Our attorneys have been assisting the Orange County and Southern California communities for over 40 years.
While Southern California’s weather makes motorcycle riding appealing, it also poses significant risks. According to the Insurance Information Institute, motorcycle accidents occur 28 times more frequently than car accidents per mile traveled.
Motorcycles lack many safety features, so accidents often result in severe injuries. In 2022, the National Highway Traffic Safety Administration (NHTSA) reported 6,218 motorcycle fatalities, representing 15% of all traffic fatalities. Tragically, many motorcycle accidents are not the rider’s fault, yet they face the consequences.
If you or a loved one have been injured in a motorcycle crash, first get medical care, then speak with an Orange County personal injury lawyer today. We offer a free consultation to review your case. We take all cases on a contingency fee basis, meaning you pay nothing unless we win.
“I was involved in a motorcycle crash in 2015 and would have never pursued the case if DAM did not come into the picture. From the jump, they were not only concerned with the legal stuff, but very attentive to my physical well-being and health. I could not possibly be more satisfied and would recommend this firm to anyone in need of an accident attorney.” -J.T.
Getting into a motorcycle accident is a traumatic experience. Beyond the physical and emotional pain, the growing expenses—medical bills, lost wages, and property damage—can feel impossible to manage alone.
Securing the compensation you deserve from insurance companies is incredibly challenging without the help of an experienced Orange County motorcycle accident attorney. Here’s how we can help with the process:
Negotiate with insurance companies: Insurance companies often undervalue your motorcycle after an accident, failing to account for its diminished value. Our attorneys have decades of experience navigating these challenges and will take the necessary steps to secure the compensation you’re entitled to through a diminished value claim.
Determine liability: Establishing fault in motorcycle accidents requires strong evidence, as drivers frequently deny responsibility. Our legal team is skilled at conducting interviews, gathering crucial evidence, and navigating the legal process to build a compelling case to prove liability.
Recover maximum compensation: While you or your loved one focus on recovery, we’ll handle the legal complexities of your case. Over the years, we’ve achieved multimillion-dollar settlements for our clients and are dedicated to fighting for the compensation you deserve.
Each year, the National Highway Traffic Safety Administration compiles data on motorcycle injuries. Lower extremity injuries are the most common afflictions for motorcycle riders and include road rash, burns, or crush injuries from the weight of the bike falling on them. Other types of possible motorcycle injuries are:
As a rider, you can take certain precautions to protect yourself. Wearing a helmet and appropriate protective gear to prevent road rash are good starting point, but defensive driving and gear can only get you so far – circumstances beyond your control can still cause accidents.
In the case of a fatality, our Orange County wrongful death lawyers will fight for the justice of your loved one and fight for maximum compensation for your family.
Some drivers aren’t as careful around motorcycles as they should be. Negligence and recklessness lead to accidents. Distracted driving, even for a moment, can lead to catastrophic consequences for riders. Here are some unique situations motorcyclists have to contend with on the road:
In the aftermath of sustaining a motorcycle crash in Orange County, victims may be entitled to various types of compensation for their losses. There are two different categories of damages: economic and non-economic.
Economic damages refer to the financial or out-of-pocket costs of a motorcycle crash. These can include medical bills and motorcycle repairs.
Noneconomic damages refer to any personal losses the victim suffered that are not financial, such as emotional distress and physical pain. The non-economic damages in a motorcycle accident can be significant if the victim suffered permanent injuries, such as a traumatic brain injury or spinal cord injury.
At DiMarco | Araujo | Montevideo, our qualified motorcycle accident lawyers have a track record of success with these cases and are regularly able to help clients recover the following:
Together, economic and non-economic damages make up compensatory losses. The other type of compensation available is punitive damages. It may be possible to receive punitive damages in a motorcycle accident claim in Orange County if the defendant was grossly negligent or reckless and this is what caused the crash. Discuss the compensation available, as well as the potential value of your claim, with a motorcycle accident attorney at our law firm today.
The total amount of compensation available in the aftermath of a motorcycle crash will vary depending on the circumstances related to each particular situation. At DiMarco | Araujo | Montevideo, our Orange County motorcycle accident attorneys understand that various factors can influence the final settlement amount. This includes the severity of the injuries, whether or not the victim was responsible for the incident in any way, the level of the victim’s pain and suffering, and more.
