Riders often face immediate confusion and pressure from insurance adjusters after a motorcycle accident. Adjusters frequently use leading questions to assign partial blame, which diminishes a claim's value. An experienced Bakersfield motorcycle accident lawyer recognizes these strategies and intervenes to protect your rights.
The Law Offices of Mickey Fine manages these communications on your behalf, presenting your story accurately from the outset. We provide the clarity and direction needed to secure your financial recovery.
Contact us for a free, no-obligation consultation to discuss your case at (661) 333-3333.
Key Takeaways for Bakersfield Motorcycle Accident Attorney
- Insurance adjusters frequently use biases against motorcyclists to shift blame and reduce the value of a claim.
- California’s lane-splitting laws can heavily influence the outcome of your motorcycle injury claim.
- A physical injury allows you to seek compensation for both economic damages, like medical costs, and non-economic damages, such as mental anguish.
- Critical evidence from the accident scene, including photographs, witness information, and the police report, provides the foundation for a strong claim.
- California's statute of limitations creates a strict deadline for filing a personal injury claim, and missing it can bar you from recovery forever.
Why Choose the Law Offices of Mickey Fine for Your Bakersfield Motorcycle Crash Claim
Choosing legal representation after a wreck is a significant decision. You need an advocate who not only understands California law but also understands you and the community where the accident occurred.
At the Law Offices of Mickey Fine, we ground our legal practice in a deep commitment to the residents of Bakersfield and Kern County.
We Know Bakersfield's Roads
Our team is familiar with the unique challenges riders face on Rosedale Highway, the heavy commercial traffic on Highway 99, and the busy intersections surrounding The Marketplace. We know how accidents happen at locations from Hart Park to the roads winding through the Seven Oaks neighborhood.
Our local knowledge provides a distinct advantage when investigating crashes and communicating with local authorities.
We Simplify Legal Complexity
A motorcycle accident claim involves much more than just filling out forms. It requires a dedicated effort to investigate the crash, gather evidence, and present a compelling narrative to insurance companies or a jury.
Our legal team diligently builds your case, carving away the insurance company’s attempts to undervalue your injuries and muddle the facts. We’ll present a clear account of your collision and its impact on your life.
Personalized Attention
When you work with our firm, you receive individual attention. You always have access to your attorney. We believe clear communication empowers you and strengthens your case.
The Law Offices of Mickey Fine will answer your questions, provide regular updates, and explain your options every step of the way. We want you to focus on your physical and emotional recovery while we handle the legal burdens.
For a direct consultation with an experienced Bakersfield motorcycle crash attorney, call the Law Offices of Mickey Fine at (661) 333-3333.
Common Causes of Bakersfield Motorcycle Crashes
From the Westside Parkway to the curves along the Kern River Canyon, motorcycle riders face dangers that drivers of passenger cars simply do not. Many collisions happen because of other motorists' negligence.
Your awareness as a rider may be high, but you cannot control the actions of others on the road.
Common scenarios we see leading to a motorcycle wreck in Kern County include:
- Unsafe Lane Changes: A driver changes lanes without checking their blind spot and collides with a motorcyclist already in that lane.
- Left-Turn Collisions: A car turns left at an intersection directly into the path of an oncoming motorcycle.
- Dooring Incidents: A person in a parked car opens their door into the path of a rider, often in Downtown Bakersfield areas or neighborhoods like Seven Oaks.
- Sudden Stops: A driver brakes abruptly, causing a rear-end collision with a motorcyclist who has less time and distance to stop safely.
- Road Hazards: Potholes, debris, or unsafe road conditions can cause a rider to lose control.
We investigate the crash scene, interview witnesses, and collect all available evidence. A thorough investigation allows us to isolate the factors that led to the collision and establish who is at fault for the crash.
How a Bakersfield Motorcycle Accident Lawyer Values Your Claim
Determining the full value of your claim requires a detailed analysis of all your losses, both current and future. You have one opportunity to get the compensation you need, so you need an accurate account of every single loss related to the accident.
