Motorcycle Accident Attorney in Orange County

Speak with an motorcycle accident orange county california attorney who can help you file a personal injury claim. We can help you recover compensation for the motorcycle crash you didn’t cause.

Motorcycle accidents in Orange County have devastating consequences, leaving riders with catastrophic injuries and complex legal battles.It’s a well-known fact that motorcyclists have a greater risk of serious injury in a crash than other drivers on the road. Even a small spill can lead to serious injuries that could result in permanent scarring, limited mobility, and an enormous amount of pain, not to mention the financial strain an accident can produce in your life.

In California, motorcycle fatalities increased 3% from 549 in 2020 to 565 in 2021. 

When other drivers put you at risk and cause an accident due to reckless or risky driving behaviors, you should be compensated for their negligence. Your motorcycle collision has likely cost you financially in property damage, medical expenses, and missed wages. You shouldn’t have to pay for these expenses when you didn’t cause the crash.

To recover your accident-related losses, hire an motorcycle accident Orange County California lawyer to help you file a personal injury claim. We can investigate your crash and gather evidence and relevant documents, and we can even fight for you in court.

Why Choose Kohan & Bablove Injury Attorneys for Your Motorcycle Accident Claim?

When you’re an injured rider, you need a law firm that understands the unique biases you face and knows how to win. At Kohan & Bablove Injury Attorneys, we are that firm. Our proven track record of success for riders across Orange County includes millions of dollars recovered for those wrongfully blamed in accidents. We remove any financial barriers with our simple promise: you don’t pay unless we win your case. This allows you to access elite legal representation without any upfront cost or risk. From the moment you hire us, we handle the insurance companies while you recover, managing every complex negotiation so your focus can remain on your health. The powerful testimonials sharing what our clients say about us reflect our unwavering commitment to achieving justice for the riding community.

What to Do Immediately After a Motorcycle Accident

In the disorienting moments after a motorcycle crash, the actions you take are critical. What you do at the scene can significantly impact your physical recovery and your ability to secure fair compensation for your injuries. While your first instinct may be shock or anger, staying as calm as possible and following these steps can protect your health and your legal rights.

1. Seek Immediate Medical Attention

Your well-being is the absolute priority. Even if you think you are not seriously hurt, you must get a professional medical evaluation. The adrenaline from a crash can mask severe injuries like internal bleeding, concussions, or soft tissue damage that may not show symptoms for hours or even days. Seeking immediate medical care ensures you are properly diagnosed and treated. It also creates an official record that documents your injuries, providing crucial evidence that links them directly to the accident.

2. Report the Accident to the Police

Always call 911 to have law enforcement dispatched to the scene. An official police report is a vital piece of evidence in any motorcycle accident claim. The responding officer will document the scene, gather statements from you and the other driver, speak with any witnesses, and often make a preliminary determination of fault. This objective, third-party report is invaluable when dealing with insurance companies who may try to unfairly blame you for the crash.

3. Document Everything at the Scene

If you are physically able, use your smartphone to gather as much evidence as possible. Take photos and videos of everything: the damage to your motorcycle and the other vehicle, your injuries, skid marks, debris on the road, and the overall scene from multiple angles. Be sure to get the other driver’s name, contact information, driver’s license number, and insurance details. If there were any witnesses, ask for their names and phone numbers. Their testimony could be crucial.

4. Avoid Admitting Fault or Speaking to Insurers

Be very careful with your words. Do not apologize or admit any fault, as a simple “I’m sorry” can be twisted and used against you. When the other driver’s insurance company calls, you are not obligated to give them a recorded statement. Their job is to find reasons to devalue or deny your claim. Politely decline their request and inform them that your attorney will be in contact.

5. Contact an Orange County Motorcycle Accident Attorney

Before you accept any offer or sign any documents from an insurance company, it is essential to speak with an experienced lawyer. The legal team at Kohan & Bablove Injury Attorneys can immediately step in to protect your rights, handle all communications with the insurers, and begin building a strong case on your behalf. This allows you to focus on what matters most: your recovery.

Understanding the Unique Dangers of Motorcycle Accidents in Orange County

Riding a motorcycle on the beautiful roads of Orange County, from Pacific Coast Highway to the inland canyons, offers an unparalleled sense of freedom. However, this freedom comes with significant risks. Motorcyclists are uniquely vulnerable, lacking the protective shell of a passenger vehicle. When a crash occurs, it is often due to the carelessness of other drivers who fail to share the road safely. At Kohan & Bablove Injury Attorneys, we know that injured riders need a strong advocate who can fight the unfair biases they often face.

Common Causes of Motorcycle Crashes

Many factors lead to motorcycle crashes, but an astonishing majority—more than 90 percent—are attributed to driver error. The most common and dangerous phrase an injured rider hears from an at-fault driver is, “I just didn’t see him.” This is not an excuse; it’s an admission of negligence. Because motorcyclists are at greater risk, what would be a fender-bender in a two-car collision can be a serious or even fatal accident for a rider.

