How Do I Document My Injuries and Damages After a Motorcycle Accident?

by cjadmin | February 24th, 2025

Motorcycle accidents often lead to severe injuries and significant property damage. Riders face a four times greater risk of injury and are 22 times more likely to lose their lives in collisions than those in passenger vehicles, highlighting their vulnerability on the road.

If you’ve been involved in a crash, documenting your injuries and damages is essential for building a strong case for compensation. Proper documentation can help you recover costs for medical bills, property damage, lost income, and more.

Learn what to document after a collision and how a California motorcycle accident lawyer can guide you through these steps to protect your rights and help you win a fair settlement.

Take Photographs Immediately

Photograph your injuries, the accident scene, and any property damage as soon as it is safe. Use your smartphone or camera to capture:

• Cuts, bruises, and other visible injuries
• Damage to your motorcycle and any gear, such as helmets or protective clothing
• Skid marks, debris, or other road conditions that might have contributed to the accident
• The positioning of the vehicles involved and any traffic signs or signals nearby

Photographs provide a visual record of the accident’s impact and can be solid evidence when filing an insurance claim or pursuing legal action.

Seek Prompt Medical Attention

Even if you feel fine after the accident, schedule a medical evaluation immediately. Adrenaline can mask injuries, and some conditions, like internal bleeding or concussions, may not present symptoms right away. A medical professional can:

• Diagnose injuries you might not be aware of.
• Document your injuries and their severity.
• Provide a treatment plan that supports your recovery.

Make sure to keep all records of your medical visits, including diagnoses, treatments, prescriptions, and referrals. These records will prove the extent and cost of your injuries and connect them to the accident.

Maintain a Pain Journal

A pain journal is valuable for documenting your physical and emotional challenges during recovery. It can provide insight into how the accident affected your life and support claims for non-economic damages like pain and suffering. Include the following in your journal:

• Pain levels and their impact on your daily activities
• Mobility issues, such as difficulty walking or performing routine tasks
• Emotional struggles, like anxiety, depression, or frustration caused by your injuries

Keep your journal in a safe, accessible place, such as a dedicated notebook, a digital app like Day One, or your phone’s Notes app. Remember to date each entry and use factual, descriptive language.

Save All Receipts and Invoices

Accidents can result in numerous out-of-pocket expenses, so save every receipt and invoice for your claim. Keep a record of costs related to:

• Motorcycle repairs or replacement
• Transportation, such as rideshares or rentals, if you’re unable to drive
• Prescription medications and over-the-counter treatments
• Medical equipment, like crutches or braces
• Any additional services, such as home care assistance or childcare

A record of these expenses ensures you’re fully reimbursed for financial losses.

Gather Witness Information

If there were witnesses to the accident, collect their contact information as soon as possible. Ask for their names, phone numbers, and email addresses. Witness statements can provide unbiased accounts of what happened and may help establish fault in your case.

Obtain a Copy of the Police Report

If law enforcement responded to your accident, request a copy of the police report. This document often contains vital details about:

• The officer’s observations of the accident scene
• Statements from drivers and witnesses
• Any citations issued to the parties involved

A police report is an official record that can substantiate your version of events.

Consult a California Motorcycle Accident Lawyer

Managing the aftermath of a motorcycle accident can be overwhelming, especially when dealing with injuries and property damage. A skilled motorcycle accident attorney from Berg Injury Lawyers can help you with the following:

• Understanding your legal rights
• Gathering and organizing evidence
• Negotiating with insurance companies
• Demanding fair compensation for your losses

With an experienced attorney by your side, you’ll get the legal guidance you need to file a well-supported claim and achieve the best possible outcome.

Protect Your Rights and Your Future

Documenting your injuries and damages after a motorcycle accident is critical for protecting your rights and recovering the compensation you deserve. Our qualified team at Berg Injury Lawyers can help you gather medical records and compile evidence to reduce the burden on you and build a strong case.

Don’t wait to take action if you’ve been injured in a motorcycle accident. Contact us today to discuss your case and explore your options for recovery.