A comprehensive claim seeks to recover all of your losses, which may include:
- Current Medical Bills: This covers every expense from the moment of the crash, including the ambulance ride, emergency room treatment, hospital stays, and any surgeries you require.
- Future Medical Care: This compensates you for the long-term recovery costs, such as ongoing physical therapy, future surgeries, necessary prescription medications, or permanent medical equipment.
- Lost Wages: You may recover the income you lost from being unable to work while healing from your injuries.
- Diminished Earning Capacity: If your injuries prevent you from returning to your previous job or impact your ability to earn the same income in the future, you may seek compensation for this long-term financial loss.
- Property Damage: This includes the full cost to repair your motorcycle to its pre-accident condition or replace it if it was totaled. Your claim also covers the cost of any damaged gear, such as your helmet, leathers, and boots.
Finally, your claim should account for the non-economic impacts of your injuries. California law allows you to pursue compensation for pain, suffering, and emotional distress, such as PTSD, that result from the physical injuries you sustained in the crash.
A Bakersfield motorcycle accident lawyer can document and demonstrate how the collision has diminished your quality of life.
Lane Splitting Collisions in Bakersfield
California is one of the few states that legally permits lane splitting. This is the practice of a motorcyclist riding between lanes of stopped or slow-moving traffic. While legal, it introduces complex questions of fault when an accident happens.
Insurance adjusters for the other driver may immediately try to blame you for the accident simply because you were lane splitting. They might argue that you were riding unsafely or too fast for the traffic conditions.
However, the law focuses on whether your actions were safe and prudent at the time of the collision, and a lawyer’s investigation can show what actually happened. We can use evidence to show your speed, the flow of traffic, and whether the other driver caused the crash.
Did the driver change lanes without signaling? Were they distracted by a cell phone? These factors are just as relevant in a lane splitting case as in any other type of collision.
A Bakersfield motorcycle crash lawyer from the Law Offices of Mickey Fine knows how to present the facts to defend your right to share the road.
How Insurance Companies Approach Motorcycle Wrecks in Bakersfield
Dealing with insurance companies can be one of the most frustrating parts of a motorcycle accident claim. Insurance adjusters are trained to protect their company's financial interests, which often means finding ways to minimize the amount they pay out.
Insurers do not prioritize your interests, regardless of their demeanor on the phone. The adjuster’s job is to investigate the claim and find reasons to reduce its value or deny it altogether. They may use a recorded statement to ask questions that are intentionally confusing or leading.
The adjuster may also offer a quick, lowball settlement before you know the full extent of your injuries and long-term medical needs. Having a Bakersfield motorcycle accident lawyer on your side sends a clear message that you’re serious about protecting your rights.
Our firm handles all communications with the insurance companies on your behalf, presenting your claim in a professional and compelling manner, backed by solid evidence. We shape the narrative and prevent adjusters from dictating the terms.
Insurance companies often try other methods to diminish unrepresented riders’ claims:
- Disputing Liability: The insurer may deny that their policyholder was at fault and attempt to blame you for the crash.
- Questioning Injury Severity: An adjuster might argue that your injuries aren’t as serious as you claim or that they were caused by a pre-existing condition.
- Delaying the Process: Some companies drag out the claims process, hoping you will become frustrated and accept an unfair offer.
The Law Offices of Mickey Fine knows how to counter these strategies. We prepare every case as if it might go to trial, which often persuades insurance companies to offer a fair settlement without the need for a lengthy court battle.
Key California Laws That Affect Your Motorcycle Accident Claim
Two specific California rules often play a significant role in motorcycle accident cases. A clear picture of these laws helps you set realistic expectations for the claims process.
California's Statute of Limitations
The law sets a firm deadline for filing a lawsuit to recover damages for your injuries. In California, you generally have two years from the date of the motorcycle accident to file your claim. If you fail to file a lawsuit within this period, you lose your right to pursue compensation permanently.
This deadline can sometimes be shorter. For example, if your accident was caused by a dangerous road condition, you may have a claim against a city or government agency. In these cases, you often have only six months to file a formal Notice of Claim.