Most motorcycle accidents in Orange County are caused by inattentive car and truck drivers engaging in the following behaviors:

• Improper lane changing: This occurs when drivers fail to check their blind spots before merging or changing lanes, cutting off a motorcyclist or moving directly into their path.
  
  
• Failure to yield: This is one of the most frequent causes of serious motorcycle crashes. A common scenario is a driver turning left at an intersection directly into the path of an oncoming motorcycle.
  
  
• Distracted driving and Texting while driving: Drivers who are texting, adjusting their GPS, eating, or are otherwise not paying full attention to the road are a significant threat to riders.
  
  
• Speeding and Following Too Closely: Car drivers often misjudge a motorcycle’s braking distance and follow too closely, leading to devastating rear-end collisions.
  
  

While negligent drivers are the primary cause of wrecks, other factors can also contribute to accidents, including poor road conditions, roadside construction sites, and defective car or motorcycle parts.

California Motorcycle Laws and Lane-Splitting Accidents

California is one of the few states where lane-splitting (riding between lanes of slowed or stopped traffic) is legal. While this is a safe way to navigate dense Orange County traffic when done responsibly, it is often used by insurance companies to unfairly shift blame onto the rider. They may argue you were riding recklessly, even if you were operating within the law. Defending a rider’s legal right to lane-split requires an attorney who deeply understands these specific nuances and can effectively counter the insurance company’s biased arguments.

Severe and Life-Altering Injuries for Riders

Without the protection of airbags, a steel frame, and seatbelts, a motorcyclist’s body absorbs the full impact of a collision. This leads to a high probability of severe and catastrophic injuries, even when wearing a helmet and protective gear. Common injuries include:

• Traumatic Brain Injuries (TBIs)
  
  
• Spinal Cord Injuries and Paralysis
  
  
• Severe Road Rash, leading to infections and permanent scarring
  
  
• Multiple Bone Fractures and Amputations
  
  
• Internal Organ Damage
  
  

These life-altering injuries require extensive medical treatment and can impact a rider’s ability to work and enjoy life forever, making full compensation absolutely critical.

Motorcyclists Aren’t Reckless

The insurance claims system is a strange one. You might even say it’s a completely biased system with a built-in conflict of interest. The very people who are insuring you and who agree to pay you in the event of an accident are also the people who review your claim to see if you have grounds to recover compensation.

Scratching your head? We are, too. But that’s another thing your motorcycle accident Orange County California lawyer can assist you with. If you work directly with your insurance company or that of a negligent other party on your own, the insurance adjusters will try to reduce the value of your claim by getting you to admit to partial fault.

They are known to use underhanded tactics to reduce your payout, such as unfairly painting motorcyclists as “reckless” and “risk-takers.” Just because you like to ride a motorcycle doesn’t mean you have a death wish. You didn’t ask to be injured just because you like the feeling of wind in your face.

Don’t let the insurance adjusters take advantage of you and get you to accept blame for a motorcycle accident you weren’t responsible for. Instead, let us deal with the insurance companies on your behalf so you can remain focused on recovering from your injuries.

Establishing Liability in a Motorcycle Accident Claim

When you’ve been injured in a motorcycle accident in Orange County, California, proving who was responsible is the most critical step in securing the compensation you deserve. The key to any personal injury claim is negligence. Negligence is based on the idea that people have a duty not to cause each other harm. This means that when you are on the road, other drivers have a duty to watch out for you and ensure you are not injured due to their carelessness. If they fail in this duty, they have breached it and can be held responsible for the injuries they caused.

However, unlike standard car wrecks, motorcycle accident claims are often complicated by unfair biases against riders. Insurance companies may try to argue that you were driving recklessly, even when their client was negligent. Successfully establishing liability requires a thorough investigation and the ability to counter these false narratives.

Identifying All At-Fault Parties

While the driver who hit you is the most obvious defendant, a comprehensive investigation may reveal that other entities share the blame. In some cases, there can be more than one responsible party. For example, if a speeding driver hit you from behind, but that happened because the driver’s brakes failed, you could go after the driver for speeding and the manufacturer of the faulty brakes. Other potentially liable parties include the driver’s employer if they were working, a government entity for a dangerous road condition, or a mechanic for faulty repair work. Identifying every potential source of recovery is key to maximizing your claim.

Navigating California’s Comparative Negligence Rule

California follows a “pure comparative negligence” rule, meaning you can still recover damages even if you are found to be partially at fault. However, your total compensation will be reduced by your percentage of blame. Insurance companies are experts at exploiting this rule and will look for any reason to shift fault onto you—claiming you were speeding or lane-splitting unsafely—to reduce their payout. It is crucial to have an attorney who can build a strong case to minimize your assigned fault and protect the full value of your claim.

The Statute of Limitations for Filing a Claim in California

You have a limited amount of time to take legal action after a motorcycle accident. In California, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the injury. If you miss this strict deadline, you will lose your right to pursue compensation forever. This is why it is essential to act quickly. Contacting the legal team at Kohan & Bablove Injury Attorneys promptly ensures that your rights are protected and that we have ample time to build the strongest possible case on your behalf.