Motorcycle Accidents and Traumatic Brain Injuries: What You Need to Know

by cjadmin | January 13th, 2025

Every year, hundreds of motorcycle riders are injured and killed in accidents in California. In 2021, 13% of all traffic crash fatalities were motorcyclists, and the rate of deaths increased nearly 3% between 2020 and 2021.

This high motorcycle accident rate is due to congested traffic, diverse road conditions, and the inherent risks of riding. Unlike car occupants, motorcyclists lack the physical protection of a vehicle’s frame, airbags, and seatbelts. This leaves riders far more vulnerable to serious injuries, particularly traumatic brain injuries (TBIs), in a collision.

Learn about head trauma in a motorcycle crash, its impact on daily life and long-term health for victims, and how a California motorcycle accident lawyer can help you seek compensation for financial support.

Traumatic Brain Injuries: What They Are and Common Symptoms

TBIs from motorcycle accidents can range from mild concussions to serious, life-altering brain damage. These injuries occur when the brain is jolted or penetrated by an external force, often leading to a cascade of physical, cognitive, and emotional effects.

Even with helmets, which reduce the risk of head trauma, motorcyclists remain exposed to impacts from vehicles, road surfaces, and other hazards. Though helmets lower the risk of death by 37%, they cannot eliminate the potential for head injuries in a serious crash.

Common Symptoms of TBIs

Although TBIs affect each individual differently, they often include the following symptoms. For less severe injuries like concussions, victims may see improvement within weeks, while moderate to severe trauma can result in permanent impairments.

Impact on Daily Life

The long-term consequences of a TBI can ripple through every aspect of a person’s life, impacting more than just their physical well-being. They may result in the following issues and require extensive medical care, therapy, and support to address:

• Personal Life: TBI victims may struggle with memory loss, making it challenging to recall family events, conversations, or even daily tasks. Emotional changes, such as irritability or depression, can strain relationships.

• Professional Life: Cognitive impairments like difficulty concentrating or solving problems can make it impossible to maintain employment, leading to significant financial stress.

• Physical Limitations: Persistent headaches, dizziness, and coordination issues may prevent victims from engaging in activities they once enjoyed. It can also make it hard to perform daily tasks, like dressing, cooking, or bathing, without assistance.

Legal Rights for Injured Motorcyclists in California

If you’ve suffered a TBI in a motorcycle accident caused by someone else’s negligence, California law allows you to pursue compensation for your losses. A skilled motorcycle accident lawyer can help you understand your rights and fight for the full compensation you deserve. Your settlement may include:

• Medical Bills: Covers emergency care, hospital stays, surgeries, medications, and ongoing treatment.

• Lost Wages: Financial support for missed income during recovery and reduced earning capacity if you can’t return to work.

• Pain and Suffering: Addresses the physical and emotional distress caused by the injury.

• Rehabilitation Expenses: Covers physical therapy, occupational therapy, and other specialized care needed to regain functionality.

The Importance of Legal Representation

TBI cases are often complex, requiring extensive documentation and expert testimony to prove the extent of your injuries and their impact on your life. An experienced legal team can help you:

• Gather evidence such as medical records, accident reports, and witness statements.
• Work with medical and financial experts to quantify your damages.
• Negotiate with insurance companies to secure a fair settlement.
• Win in court if a trial becomes necessary.

With the right legal representation, you can focus on healing and rehabilitation while your attorney manages the legal aspects of your claim.

Protecting Yourself as a Motorcyclist

While no one can eliminate the risks of riding, motorcyclists can take steps to reduce their chances of sustaining a TBI:

• Always wear a DOT-approved helmet.
• Invest in high-quality protective gear, including jackets, gloves, and boots.
• Stay alert and avoid riding in high-traffic or adverse weather conditions when possible.
• Take motorcycle safety courses to improve your skills and awareness on the road.

