What’s the Average Settlement for Motorcycle Accidents in California?

Nothing beats the feeling of freedom one gets from riding their motorcycle down the palm-embellished roads of California. While riding a motorcycle can be exhilarating, this particular form of transportation does not come without risks. Sometimes, no matter how closely you follow safety rules, other drivers may have trouble seeing motorcyclists or neglect to drive safely, causing serious injuries that require extensive treatment. If this is the case for you, you may wonder about the average settlement for motorcycle accidents and the compensation you may recover.

Because every motorcycle accident claim is different, there is no concrete answer for the average settlement. At Setareh Law, we understand the factors contributing to your settlement’s value and how to calculate it accurately. Our seasoned California motorcycle accident lawyers have proudly fought for California motorcycle accident victims for over 15 years, so you can trust us to provide the high-quality legal services you deserve. With our informed guidance and reliable support, you can focus on recovery and have the best chance of securing maximum compensation.

What’s the Average Settlement for Motorcycle Accidents in California?

According to the National Safety Council, 82,687 motorcyclists were injured in accidents in 2022. Due to their lack of protection and the size of the vehicles they face, the damages can be devastating. There is no honest answer regarding how much compensation you can expect to recover from a motorcycle accident settlement. In California, these settlements are handled on a case-by-case basis and tend to have different results with each new case. The average motorcycle accident settlement can vary significantly based on injury severity and legal outcomes. The following factors will play a part in the compensation you may receive:

Understanding Motorcycle Accident Claims

Motorcycle accident claims can be complex and overwhelming, especially for those who have been injured in a crash. Understanding the process and what to expect can help alleviate some of the stress and uncertainty. In California, motorcycle accident claims typically involve filing a claim with the at-fault party’s insurance company or pursuing a lawsuit against the responsible party.

The first step in filing a motorcycle accident claim is to gather evidence and document the accident scene, including taking photos and collecting witness statements. It’s also essential to seek medical attention immediately after the accident, even if injuries seem minor, as some injuries may not be apparent right away.

When filing a claim, it’s crucial to understand the types of damages that can be recovered, including medical expenses, lost wages, pain and suffering, and property damage. In California, motorcycle accident victims can also recover damages for future medical expenses and lost earning capacity.

Insurance companies often try to minimize the value of a claim, so it’s essential to have an experienced motorcycle accident attorney who can negotiate on your behalf and ensure you receive the maximum compensation you’re entitled to.

Severity of Injuries

Severe injuries from motorcycle accidents can range from sprains to traumatic brain and spinal cord injuries. The severity of your injuries often determines the type and length of treatment, which factors into your settlement’s value. Typically, the less severe the injury, the lower the settlement, but we take the time to understand the long-term impact your injury could have to ensure your compensation reflects the full scope of your damages.

Common Injuries in Motorcycle Accidents

Motorcycle accidents can result in a wide range of injuries, from minor scrapes and bruises to severe and life-altering injuries. Some of the most common injuries in motorcycle accidents include:

• Head trauma and traumatic brain injuries
• Spinal cord injuries and paralysis
• Broken bones and fractures
• Internal injuries and organ damage
• Road rash and severe lacerations
• Amputations and disfigurement

In severe cases, motorcycle accidents can result in wrongful death. If you or a loved one has been injured in a motorcycle accident, it’s essential to seek medical attention immediately and consult with an experienced motorcycle accident attorney to ensure you receive the compensation you deserve.

Liability

California is a fault-based auto insurance state, meaning that the driver at fault is liable for any damages to the other driver or passengers. In a car accident, proving that you were not at fault is crucial for securing compensation, especially in accidents involving multiple vehicles. Therefore, the liable party’s insurance coverage may affect the compensation adjusters offer you. If the negligent driver has insufficient coverage, we can fight for the fair compensation you deserve with your insurance company or take your claim to court if necessary.

Comparative Negligence in Motorcycle Accident Claims

In many motorcycle accidents, multiple parties share responsibility, including the motorcyclist. In fact, in a significant percentage of multi-vehicle motorcycle crashes, the other drivers are often at fault, thereby affecting the outcome of insurance claims and settlements. In these cases, California uses a pure comparative negligence system, which assigns each party involved a percentage of fault, which gets deducted from their respective damages. For example, if you are 20% responsible for a motorcycle accident, and your claim is worth $350,000, you will receive $280,000. With this rule, you can still recover compensation even if you are partially at fault, but the amount you receive depends on your portion of the blame.

Wrongful Death Claims in Motorcycle Accidents

When a motorcycle accident results in the loss of life, the surviving family members may be entitled to file a wrongful death claim against the responsible party. Wrongful death claims can be complex and emotionally challenging, but they can provide essential financial support to help families cope with the loss of a loved one.