Understanding Comparative Negligence
California uses a pure comparative negligence system to assign fault. This rule allows you to recover compensation even if you are partially responsible for the crash. The amount of compensation you receive is simply reduced by your percentage of fault.
For instance, if an investigation finds you were 5% at fault for the accident, your final financial recovery would be reduced by 5%. This system acknowledges that fault is not always all or nothing. It allows for a fair distribution of damages based on each party's contribution to the incident.
FAQ for Bakersfield Motorcycle Accident Lawyer
What Happens to My Case if I Was Lane Splitting When the Accident Occurred?
California allows motorcyclists to ride between lanes of traffic, but they must do so safely. If you were lane splitting during your accident, the other party’s insurance company will likely argue you were at fault.
However, the legality of your action depends on the specific circumstances. We investigate factors such as traffic speed and your maneuverability to build a case showing that you acted prudently and that the other driver’s negligence caused the crash.
What Happens if the Driver Who Hit Me Has No Insurance?
If the at-fault driver has no insurance or not enough to cover your damages, you may be able to file a claim using your own Uninsured/Underinsured Motorist (UM/UIM) coverage if you have it. Your own insurance company would step in to cover your losses up to the limits of your UM/UIM policy.
Do I Still Have a Case if I Wasn’t Wearing a Helmet?
While California requires all motorcycle riders to wear a helmet, failing to do so does not automatically prevent you from recovering compensation. However, expect the defense to argue that your choice contributed to your injuries.
Under California's comparative negligence doctrine, failing to wear a helmet may reduce your compensation. We work to minimize this impact by focusing on the other driver's fault and presenting evidence on which injuries the crash would have caused, regardless of helmet use.
Why Do I Need a Bakersfield Motorcycle Accident Lawyer?
You need a Bakersfield motorcycle accident lawyer to protect your rights and ensure you pursue the full compensation available. Insurance companies have teams of professionals working to minimize your claim. An experienced lawyer levels the playing field, advocating for your best interests throughout the process.
Your attorney handles complex legal procedures, gathers crucial evidence, and negotiates on your behalf. We work to restore your financial security so you can focus entirely on your recovery.
What Should I Do Immediately After a Motorcycle Accident?
- Prioritize your safety and the safety of others. Move to a safe location if possible. Check for injuries and call 911 for emergency medical assistance and to report the accident to the police.
- Collect contact and insurance information from all parties involved, and take photographs of the accident scene, vehicle damage, and any visible injuries.
- Do not admit fault or discuss the accident details with anyone other than the police and your attorney.
- Seek medical attention immediately, even if you feel fine, as some injuries may not appear right away.
- Contact our experienced Bakersfield motorcycle accident lawyers as soon as possible to protect your right to compensation.
What if the Other Driver’s Insurance Company Says I Am at Fault for the Accident?
Don’t accept an insurance adjuster's initial determination of fault. Insurers have a financial interest in blaming the victim to avoid paying a claim. Immediately contact a motorcycle accident lawyer.
Your lawyer will conduct an independent investigation to gather evidence that proves what truly happened and counter the insurance company's arguments.
Can I Get My Motorcycle Repaired or Replaced Before My Injury Claim Settles?
Yes, your property damage claim is separate from your personal injury claim. You can resolve the claim for your motorcycle's repair or replacement costs while you receive medical treatment for your injuries.
Your lawyer can help you navigate both claims simultaneously to ensure you get back on the road without compromising your right to full compensation for your injuries.
Carving a Path to Recovery
When you’re trying to heal from a motorcycle accident, the added stress of legal questions and aggressive insurance adjusters is a heavy burden. The Law Offices of Mickey Fine takes over the legal complexities, allowing you to regain control and focus on what matters most—your recovery.
We’ll meticulously shape the facts of your case into a powerful claim designed to secure the resources you need. To get a clear action plan for your case, contact the Law Offices of Mickey Fine for free at (661) 333-3333.