What If I Broke A Bone In A Motorcycle Accident?
A broken bone after a motorcycle accident is a serious injury that can have a profound impact on your life. Beyond the immediate pain and medical treatment, fractures often lead to significant financial burdens, lost wages, and long-term physical limitations. The good news is that you have legal rights, and pursuing a claim can help you recover the compensation you need to heal and move forward.
The first step is understanding the types of damages you may be entitled to. These include medical expenses (past and future), lost earnings, pain and suffering, property damage, and potentially other losses depending on the specifics of your case. Documenting everything is crucial—keep records of all medical bills, therapy appointments, and any time you’ve had to miss work. It’s also important to be aware of the statute of limitations, which in California, provides a two-year window from the date of the motorcycle accident to file a lawsuit for personal injury. Because evidence at a crash scene—such as skid marks or GoPro footage—can disappear quickly, immediate filing is critical to preserve the integrity of the claim. CCP § 335.1
I’ve been practicing personal injury law in San Diego for over 13 years, and I’ve seen firsthand how insurance companies attempt to minimize payouts to injured motorcyclists. I was trained by a former insurance defense attorney, giving me intimate knowledge of how insurance companies evaluate, devalue, and deny claims. They often look for ways to dispute the extent of your injuries or blame you for the accident, even when you’re clearly not at fault. That’s why having an experienced attorney on your side is so important.
What types of broken bones are common in motorcycle accidents?
Motorcycle accidents frequently result in fractures to the legs, arms, ribs, collarbones, and wrists. The severity can range from simple hairline fractures to compound fractures requiring multiple surgeries. More serious injuries can include pelvic fractures, spinal fractures, and traumatic brain injuries accompanied by skull fractures. The location and type of fracture will significantly impact the recovery process and the potential value of your claim.
The force of impact in a motorcycle crash often leads to comminuted fractures, where the bone is broken into multiple pieces. These require more extensive surgical intervention and a longer rehabilitation period. In some cases, internal fixation with plates, screws, or rods may be necessary. It’s vital to have a thorough medical evaluation to determine the full extent of your injuries and the long-term prognosis.
How does a broken bone affect my motorcycle accident claim?
A broken bone significantly strengthens your claim for damages. It demonstrates the severity of your injuries and the need for substantial medical care. However, insurance companies will scrutinize your medical records and may attempt to argue that your injuries are pre-existing or unrelated to the accident. That’s why it’s crucial to have a clear and comprehensive medical history documenting your condition before the crash.
Furthermore, a broken bone can lead to lost wages, diminished earning capacity, and ongoing pain and suffering. Calculating these damages accurately requires a detailed analysis of your employment history, medical expenses, and the impact of the injury on your daily life. An attorney can help you gather the necessary evidence to support your claim and maximize your compensation.
What if the other driver was partially at fault, but I was also speeding?
California’s ‘pure’ comparative fault system applies to motorcycle claims. Even if a driver argues you shared responsibility due to speed or positioning, you can still recover damages; however, your total compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, you can still recover 80% of your damages. Civ. Code § 1714
Insurance companies will often try to inflate your percentage of fault to minimize their payout. It’s important to have an attorney who can investigate the accident thoroughly, gather evidence to support your version of events, and challenge any attempts to unfairly assign blame. This may involve reviewing police reports, witness statements, and accident reconstruction data.
What should I do if the insurance company asks me to give a recorded statement?
I strongly advise against giving a recorded statement to the insurance company without first consulting with an attorney. Insurance adjusters are trained to ask leading questions designed to minimize your claim. They may try to trick you into admitting fault or downplaying the severity of your injuries. A recorded statement can be used against you later in the claims process, even if you didn’t intend for it to be.
Let me handle all communication with the insurance company on your behalf. I can protect your rights and ensure that you don’t inadvertently say anything that could jeopardize your claim. I’ll gather all the necessary information and present a strong case on your behalf, maximizing your chances of a favorable settlement.
How long do I have to file a claim if the accident involved a government vehicle or roadway hazard?
If a motorcycle accident involves a government-owned vehicle or a dangerous road condition like loose gravel, potholes, or poorly marked construction zones, a formal administrative claim MUST be presented within 6 months (180 days). Failure to meet this strict deadline under the Government Tort Claims Act can result in the permanent loss of your right to recover. Gov. Code § 911.2
These claims are often more complex than standard personal injury cases, requiring specific documentation and procedures. It’s essential to consult with an attorney as soon as possible to ensure that you meet all the necessary deadlines and requirements. I have extensive experience handling claims against government entities and can guide you through the process.