In California, wrongful death claims can be filed by the surviving spouse, children, or parents of the deceased. The claim can seek damages for:

• Funeral expenses
• Medical expenses incurred before death
• Lost wages and earning capacity
• Pain and suffering
• Loss of companionship and emotional distress

An experienced motorcycle accident attorney can help guide you through the process of filing a wrongful death claim and ensure you receive the maximum compensation you’re entitled to.

Insurance Policy Limits and Motorcycle Accidents

Insurance policy limits can play a significant role in determining the settlement amount in a motorcycle accident case. In California, insurance companies are required to offer a minimum amount of liability coverage, but many drivers opt for higher limits to protect themselves in the event of an accident.

When filing a motorcycle accident claim, it’s essential to understand the insurance policy limits of the at-fault party, as this can impact the settlement amount. If the policy limits are low, it may be necessary to pursue additional sources of compensation, such as underinsured motorist coverage or a lawsuit against the responsible party.

An experienced motorcycle accident attorney can help you navigate the complexities of insurance policy limits and ensure you receive the maximum compensation you’re entitled to.

Damages

Injured motorcyclists are entitled to compensation for any damages, such as medical expenses, pain and suffering, lost wages, and settlement amounts. For a maximum settlement, you must be able to provide evidence of these damages, such as medical bills, receipts, invoices, pay stubs, tax returns, witness testimony, and personal statements.

Settlement Negotiations

Motorcycle accident settlements in California are typically handled by large insurance companies. This means they will be looking to undermine your claim and give the lowest possible amount for the settlement. Therefore, it is vital to have an experienced California motorcycle accident attorney negotiate on your behalf to avoid settling for a lowball offer from adjusters.

Building a Strong Motorcycle Accident Case

Building a strong motorcycle accident case requires a thorough understanding of the accident, the injuries sustained, and the relevant laws and regulations. An experienced motorcycle accident attorney can help you gather evidence, document the accident scene, and negotiate with insurance companies to ensure you receive the maximum compensation you’re entitled to.

Some essential elements of building a strong motorcycle accident case include:

• Gathering evidence, including photos, witness statements, and medical records
• Documenting the accident scene and preserving physical evidence
• Understanding the relevant laws and regulations, including California’s comparative negligence standard
• Negotiating with insurance companies to ensure a fair settlement
• Preparing for trial, if necessary, to advocate for your rights and interests

By working with an experienced motorcycle accident attorney, you can ensure that your case is built on a strong foundation and that you receive the maximum compensation you deserve.

How to Calculate Motorcycle Accident Damages and Average Motorcycle Accident Settlement

When you’re involved in a motorcycle accident, you may experience physical, emotional, and financial losses, all of which deserve recognition. The average settlement for motorcycle accident lawsuits can vary based on several factors, including the severity of injuries and the impact of insurance policies. All of these are calculated differently, and depending on your unique circumstances, you may recover the following types of damages:

Economic Damages and Medical Expenses

Economic damages, often part of a personal injury claim, include all financial losses, such as property damage, ongoing medical expenses, and lost wages, which have an objective monetary value. We may refer to your pay stubs to calculate how much you lost in wages due to recovering from your injuries. Your medical bills may also be collected to calculate economic damages. Our knowledgeable California motorcycle accident lawyers also estimate how much treatment you will need in the future to take those expenses into account.

Non-Economic Damages

This type of damage is much harder to calculate as they are not tangible and have a subjective value. Non-economic damages may include pain and suffering, emotional distress, and reduced quality of life, especially in cases of severe injury, which can be calculated in the following ways:

• Per diem method: The per diem method takes the amount of money the person would be losing for their pain and suffering per day and multiplies it by the number of days they experience this damage.
• Multiplier method: This method assigns someone a number between one and five based on the severity of their injuries, and that number is then multiplied by their economic losses.

We work closely with you to understand how your injuries have impacted you emotionally and psychologically to determine the value of your non-economic damages accurately.

Punitive Damages

Punitive damages are mainly awarded in extreme cases and are intended to punish the offender for egregious negligence or malicious intent. They are calculated proportionate to the actual damages and cannot exceed four times the amount of any economic damages. 

Pursue a Fair Settlement with Help from Experienced California Motorcycle Accident Lawyers at Setareh Law

If you were involved in motorcycle accident cases, you deserve to be compensated correctly so you can get your life back on track. With the help of the dedicated California motorcycle accident attorneys at Setareh Law, you have the best chance of receiving compensation for the damages the liable party caused.

With more than 15 years of experience, Setareh Law is ready to help you pursue a motorcycle accident settlement. While there can be significant stress surrounding a motorcycle accident case, you can trust us to provide the specialized care you need to focus on recovery with the peace of mind that you and your claim are in the right hands. To schedule a free consultation with our English and Spanish-speaking team, call us at (310) 659-1826 or fill out our contact form.