Moving Forward After a Motorcycle Accident

Traumatic brain injuries from motorcycle accidents are life-altering, but victims in California have legal options to seek compensation and support. Whether you’re facing mounting medical bills, lost wages, or emotional distress, it’s important to contact qualified California motorcycle accident lawyers who can help you get the settlement you deserve.

At Berg Injury Lawyers, we understand TBI victims’ challenges and have the legal knowledge and experience to help injured motorcyclists rebuild their lives. Contact us today for a free consultation, and let us fight for the compensation you need to move forward.

Does It Really Matter if I Wear a Motorcycle Helmet or Not?

by cjadmin | December 23rd, 2024

Riding a motorcycle offers a thrilling sense of freedom, but it also comes with serious risks. One of the most critical safety measures you can take as a rider is wearing a helmet. Unfortunately, some motorcyclists still choose to ride without one despite the overwhelming evidence that helmets save lives and reduce the severity of injuries.

Discover the importance of helmets from a safety and legal standpoint and dispel common misconceptions that cause some riders to skip this essential protective gear.

Helmets: A Vital Safety Measure

The National Highway Traffic Safety Administration (NHTSA) has found that wearing a helmet reduces riders’ risk of dying in a motorcycle crash by 37%. Helmets also decrease the chance of sustaining a head injury by 69%.

Motorcycle accidents are dangerous due to motorcycles’ lack of protection compared to cars. In a crash, a rider is far more exposed to the elements and the road, making them 24 times more likely to suffer severe injury or death. 

Motorcycle helmets absorb the impact of a crash and help protect the brain from traumatic injuries. Without this protection, riders are 3 to 4 times more likely to die or suffer life-threatening injuries like skull fractures, concussions, and traumatic brain injuries (TBIs).

California Helmet Laws: What You Need to Know

In an accident, wearing a helmet can be the difference between minor injuries and serious, long-term harm. However, in California, it’s not just about safety; it’s the law.

The state has a universal helmet law, meaning that all motorcycle riders and passengers, regardless of age or experience, must wear a helmet when riding. The law is strict and does not allow exceptions, making it one of the most comprehensive helmet laws in the country.

Legal and Financial Consequences of Not Wearing a Helmet

Failure to wear a helmet in California can have legal and financial consequences. Here’s a breakdown:

• Fines: Riders without helmets may face penalties of between $25 and $193, with amounts increasing with repeat violations. These costs can quickly add up, creating a financial burden for those who repeatedly ignore helmet laws.

• Increased Medical Costs: Not wearing a helmet can result in more severe injuries during an accident, leading to higher medical expenses. The lack of protection may require extended hospital stays, surgeries, or long-term rehabilitation.
• Insurance Issues: Insurance companies may reduce coverage or deny claims if a rider involved in an accident wasn’t wearing a helmet. This can leave the rider responsible for medical bills or repair costs that would otherwise be covered.

• Liability in Accidents: In personal injury cases, failing to wear a helmet could be seen as negligence. Under California’s pure comparative fault laws, this could result in a reduced settlement or compensation for injuries, as the rider’s actions contributed to the severity of the harm.

Debunking Common Myths About Helmet Use

Despite the clear benefits of wearing a helmet, some riders still avoid them based on common myths. To better protect yourself, explore the truth behind these misconceptions:

Myth 1: Helmets Reduce Visibility or Hearing

Fact: Helmets are designed to maintain riders’ complete peripheral vision, meeting federal safety standards. As for hearing, a well-fitted helmet can reduce wind noise, allowing riders to hear other sounds more clearly.

Myth 2: Helmets Cause Neck Injuries in a Crash

Fact: Studies have shown that helmets do not increase the risk of neck injuries. They are more likely to prevent severe neck injuries by absorbing impact and protecting the head and neck.

Myth 3: I’m a Safe Rider, So I Don’t Need a Helmet

Fact: Even the safest rider cannot control the actions of other drivers on the road. Accidents can happen anytime, and wearing a helmet is the best way to protect yourself in an unexpected crash.

Wear a Motorcycle Helmet on Every Ride—It’s Worth It!

