Irvine Motorcycle Accident Lawyer

Were You Injured in a Motorcycle Accident in Irvine?

In 2020, Motorcycles only made up 3% of all registered vehicles in the United States. However, the injury rate of motorcyclists was four times higher than the rate of passenger vehicle occupants. Regardless of how cautious a rider is, these statistics indicate that accidents do happen. If you were injured in a crash, you will require superior representation to recover all of the suffered losses.

The Law Offices of Daniel Kim specializes in personal injury law, including motorcycle crashes. Our 98% success rate has led to millions of dollars recovered in settlements and verdicts. We are dedicated to protecting the rights of our clients and will always advocate on their behalf.

No Win. No Fee. Guaranteed.

We work on a contingency fee basis, which means that we do not charge any upfront legal fees. Instead, we are only compensated if we can successfully produce a case win. This agreement is a great way to provide top-tier representation without being concerned about upfront costs or going into debt. To learn more about our law firm, schedule a free consultation with our Irvine office.

Other Practice Areas We Specialize In

Why Hire Daniel Kim as Your Irvine Motorcycle Accident Lawyer?

Daniel Kim has extensive experience handling motor vehicle accidents caused by another party’s negligence. His hard work and dedication to his clients have earned him an AVVO rating of 10.0, the highest possible rating that is only awarded to lawyers who have been consistently rated highly by peers and clients. Daniel has also been recognized by Martindale Hubbell, earning an AV Preeminent rating, the highest possible rating that highlights an attorney’s excellence in the legal field.

In addition to our legal expertise, our award-winning team is friendly, attentive, compassionate, and always respectful to our clients. We understand their needs and will work tirelessly to get them the compensation they deserve. When working with us, we will:

• Connect clients with the best medical providers in Orange County, improving the rate of recovery
• Litigate the case, and represent clients in court if necessary
• Negotiate with insurance companies in order to obtain maximum compensation
• Protect clients from insurance adjusters who will try to minimize the case value
• Provide insight into the legal processes, helping clients understand their legal rights and options

At The Law Offices of Daniel Kim, we are familiar with California’s traffic laws and regulations that apply to accidents involving motorcycles, and with a 99% success rate, we have established a proven track record of winning. We also offer a free case evaluation to get started; schedule yours today.

Do You Need a Motorcycle Accident Lawyer?

While it is not mandatory for a motorcyclist to work with a lawyer, it is crucial for victims of motorcycle accidents to speak with an experienced attorney as soon as possible.

The sooner they seek legal representation, the sooner they can begin the process of getting the compensation they deserve. Motorcycle accident attorneys provide many benefits, including:

• Documenting injuries:

  By documenting sustained injuries and the rate of recovery as a result of the negligent party’s actions, compensation for the severity of injuries is justified. Evidence like medical records and medical costs to rehab injuries will be obtained to support the request for compensation.

• Investigating the accident:

  Motorcycle accident attorneys will conduct a thorough investigation of the accident scene to determine what happened and who was at fault. This information is used to negotiate an ideal settlement with the insurance company or to prepare for trial.

• Negotiating with the insurance company:

  Years of experience allow motorcycle accident lawyers to differentiate a fair settlement from an unreasonable one. If an insurance company is making unjust offers, a lawyer will aggressively negotiate for full and fair compensation.

• Possessing resources to strengthen the case:

  Established firms have access to the resources needed to build a winning case. Collaborating with expert witnesses like accident reconstructionists and medical professionals affirms which party was actually at fault.

• Representation in court:

  The majority of civil cases settle out of court, but if an agreement cannot be reached, attorneys can represent clients in court to get the compensation they deserve.

What Is the Statute of Limitations for Motorcycle Accidents in Orange County?

The statute of limitations for filing a motorcycle accident claim in California is two years. This means that someone has two years from the date of the accident or the date of injury to file a lawsuit. If a case is not filed within two years, compensation can no longer be pursued.

There are some exceptions to the deadline, but they will vary based on very specific circumstances. Therefore, it is important to contact a lawyer as soon as possible to confirm important dates like the statute of limitations.

What Kind of Damages Can Motorcyclists Recover?

