Accident Overview
On July 26, 2016, at 7:20 AM, our client was driving down state route 4 in unincorporated Contra Costa County, California, 655 ft west of Bailey Road. She was obeying the rules of the road driving her 2016 Kawasaki Ninja Motorcycle, when another driver struck her motorcycle, knocking her to the pavement. The accident resulted in the loss of work, serious injuries, and large medical bills, leaving our client in a difficult situation.
About the Accident
This was a two-vehicle accident that had serious injuries due to the other driver’s negligence. The driver of the car that caused the accident was driving a 1999 Chevy Silverado.
There were no adverse road conditions and the accident happened when the driver of the vehicle took her eyes off the road.
After the accident, our client suffered a fractured hand, as well as back pain and neck pain. Our client was transferred by way of AMR Ambulance to John Muir Medical center in Concord, California, where she underwent treatment for her fractured hand and back injuries. The driver of the car that caused the accident was insured by Allstate Insurance and our client was insured by State Farm Insurance.
Case Facts
Our client needed ongoing medical treatment in the form of physical therapy. At first, Allstate Insurance was not convinced that all the injuries were related to this accident. Our client missed a significant amount of work and was charged large medical bills from this accident.
Based on this information she reached out to GJEL Accident Attorneys to see if she was entitled to compensation and to have her questions answered. She wanted to know:
- Who is responsible for my medical bills?
- How will I pay these bills and the loss of work?
- What if I have permanent lifelong damage to my body?
The staff at GJEL were able to quickly evaluate the case over the phone and invite the client into our office in order to get started on the case.
Based on the serious injuries from this accident and the mounting medical bills, our client decided to retain GJEL accident Attorneys to help get her life back on track after this traffic accident.
The staff at GJEL started a full investigation which started with getting the police report from the California Highway Patrol. The traffic collision report showed that the other driver was 100% at fault and responsible for the accident.
At first, the insurance company for the party at fault, Allstate Insurance, was not convinced that all of these injuries were caused by this accident. As our firm continued to collect evidence and report the treatment, at the same time we filed a lawsuit. During the lawsuit and just before the trial date, the case was resolved in a manner that was fair to the client. Attorney Jim Larsen helped our client through this difficult time and ultimately was able to settle this case without litigation. The case took approximately six months to settle. In the end, our client was awarded $225,000 for this accident by Allstate insurance after aggressive representation.
| Insurance Company Names: | Allstate, State Farm |
| Police Report | California Highway Patrol in Contra Costa |
| Vehicle Types | 1999 Chevy Silverado, 2016 Kawasaki Ninja |
| Accident Locations: | Westbound SR-4 at Bailey Road |
| Hospitals and Medical Centers Visited | AMR, John Muir Walnut Creek, CA Emergency Physicians, John Muir Trauma Physicians, Bay Imaging Consultants, Kaiser Antioch |
| Types of Injuries (Specific as possible) | Left-hand fracture, left knee swelling/pain, road rash, left arm Right knee, headaches |
Commonly asked questions about auto vs motorcycle accidents:
- What should I do if I’m involved in an auto vs motorcycle accident? If you are involved in an auto vs motorcycle accident, the first thing you should do is seek medical attention. Even if you feel fine, it’s essential to get checked out by a doctor to ensure that there are no underlying injuries. You should also call the police, exchange information with the other driver, and collect evidence such as witness statements and photographs. Contacting an experienced personal injury attorney like GJEL Attorneys can help protect your rights and ensure that you receive the compensation you deserve.
- What are the most common causes of auto vs motorcycle accidents? Auto vs motorcycle accidents can be caused by a wide range of factors, including driver negligence, poor road conditions, and mechanical defects. Some of the most common causes of these accidents include:
- Distracted driving
- Speeding
- Failure to yield the right-of-way
- Driving under the influence of drugs or alcohol
- Lane splitting
- Poor weather conditions
- Defective motorcycle parts
- Who is at fault in an auto vs motorcycle accident? Determining fault in an auto vs motorcycle accident can be a complicated process that involves examining the facts of the case. Generally, fault will be determined by the negligence of the driver or drivers involved in the accident. In California, the state’s comparative fault laws allow for damages to be awarded based on the degree of fault each party bears for the accident.
- How is compensation determined in an auto vs motorcycle accident case? Compensation in an auto vs motorcycle accident case will depend on the specific circumstances of the accident. Factors such as the severity of injuries, medical expenses, lost wages, and pain and suffering will all be taken into consideration when determining compensation. An experienced personal injury attorney like GJEL Attorneys can help ensure that you receive the maximum compensation possible for your injuries.
- What if the other driver doesn’t have insurance in an auto vs motorcycle accident? If the other driver doesn’t have insurance in an auto vs motorcycle accident, you may still be able to recover damages through your own insurance policy. If you have uninsured motorist coverage, this can provide you with the protection you need in the event of an accident with an uninsured driver.
- How long do I have to file a claim after an auto vs motorcycle accident? In California, the statute of limitations for filing a personal injury claim after an auto vs motorcycle accident is two years from the date of the accident. It’s essential to act quickly and contact an attorney as soon as possible to ensure that your rights are protected.
- Can I still recover compensation if I was partially at fault for the auto vs motorcycle accident? In California, the state’s comparative fault laws allow for damages to be awarded based on the degree of fault each party bears for the accident. This means that even if you were partially at fault for the accident, you may still be able to recover compensation for your injuries.
- What if the motorcycle rider was not wearing a helmet in an auto vs motorcycle accident? In California, motorcycle riders are required to wear helmets while riding. Failure to wear a helmet can impact the outcome of a personal injury case, as it can be used as evidence of contributory negligence. However, not wearing a helmet does not absolve the other driver of responsibility in the accident.
- How can an attorney help me after an auto vs motorcycle accident? An experienced personal injury attorney like GJEL Attorneys can provide you with the legal representation you need to protect your rights and ensure that you receive the compensation you deserve. An attorney can help you with the following:
- Investigating the accident and gathering evidence
- Negotiating with insurance companies
- Representing you in court
- Providing guidance throughout the legal process
Andy Gillin received his Bachelor’s Degree from the University of California at Berkeley and his law degree from the University of Chicago. He is the managing partner of GJEL Accident Attorneys and has written and lectured in the field of plaintiffs’ personal injury law for numerous organizations. Since 1972 he has been helping seriously injured victims throughout northern California fight & win their personal injury cases. Andy is one of the top awarded & recognized wrongful death lawyers in northern California.