San Luis Obispo attorney as insurance carriers inevitably seek to pay as little compensation as possible. 

Contact the Law Offices of Earl E. Conaway, lll

If you’ve been injured in a motorcycle accident and believe that another party was at fault, the Law Offices of Earl E. Conaway, lll can help you understand the strength of your case. We have successfully handled many high-profile civil cases and will help you navigate through the complex California legal system. Contact us today for a free consultation.