Motorcycle accidents are unique, and the outcome of every accident will vary. Therefore, the amount of compensation will vary, as well. Ultimately, damages are based on what serious injuries were sustained, the cost to treat those injuries, and other damages that resulted from the crash. Common examples of losses that can be recovered include:

• At-home care or nurse
• Home renovations (wheelchair ramp, wheelchair-accessible bathtubs, etc.)
• Lost wages or loss of earning capacity
• Medication and prescriptions needed for pain management
• Motorcycle repairs or replacement
• Other property damage (cellphone, laptop, etc.)
• Past and future medical care
• Permanent disability

The value of a settlement is also based on non-economic damages, which are losses that do not hold a monetary value. This includes pain and suffering, emotional turmoil, and diminished quality of life. Insurance companies will attempt to minimize the value of any form of loss to protect their bottom line; this is why it is so vital to work with an Irvine motorcycle accident attorney.

What Are Common Causes of Motorcycle Accidents?

Like most motor vehicle accidents, the most common causes of motorcycle accidents are often linked to reckless driving. Even the most cautious riders can fall victim to other drivers who are being negligent on the road, which is why it’s recommended to always wear protective gear and to seek immediate medical attention following a crash. Here are specific examples of the most common causes:

• Dangerous road conditions – lack of road maintenance–unfilled potholes, broken street lights, faded traffic signs, etc.
• Distracted drivers – driving and texting, looking at GPS, eating, or talking with passengers
• Dooring – when a parked passenger car opens a door, striking an oncoming motorcyclist
• Drunk driving – driving under the influence of drugs or alcohol
• Lane splitting – riding between two lanes of traffic and is legal in California
• Speeding – operating a vehicle beyond the speed limit allows for less time to brake
• Tailgating – following closely behind a motorcyclist, not leaving enough room to brake for abrupt stops
• Unsafe lane changes – when drivers fail to check their blind spots or use their blinkers before switching lanes

Who Is Liable for My Injuries?

The party who caused injury to another party would be liable for injuries and other damages. However, it must be proven that the accused party’s negligent actions caused the accident. In order to prove negligence in a case, it must be proven that the other driver:

1. Had a duty of care:

   A legal obligation to act in a way that would not harm others

2. Broke that duty of care:

   Failed to honor that duty of care

3. An accident followed:

   The breached duty caused the accident

4. Damages resulted:

   A correlation between injuries and losses from the accident

Compensation is attainable if the four factors of negligence are proven, but it is important to consult with an Irvine motorcycle accident attorney as soon as possible to avoid compromising the case.

What if I Was Partially At Fault for the Motorcycle Accident? 

In California, the law of comparative negligence applies to motorcycle accident cases. This is when the plaintiff is partially responsible for causing the accident but is still eligible for recovering partial damages.

The awarded amount is reduced by the percentage of fault, so if the plaintiff is found to be 20% at fault, he or she will receive 80% of the compensation. Working with a lawyer increases the chances of still recovering damages, even when partially at fault.

What Should I Do Immediately After a Motorcycle Accident?

The actions taken following a motorcycle crash will impact a case’s value and overall well-being, so it’s vital to be proactive and ask for help where it is needed. Here are the steps to take immediately after a crash:

1. Check for injuries

   Call 911 and asked for medical assistance if necessary. Then, move to a safe location away from traffic.

2. Exchange information with the other driver(s)

   Get the names, phone numbers, driver’s licenses, and insurance information of everyone involved.

3. Take pictures of the scene

   If capable, take pictures of the accident scene, including the damage to the motorcycle, other vehicles involved, injuries, and roadways.

4. Report the event

   Even if the accident appears minor, file a police report, then obtain a copy once it becomes available.

5. See a doctor

   Regardless of whether an injury does not seem serious, seek medical attention. Only a physician can accurately diagnose and treat injuries accordingly.

6. Contact the auto insurance company

   Also, report the crash to the personal insurance provider. This initiates the claim process. However, do not speak to the other party’s insurance company.

7. Consult with an attorney

   The other driver’s insurance adjuster may offer an early settlement; these offers are often less than what is actually deserved. By consulting with an attorney, clients are presented with insight and legal options to avoid being taken advantage of by the big insurance companies.

Can I Still Pursue a Case if I Was Involved in a Hit-and-Run Motorcycle Accident?

The driver who causes a hit-and-run accident is responsible for compensating the victim. However, if the responsible party cannot be identified or located, the victim may be able to file a claim with their own insurance company.

If uninsured motorist coverage or underinsured motorist coverage is part of the victim’s insurance plan, their insurance will compensate for some damages, such as bike repairs and medical bills.

After a hit-and-run accident, it is important to seek legal assistance as soon as possible. A lawyer helps victims understand their legal rights and options, so that they can be properly compensated following a crash.

What Are the Most Common Injuries of a Motorcycle Accident?