California is a traditional fault state when it comes to handling auto accident insurance claims. In a fault state, the person or party responsible for causing the accident will have to pay damages. Before you can recover compensation from the other driver’s insurance company, however, you must prove that the driver is at fault for the motorcycle wreck. Proving fault generally requires evidence of four key elements.
If you or your motorcycle accident attorney successfully prove the other driver’s fault, the driver’s insurance company should provide you with a settlement offer. The majority of auto accident claims in Orange County are settled without going to trial. If you have a complicated claim, catastrophic injuries or the insurance company refuses to handle things correctly, however, your motorcycle accident lawyer may need to take things to court.
No, you are not required to go to court to resolve a motorcycle accident case in Orange County. A court trial is only necessary for a personal injury claim that cannot be settled at the insurance stage. Since insurance companies want to avoid the costs of going to court, most settle with claimants without needing injury trials.
You are more likely to end up in court if your motorcycle accident case has complicated factors, such as a liability dispute or expensive damages. In these cases, an insurance company may be less willing to accept fault and offer fair benefits. If you do need to take your claim to court for fair financial compensation, hire an attorney to represent you at trial.
The Orange County motorcycle injury lawyers of DiMarco | Araujo | Montevideo can guide you through the complex process of resolving a motorcycle accident case. We can gather evidence on your behalf, present it to an insurance company, negotiate a full settlement, or represent you in court, if necessary. We have the resources, experience, and compassion you need for a strong claim to damages – whether or not you have to go to court.
Victims of motorcycle accidents in Orange County have a limited amount of time to file a lawsuit in order to recover compensation for their losses. The California personal injury statute of limitations is two years from the date the injury occurs. This means that a motorcycle accident victim will have a two-year window with which to file a claim against the allegedly negligent party in their case. Failing to file a claim in this time frame will result in the victim being unable to recover the compensation they deserve.
We also want you to understand that this time frame has no bearing on the deadlines put into place by insurance carriers. Most auto accidents, including motorcycle crashes, need to be reported to insurance carriers very soon after the incident occurs. Failing to report the incident to the insurance carrier could result in the claim being delayed or denied altogether.
When we turned to the California Vehicle Code, Division 12, Chapter 5, Article 7, Section 27803, we can see that this state has a universal motorcycle helmet law in place. This applies to all bikers. The law states that drivers and passengers on motorcycles must wear a DOT-approved helmet that is securely strapped to their head and fits snugly without excessive movement.
Various research indicates that universal helmet laws significantly reduce injury and fatality rates in the areas where they are implemented.
At the law offices of DiMarco | Araujo | Montevideo, our Orange County motorcycle accident attorneys are committed to securing the best outcomes for our clients. When we take on your motorcycle accident case, we fully commit ourselves to finding the party at fault and making them pay. We gather our own evidence, talk to witnesses, view police reports, and request notes from your doctor to prove your accident was the direct result of negligence.
If you’ve been injured in a motorcycle accident, your main focus should be recovery. Let us do the negotiating with the insurance company and opposing counsel. We know all the tricks people use to try to make you settle for less. We won’t stop fighting until you get fair compensation to cover your medical expenses, pain and suffering, and much more.
To get started on your personal injury claim, call our office to set up a free case evaluation. One of our associates will sit down with you to review the facts of your situation and offer advice, free of charge. To set up a free consultation, contact us today.
We serve motorcycle accident victims all over Orange County, including Irvine, Santa Ana, Anaheim, Huntington Beach, Newport Beach, and San Clemente.
“A firm that treats you like a family! I had a motorcycle accident in 1981, after the settlement was over I am so thankful that they looked out for my future by recommending an annuity-paid overtime. 26 years later I am still receiving money thanks to that good advice. Special thanks to John Montevideo for his help and friendship. I had the opportunity to watch the firm grow just as John Michael grew. I still have a hard time remembering the loss of Andrew and Steven. I have only good things to say about the firm. THANK YOU!!!!!” -David S.