The city of Oxnard is much less crowded than their neighbor to the south, Los Angeles. Located in Ventura County, its wide open roads and beautiful scenery make it popular with motorcycle riders. But it’s not all good vibes. Oxnard also ranks first among similarly sized cities for victims injured or killed in drunk driving accidents, including motorcyclists.
Whether you ride in Ventura or anywhere else in California, you know that riding a motorcycle can be dangerous. The main reason why is because helmets and motorcycle riding gear are the only safety features riders have. You’re also sharing the road with impaired, angry, and distracted drivers. If you’ve been injured in an Oxnard motorcycle accident, call the personal injury attorneys at The Dominguez Firm right away for a free consultation at 800-818-1818.
Please keep reading for more information on motorcycle accidents in Oxnard and how The Dominguez Firm can help defend your rights.
Who is Usually at Fault For an Oxnard Motorcycle Accident?
In a pedestrian accident, the driver involved is often seen as the one responsible, no matter the circumstances. But for motorcycle riders, it’s the opposite. The public’s perception of them as reckless daredevils persists. Unfair or not, this stereotype puts motorcyclists at a disadvantage when it comes to accident injury claims. Also, many times, the motorcyclist can’t provide a statement for the police report because they’ve been rushed to the hospital. So the report ends up being one-sided by the driver of the car involved.
All of this is to say that even though most people think motorcycle riders are to blame for their accidents, lots of times, they’re not. Of course, much depends on the circumstances of your accident, but the sharp increase in distracted driving and road rage by motorists often leads to motorcycle crashes. Because of all this, it’s very important to have a personal injury law firm with experience in Oxnard motorcycle crashes by your side. You want a legal team that knows how to combat these stereotypes and fight for the maximum compensation you’re entitled to for your injuries.
What Are the Most Common Motorcycle Injuries?
Motorcycle riders and their passengers don’t have the protection of airbags and seat belts. While helmets have been shown to help reduce serious injuries or death, they can’t completely prevent them from happening. A bump from a vehicle, even at low speeds can cause catastrophic injuries. If the accident is with a truck or at a high speed, a motorcyclist can easily be killed.
Head injuries are the most common type of motorcycle accident injury. They can be relatively mild, like concussions, or severe like permanent brain damage.
Other familiar motorcycle injuries are:
- Broken bones
- Crush injuries, which can require amputations
- Burns and road rash
- Spinal cord injuries that can lead to temporary or permanent paralysis
- Traumatic brain injuries (TBIs)
Riders who don’t wear the proper clothing can suffer serious road rash if they’re thrown from their motorcycles. This may seem to be a “minor” injury compared to the others, but any exposed skin that scrapes the pavement can burn badly, become easily infected, and require multiple skin grafts.
Can I Still File a Personal Injury Claim if I Wasn’t Wearing a Helmet?
Although it’s illegal to ride a motorcycle without a helmet in California, in most cases, you can still file a personal injury claim if you’re injured in a motorcycle accident. That’s because California is a comparative fault state. That means you can be over 50% responsible for your Oxnard motorcycle accident and still take legal action.
In these cases, determining who was at fault and their percentage of blame are very important. However, they aren’t the only factors that are taken into consideration. If you didn’t have a helmet on, the location of your injuries will also determine your compensation amount.
There are various possible scenarios:
- If the other person was completely to blame for your motorcycle accident injury, your final settlement or verdict amount could be reduced if your injuries were to your head and neck. Had you worn a helmet, those injuries could have been prevented or lessened.
- Again, the other person is to blame for your accident, however, you suffered injuries to your limbs or torso. Your lack of a helmet wouldn’t have prevented these injuries. In most cases, you’d be entitled to a higher amount of compensation.
- If you were partially responsible for your motorcycle crash and weren’t wearing a helmet, your final compensation amount would likely be even lower still.
A court would determine your percentage of blame and reduce your final settlement or verdict amount accordingly. As an example, if you’re found to be 20% responsible for your accident and are awarded $2,000,000 in damages—the legal term for your compensation, you would receive $1,600,000:
$2,000,000 – $400,000 (20%) = $1,600,000
One note regarding who’s to blame for your motorcycle accident. Speak to an experienced personal injury attorney and seek legal advice before doing anything. Motorcycle crashes happen very quickly. What you think happened may not have, especially if you had to be rushed to the hospital with a serious injury. The Dominguez Firm has a team of investigators, attorneys, and accident experts ready to help. The sooner you call us, the sooner we can start putting together the facts of what occurred.
What is my Oxnard Motorcycle Injury Claim Worth?
This is one of the most common questions we get. A motorcycle accident personal injury claim can be challenging. Often, they involve very serious injuries. Despite that, insurance companies will try to offer less, regardless of the extent of the injuries.
Some persons will attempt to negotiate with the insurance company on their own to avoid hiring a lawyer. That can end up costing them a lot. A few unethical adjusters may even recommend you do the same. They aren’t doing it to save you money, they’re simply trying to close your claim quickly and for the least amount possible. And once you agree to an offer and sign off on it, there’s no going back, no matter how high your medical bills and other expenses are. What appeared to be a generous offer can quickly disappear, especially if there are medical complications or a slow recovery.
No personal injury lawyer can tell you exactly what your case is worth. They can, however, compare it to similar cases they’ve handled in the past and give you an estimate. We all know the astronomical cost of medical care. An emergency room bill alone can be in the thousands of dollars. By filing a personal injury claim for your motorcycle accident, you could recover the following:
- All medical expenses related to your motorcycle accident, including;
- Ambulance fees
- Emergency room bills
- Medical consultations
- Consultations with specialists
- Any surgery
- Physical therapy
- In-home care
- Home modifications
- Mental health counseling
- Loss of property, which is the repair or replacement of your motorcycle
- Lost income now and in the future
You would also be entitled to compensation for your emotional losses, such as:
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium (for the injured victim’s spouse)
If the victim was killed in a motorcycle accident, their legal next of kin would have the right to file a wrongful claim against those responsible.
How Much Will it Cost Me to Hire the Oxnard Motorcycle Accident Lawyers at The Dominguez Firm?
At The Dominguez Firm, we know this is a very difficult time emotionally, physically, and financially for you and your family. That’s why we work on a contingency basis. That means you pay us nothing out-of-pocket. There are no retainer fees or hidden costs, period.
Instead, we get paid a percentage of your final settlement or verdict. That percentage will be clearly noted in the client representation agreement you sign when you hire us to represent you for your Oxnard motorcycle accident case.
You can afford quality legal representation without worrying about the cost. And in the rare event we can’t secure any compensation for you, you owe us nothing. In other words, if there is no recovery, there is no fee! You truly have nothing to lose and so much to gain by calling us.
Call the Oxnard Motorcycle Accident Lawyers at The Dominguez Firm Today
The award-winning personal injury lawyers at The Dominguez Firm have over 30 years of experience helping Oxnard motorcycle accident victims and their families put their lives back together. We know how to take on the insurance companies and their lawyers successfully.
Call us at 800-818-1818 today. We offer free initial consultations. Let us put our resources to work for you.