Many victims of motorcycle accidents suffer serious injuries that require extensive medical treatment and ongoing rehabilitation. Regardless of the severity, an injured motorcyclist is entitled to damages, meant to cover the costs of treatment. The most common injuries that can be compensated include:

• Amputation
• Back injuries or paralysis
• Broken bones
• Burns
• Dental trauma
• Internal bleeding
• Lacerations or road rash
• Pierced internal organs
• Scarring
• Spinal cord injuries
• Traumatic brain injury
• Wrongful death

Irvine Motorcycle Accident Statistics

Over the past 10 years, motorcycle fatalities have increased by 19% across the US, standing at 5,932 deaths. In Irvine, CA, there were 8 motorcyclists who either suffered from severe injuries or fatal injuries.

Dangerous Intersections in Irvine

Like most of Orange County, the 405 Freeway, 5 Freeway, 55 Freeway, and 73 Freeway experience regular traffic accidents. In Irvine, CA, the most congested roadways are often the most dangerous for motorcyclists, as well. Here are the most common streets and intersections where motorcycle accidents occur.

• Jamboree Rd. and Barranca Pkwy.
• Irvine Center Dr. and Alton Pkwy.
• Gateway and Spectrum Center Dr.
• University Dr. and Campus Dr.
• Harvard Ave. and University Dr. 

Frequently Asked Questions

• Do I have a case if I was not wearing a helmet at the time of the accident?

The other party’s insurance company may try to argue that injuries were a result of not wearing a helmet, which could affect a case. However, there are other factors that must also be considered, including the severity of injuries and if the other driver displayed negligent actions, contributing to the crash.

• How long does it take to resolve a motorcycle accident case?

In general, cases can take anywhere from a few months to a few years to resolve. Factors that affect the time are the severity of injuries and the willingness of the other parties to settle. The more severe the injuries, the more time is needed to recover and to gather evidence that supports the claim. Also, if all involved parties are unable to agree on a settlement, the case may go to trial, extending the resolution date.

• Will I have to go to court for my motorcycle accident case?

Most cases are resolved without going to court. Settlements that are not reached are usually based on available evidence and the case’s value. More severe injuries often involve more compensation and will likely be contested by the other party. Additionally, if the other driver is not admitting fault, the case may be escalated to be overseen by a judge and jury.

• How much will it cost to hire a motorcycle accident lawyer?

This varies based on rates and payment structures. Some lawyers work on a contingency fee basis. This means they do not charge upfront fees and only collect a percentage of the final settlement or verdict if the case is won. The percentage of the contingency fee typically ranges between 33% and 40%.

• What if the responsible party who hit me was uninsured or underinsured?

A claim can be filed with the victim’s own insurance company, even if he or she is not at fault. If uninsured or underinsured motorist coverage is part of their coverage, then insurance may cover some medical expenses, lost wages, and other damages up to the coverage limits. Or, compensation can be recovered by filing a lawsuit against the at-fault party.

• Can I still pursue a case if the accident was caused by a road hazard or defect?

Yes. A claim can be filed against the government agency responsible for maintaining the road conditions. However, the specific laws and procedures will vary depending on the jurisdiction. It is important to note that the time limits for filing a claim involving a government entity have a shorter statute of limitations, which is 6 months from the date of the accident, instead of 2 years.

• Can I still pursue a case if I did not have a motorcycle license at the time of the accident?

Yes, a claim can still be filed. If the other driver’s negligence caused the crash, he or she can still be held accountable. However, there may be some repercussions, such as having driving or riding privileges temporarily suspended or even jail time.

• What if the insurance company denies my claim?

If the insurance company denies the claim, hire an attorney. When insurance companies see that motorcycle accident lawyers are working on a case, they will be more inclined to negotiate an offer, rather than risk a lawsuit from being filed, as going to trial is more costly for them. However, if necessary, an attorney can litigate the case in court in order to get a client the maximum compensation.

Contact Our Orange County Motorcycle Accident Attorney

Injured motorcyclists will face many obstacles trying to obtain fair compensation from insurance companies following a traffic accident. The Law Offices of Daniel Kim has a winning history of defending the rights of our clients while producing optimal results.

Do not concern yourself with dealing with the stresses of taking on big insurance companies alone, and allow us to assist you with recovery. Contact our law firm for a free case evaluation. A team representative is available to assist 24 hours a day, seven days a week–including on weekends and holidays.

Directions to Our Irvine Office

Car Accident Lawyer Daniel Kim
Address: 15615 Alton Pkwy #450 Irvine, CA 92618
Phone: (949) 529-2552