Whether cruising down California’s scenic highways or moving through busy city streets, wearing a helmet is one of the most effective ways to protect yourself. Not only does it reduce the risk of life-threatening injuries, but it’s also required by law.

If you or a loved one has been involved in a motorcycle accident, consult a qualified California motorcycle accident lawyer at Berg Injury Lawyers, who can help you with the legal process and secure the compensation you deserve. Contact us today for a free consultation.

The Odds of Surviving a Motorcycle Accident

by Staff Blogger | February 24th, 2023

For many Californians, riding a motorcycle can be liberating. Unfortunately, that freedom can sometimes come at the price of safety since there is less protection between them, the road, and other drivers.

Statistics show that if you are a motorcyclist who is involved in an accident with another vehicle, you are more likely to suffer severe injury or death than the passengers in the other vehicle. The question is: how much more?

The odds of surviving a motorcycle crash are hard to pinpoint since they depend on many factors such as speed, road conditions, the number and type of vehicles involved, the manner of collision, and the safety gear worn by the riders.

However, National Highway Transportation Safety Administration (NHTSA) data shows that the odds of surviving a motorcycle accident nationwide range from 90-95 percent.

Motorcycle Fatalities Compared to Passenger Car Fatalities

While these seem like good odds, motorcycle fatalities are still relatively high compared with car accident fatalities. For instance, according to the NHTSA, in 2020, there were 5,579 motorcyclists killed, which accounted for 14 percent of all crash fatalities in the U.S. that year.

This means that in that same year, a motorcyclist was 28 times more likely to die and 4 times more likely to be injured in a crash than a passenger in a car.

What Are the Odds of an Injury on a Motorcycle?

Although the survival rate in a motorcycle crash is high, it doesn’t account for any injuries, which can often be quite severe. In fact, based on NHTSA data, only 1 in 4 motorcyclists walk away from an accident unscathed. In other words, about 80% of motorcycle-involved accidents result in some form of injury and most of those injured were on a motorcycle. Compare that with car accidents, in which 80% of those involved walk away without injury.

What You Can Expect When Injured in a Motorcycle Accident

If you’re ever involved in an accident in California, the first step is always to seek immediate medical attention. Once everyone at the scene is safe, the next step is to call the police to fill out an accident report and collect the contact information of everyone involved. It’s also a good idea to take photos with your phone of any injuries and/or damage to the vehicles involved before anything is moved. Also, keep careful records of all your medical and motorcycle repair expenses.

No matter the circumstances, never speak with the insurance companies or sign any documents without legal representation. Insurance companies, including your own, are looking out for their bottom line and will do whatever it takes to place the blame on you or pressure you to accept an offer that is lower than you deserve.

Therefore, it’s crucial to find the right motorcycle injury lawyer in Sacramento who understands the complex laws and circumstances related to motorcycle riding in California. They will have the expertise to build a strong case, find all the parties at fault, and negotiate a fair and comprehensive settlement with the insurance companies.

Tips to Avoid or Survive a Motorcycle Accident

While we never want or expect to be involved in a motorcycle accident, it can happen to the best of us. Therefore, if you want to be as safe as possible while riding on a motorcycle, here are some tips to protect yourself:

Wear a Helmet

While it’s good to be protected from head to toe, the #1 best line of defense is to wear a helmet.

In California, it’s the law for all motorcycle riders to always wear a helmet. Wearing a helmet can help prevent serious head injury by 69 percent and death by 37 percent. When shopping for a standard-grade helmet, make sure that it has a DOT-approved safety rating and fits your head correctly.

 While a few states are more lenient with their helmet laws, wearing one can save your life and even lower your insurance premiums. On the contrary, if it is found that not wearing a helmet contributed to your injuries, you may recover a smaller settlement award.

Take a Motorcycle Safety Course

Riding a motorcycle safely takes more skill, knowledge and practice than driving a car. In fact, riders who have never taken a safety course are at 30 times greater risk of being involved in an accident. The only way to gain knowledge without experience is through a safety course.

