Carlsbad Motorcycle Accident Attorneys

Common Causes of Motorcycle Accidents

The cause of a motorcycle accident can be apparent, or it can take extensive investigation to establish the cause. Too often, the motorcyclist is quickly blamed for causing the accident when, in fact, it was something else entirely.

There are many potential causes of a motorcycle crash, but there are four that we commonly see.

The Other Driver

One of the most common causes of a motorcycle accident is another driver’s negligence. If another driver engages in negligent or reckless behavior behind the wheel and causes a crash, they can be held liable for the resulting injuries and damages.

Driver negligence can include a variety of conduct, including:

• Driving while intoxicated;
• Ignoring traffic signals (e.g., running a red light);
• Disobeying traffic laws (e.g., unsafe lane change, speeding);
• Not paying attention to the road (e.g., applying makeup while driving); and
• Texting while driving.

Distracted driving of any kind can be tragic to motorcycles sharing the roads.

Poorly Maintained Roads

Many roads, especially those heavily used or those in rural areas, can be in poor condition. If poorly maintained and left in unsafe conditions, it can be catastrophic to a motorcyclist. For instance, deep potholes and uneven payment can pose little risk to cars and trucks but can be extremely dangerous to motorcycle riders. If a town, city, or state fails to reasonably maintain the roads in a safe condition, they might be liable to you for damages.

Motorcycle Defect

If a motorcycle is manufactured with a defective part, it can lead to catastrophe. Defective fuel lines, engines, or brakes can harm an unknowing rider substantially. The manufacturer of the part and motorcycle may be liable for your injuries.

Weather Conditions

According to the National Safety Council, most motorcyclist fatalities occurred in good weather. While unfavorable weather conditions such as snow or rain might pose an increased risk to motorcycle riders in other parts of the country, in Carlsbad, New Mexico, the almost year-round ideal weather conditions can increase the likelihood of a motorcycle crash. The picturesque weather can lead to significantly more motorcycles on the road, increasing the risk of an accident.

Common Injuries from Motorcycle Accidents

The list of injuries that can happen from a motorcycle accident is infinite, ranging from superficial scratches to death. Many motorcycle accident victims will suffer injuries similar to those in a car accident, including:

• Broken bones,
• Spinal cord injuries,
• Lacerations,
• Internal bleeding,
• Concussions, and
• Bruises.

Some injuries more common to motorcycle crash victims include:

• Road Rash,
• Loss of limbs, and
• Skull fractures.

On the other hand, injuries such as airbag burns, and whiplash are unique to car crash victims.

While it may generally take a high-speed, high-impact car collision to result in severe driver or passenger injuries, even a minor motorcycle accident can lead to serious injuries to the rider or passenger. Practically, this makes sense since motorcycles lack airbags and seatbelts and usually result in the rider being thrown from the bike.

Injuries can extend far beyond physical, and motorcycle accident victims frequently experience emotional and mental trauma.

You may be entitled to compensation, and our Carlsbad motorcycle accident attorneys can help you recover what you deserve!

6 Steps to Take After a Motorcycle Accident

A motorcycle wreck can be the scariest moment of your life. It is expected to feel overwhelmed, scared, and uncertain in those hours and days after the collision.

By providing you with a short list of 6 steps to take after a motorcycle accident, we hope to ease some of that anxiety and stress.

Call 911

Under normal, level-headed circumstances, it may seem obvious to call 911 immediately after a crash. However, in that moment, it is common to lose clarity. The shock and trauma can mask the severity of any injury you might have. You may literally feel no pain but actually be seriously injured. Always call 911 for an emergency response. Police, EMS, and even fire will respond to the scene to assist.

Continue Medical Care

Whether you need to visit the emergency room, endure a lengthy hospital stay, or visit your primary care physician, you should continue with all treatments advised by your medical care team.

Medical treatment can include:

• Primary care services,
• Urgent care visits,
• Radiology and other diagnostic services,
• Orthopedic treatment,
• Surgery,
• Physical and occupational therapy, and
• Pharmaceutical services.

Depending on your injuries, you may require minor medical intervention or extensive medical care over a lengthy period. Always keep copies of your medical records and invoices.

Note Details From the Accident

Although it is great if you can take pictures or videos at the accident scene, this is often not feasible with motorcycle accidents due to the severity of injuries.

However, write down any important and relevant information about the accident once you can.

This might include:

• Weather conditions,
• Road condition,
• Accident location,
• Nearby surveillance cameras,
• Possible witnesses,
• Make, model, and condition of the other vehicle,
• Condition of your motorcycle,
• Your injuries, and
• Anything else that is relevant.

Don’t fret if you can not obtain photos or evidence at the scene or even if you can’t remember much after. This is where our team comes in to help. We will assist you in obtaining all relevant documents and information necessary to pursue a case.

Report the Accident

No matter who is at fault for the accident, you must always report it to your insurance company. Some insurance carriers require reporting within a specific time frame, but you should strive to notify them as soon as possible.

Remember to always be mindful of what you say to your insurance company and the other drivers. They may seek to downplay your injuries to minimize any potential payout. If you can, consult a lawyer before providing any statements to insurance companies.

Avoid Social Media

It may seem trivial, but you should avoid posting on social media after a motorcycle accident. While it may seem like an innocent post, picture, or video, the defendant and insurance company may try to use it against you later.

For example, if you suffered a back injury but later posted a video of you skiing while litigation is pending, it can hurt your cases. We strongly encourage our clients to remain off social media or, at the very least, restrict what they share.

Consult a Carlsbad Motorcycle Accident Attorney

Hiring a lawyer to pursue your motorcycle accident claim is not legally required. However, we recommend speaking with an experienced Carlsbad motorcycle accident lawyer before embarking on this journey alone.

We can provide advice and guidance in those early moments following a crash and later assist you with filing a claim, investigating the accident, and bringing a lawsuit. We will negotiate a favorable settlement or proceed to trial if necessary. No matter what, we are with our clients every step of the way.

At Tawney, Acosta & Chaparro P.C., our Carlsbad motorcycle accident attorneys focus on helping clients severely injured in catastrophic accidents, including in and around Carlsbad. Named among the Top 100 Trial Lawyers by the National Advocates, we are prepared to see your case through to a jury verdict. Contact us today for a no-cost consultation!