Maximizing Compensation for Your Motorcycle Accident Claim

For an injured motorcyclist in Orange County, a settlement is not just about paying a few bills; it’s a lifeline for the future. Accidents cause great losses, including property damage, medical expenses, and emotional trauma, among many others. The catastrophic nature of most motorcycle accidents means that victims face a lifetime of consequences, and your insurance alone may not cover the full extent of your injuries.

While we are required by law to carry insurance, insurance companies often fight to minimize their payout. Securing the maximum compensation you deserve is essential to cover long-term medical care, lost income, and the profound impact on your quality of life. When you file a claim for personal injury, all of your related, documented losses can be added. This includes two main categories of damages:

Economic Damages (Medical Bills, Lost Wages, Bike Repairs)

Economic damages are the foundation of your claim, representing the direct financial costs of the accident. A thorough accounting must include:

• Medical Expenses and Hospital Bills: This covers everything from the initial ambulance and emergency room visit to surgeries, hospitalization, physical therapy, medications, rehabilitation, and any anticipated future medical needs.
  
  
• Missed Work Wages and Lost Earning Capacity: You are entitled to compensation for the income you lost while unable to work. If your injuries prevent you from returning to your former job or limit your earning potential, you can also claim damages for this loss of future income.
  
  
• Property Damage: This includes the cost to repair or replace your motorcycle, as well as any damaged custom parts, riding gear, helmet, and other personal property.
  
  

Non-Economic Damages (Pain, Suffering, and Emotional Trauma)

While financial costs are significant, they do not tell the whole story. Non-economic damages are designed to compensate you for the immense physical and emotional toll of the accident. This can include:

• Pain and Suffering: Compensation for the excruciating pain from injuries like road rash, broken bones, and nerve damage.
  
  
• Mental Health Trauma and Distress: This addresses the emotional impact of the wreck, including PTSD, anxiety, and the fear of getting back on a bike. It also covers the cost of necessary mental health services.
  
  
• Lost Enjoyment of Life: This compensates for the loss of hobbies and the unique freedom that riding once provided.
  
  
• Permanent Scarring and Disfigurement.
  
  

Because these damages are subjective, insurance adjusters aggressively try to devalue them. The experienced attorneys at Kohan & Bablove Injury Attorneys know how to build a compelling case that clearly communicates the true extent of your suffering to secure the full and fair compensation you deserve.

Understanding Negligence in Motorcycle Accident Claims

When you’ve been injured in an motorcycle accident Orange County California, you can seek compensation from the responsible party who caused the accident. In some cases, there can be more than one responsible party.

For example, if a speeding driver hit you from behind, but that happened because the driver’s brakes failed, you could go after the driver for speeding before the accident and the manufacturer of the faulty brakes for causing the actual impact.

The key to any personal injury claim is negligence. Negligence is based on the idea that people have a duty to not cause each other harm. This means that, when you are driving down the street, other drivers have a duty to watch out for you and ensure that you are not injured due to their carelessness.

If they fail in their duty to keep you safe, they have breached that duty to not cause harm and can be held responsible for the injury they have caused you. Because of the obvious risks to motorcyclists who are involved in an accident in Orange County, the threshold for drivers who injure motorcyclists to be found negligent is often lower than for other accidents.

If they aren’t paying attention or are engaging in risky behaviors like speeding or texting while driving, or if they are found even partially at fault for your motorcycle crash, they will most likely owe you compensation for your damages.

Statute of Limitations for Filing a Personal Injury Claim

To receive compensation for all you’ve suffered, it’s important that you file your personal injury claim within a timely manner. Failure to file within the time frame allowed under the law will make it difficult, if not impossible, to receive the compensation you deserve after your motorcycle wreck.

In the state of California, all personal injury claims must be filed within two years of the date of your injury. If you were unaware of your injury for a time, then you must file within one year of the date you became aware that you were injured.

When filing a claim against the government (e.g., for poor road conditions), the statute of limitations changes. Because of complications like this, it’s important to work with an motorcycle accident Orange County California lawyer who will know all the laws applicable to your case.

Proudly Serving Communities Across Orange County

Our commitment to injured motorcyclists extends throughout Orange County. Our attorneys have a deep understanding of the local roads, traffic patterns, and court systems in numerous communities. We provide focused, dedicated legal help to clients in cities including:

• Westminster
• Buena Park
• Mission Viejo
• Huntington Beach
• Irvine
• And many others throughout the region.

Work with an Motorcycle Accident Orange County California

Don’t let this motorcycle accident become a dark cloud that hangs over you for months or years. Move past the storm by filing a personal injury claim and being compensated for your losses.

Receiving compensation for all the damages you’ve suffered may give you a sense of justice for what you’ve been through and an ability to look toward a more positive future.

Contact an Motorcycle Accident Orange County California lawyer from Kohan & Bablove, Injury Attorneys to get the help you need while filing your injury claim. As experienced personal injury attorneys, we will fight for your rights as a victim of a motorcycle crash that wasn’t your fault. Call 949.535.1341 or fill out the form below for a free consultation.

Citations

California Traffic Safety Quick Stats, California Office of Traffic Safety