Some states require a safety course to get a motorcycle license; however, even if it’s not required, it’s a good idea to take one to learn about the specific laws and realities that motorcyclists may face on the road. Not only that, taking a course may result in a discount on insurance.

Make Safe Choices

Although you can never be 100 percent protected from factors outside of your control, making safer choices and following laws can reduce the risk of the most serious result. Here are some small things that can have a big impact:

Slow Down: Speeding is one of the leading causes of vehicle accidents. By reducing your speed on the road, you give yourself more time to react and brake as well as increase your visibility and reduce the force of impact in the event of a collision.

Perform Regular Bike Checks: Before every ride, check your tire pressure, brakes, and fluid levels and look around for any leaks or problems. Always stay up to date on routine vehicle maintenance.

Stay alert: Above all, it’s a good idea to stay off the roads when bad weather is predicted or when you’re under the influence of any drugs or alcohol. These precautions will help you to be better prepared in case of emergency.

How a Sacramento Motorcycle Injury Lawyer Can Help

No matter how safe you are, accidents still happen as the result of other drivers’ bad decisions or other unforeseen circumstances.

If you have been injured in a motorcycle accident at no fault of your own in the Sacramento area, our motorcycle injury lawyers at Berg Injury Lawyers are here to help. In fact, for more than 40 years, we have been the motorcycle injury lawyers Sacramento residents have come to depend on, and insurance companies have come to know and fear.

With our No Fee Guarantee®, if you don’t win, you pay nothing. Contact us today!

What Is the Difference Between a California M1 and M2 License?

by Staff Blogger | January 18th, 2023

This blog was originally published on May 11, 2020.

You’ve made up your mind: you want a motorcycle. California’s scenic roads and highways are calling your name! Once you purchase or borrow a motorcycle and (hopefully) a helmet, all that’s left to do is to start up your bike and take off, right?

Not so fast, rider. Before you get on that chopper, you’ll first need to get a special license to legally ride a motorcycle in our state. An M1 or M2 license is a requirement for motorcyclists in California. If you want to ride a motorcycle and are interested in learning which license is best for you, we have you covered.

What Is an M1 License in California?

When you have an M1 license in California, you can legally operate any two- or three-wheeled vehicle equipped with a motor and no pedals, such as motorcycles and sit-down scooters, as well as any motorized vehicle in Class M2, which includes mopeds and motorized bicycles.

What Is an M2 License in California?

When you have an M2 license in California, you can legally operate motorized bicycles, mopeds, and any bicycle with an attached motor, as long as they go no faster than 30 MPH on level ground and are equipped with fully operational pedals. You cannot legally drive a motorcycle or any two- or three-wheeled vehicle without operational pedals with an M2 license.

Which License Do You Need to Operate a Motorized Scooter in California?

If you want to legally operate a motorized scooter, you only need a standard driver license and not an M1 or M2 license. California defines a motorized scooter as a “two-wheeled ‘device’ powered by a motor with a floorboard that is designed to stand on when riding.” Sit-down scooters do not fall into this category.

Should You Apply for an M1 or an M2 License?

An M1 license will cover many bases, so most applicants will likely be best served by applying for it. If you only have need to ride a motorized bicycle, then an M2 license might be enough. As of January 1, 2020, California no longer requires an M2 license for mopeds.

How to Get an M1 License

If you’re over 18, you’ll need to take a vision, knowledge, and driving test. However, if you complete a motorcycle basic rider course, you can have the driving test requirement waived. If you’re under 18, you’ll be required to pass vision and knowledge tests. You’ll also need to complete a motorcycle basic rider course approved by the California Highway Patrol. Lastly, you’ll be asked to provide a Certificate of Completion of Motorcycle Training. The steps provided by the State of California Department of Motor Vehicles are as follows:

• Complete a driver license or ID card application.
• Pay the application fee.
• Pass a vision test and a knowledge test.
• Give a thumb print.
• Have your picture taken.

If you’d like to know what to expect on the knowledge test, the California DMV provides a practice exam. Once you take the real deal, you’ll have three chances to pass it. To study up, check out California’s Motorcycle Guide. Find your local DMV office to identify the office you’ll need to visit to get your license.

If you don’t already have a California driver license, you’ll be required to take a few extra steps in addition to the ones listed above. You’ll be asked to present an identity document or a residency document if you’ve never had a driver license or ID card in California. Just like you would with any other driver license, you’ll also provide your Social Security Number and full legal name.

What Else Do You Need to Legally Operate a Motorcycle in California?

In addition to obtaining an M1 license, you’ll need to buy insurance. Like all motorists, motorcycle operators are legally required to carry liability insurance in the event of a crash. Your policy will be specific to your motorcycle, as your existing auto insurance policy for other vehicles won’t automatically include coverage for your motorcycle.

California’s required motorcycle insurance coverage is known as “15/30/5 coverage.” This means you’ll need $15,000 worth of coverage for injuries suffered by another person, $30,000 of coverage for injuries to all others involved in the accident, and $5,000 of coverage for property damage caused by a collision.

You can learn more about riding a motorcycle in California by checking out the following resources:

• What to Do Before, During, and After Riding a Motorcycle
• What Is California’s Lane-Splitting Law in 2021?
• The Leading Causes of Motorcycle Crashes in California

If You Need Help After a Motorcycle Accident in California, Call Us Today

Berg Injury Lawyers handles motorcycle accident cases across Northern California. Our San Francisco personal injury lawyers have years of experience dealing with insurance companies on our clients’ behalf, and having an attorney can make a huge difference in the amount of money you’re offered after a crash.

Motorcyclists face a stigma that can affect the amount offered to them by insurance companies. It’s unfair, but it doesn’t need to be that way. When you work with Berg Injury Lawyers, we make sure you’re treated fairly by insurance companies. If you’ve been involved in a crash, call the Northern California motorcycle accident attorneys at Berg Injury Lawyers. We offer free consultations, and you’ll never see a bill from us unless we win your case.

Motorcycle Wreck? Don’t Let the Insurance Company’s Bias Cost You.

by Staff Blogger | January 6th, 2020

We Protect Injured Motorcyclists’ Rights

by Staff Blogger | October 14th, 2019

3 Tips for Driving Safely Near Motorcycles

by Staff Blogger | May 15th, 2019

1. 1. Give motorcycles plenty of space. Don’t follow motorcycles too closely. In the event of an emergency, both you and the motorcyclist in front of you will need plenty of space to stop.
   2. Check your blind spots before merging or changing lanes. Motorcycles are smaller than other vehicles, and they can sometimes be hard to see. Look twice before moving over.
   3. Use traffic signals when merging. Give motorcyclists fair warning when you plan on changing lanes to avoid a collision.

Motorcycle Accident Attorneys Serving the Bay Area

3 Reasons to Get a Lawyer After a Motorcycle Accident

by Staff Blogger | April 29th, 2019

1. We’ll collect evidence to determine who was at fault—Insurance companies are often biased against motorcycle accident victims. But even the most biased adjusters can’t argue with cold, hard evidence—and that’s what we’ll collect when we build your claim.
2. We’ll calculate how much money you’re owed—Because motorcycle accident injuries can be life-threatening, the medical treatments you need may be expensive. In addition, you may be out of work for weeks, months, or even years. Let us calculate exactly how much money you deserve.
3. We’ll negotiate to get you fair compensation—After we’ve established the accident wasn’t your fault and how much money your claim is worth, we’ll negotiate with the insurance company to get you paid. And if the insurance company won’t cooperate, we won’t hesitate to take your case to trial.

Motorcyclists Face Higher Injury Risks

by Staff Blogger | March 6th, 2019

How You Can Reduce Your Risks

• A DOT-approved or Snell-certified helmet
• Padded riding pants and jackets
• Over-the-ankle riding boots
• Gloves

We Serve Injured Motorcyclists in California