There are more registered motorcycles in California, than in any other state, with almost 814,000. An unfortunate result of having more motorcyclists on the road is there will be more chances for them to be injured in a motorcycle crash.
We have 20 years of experience helping our clients collect compensation.
An experienced motorcycle accident lawyer understands the obstacles victims and their families face following a wreck. For victims or families who lost a loved one in a motorcycle crash, there is nothing that will ever make them whole again.
But having an advocate fighting on your behalf can help, including:
An experienced motorcycle accident attorney knows the law governing complicated legal issues. We can help you obtain the compensation and results that you’re entitled to under California law. Insurance companies often avoid telling injured motorcyclists about comparative fault. They may also deny a claim outright if the injured victim is not represented by an attorney.
The insurance company will usually blame the motorcyclist, maintaining that they:
They will then deny liability and the injured motorcyclist won’t know that they’re entitled to compensation.
Under California Code of Civil Procedure § 335.1, you only have 2 years to file an injury claim. It could take your attorney significant time to properly investigate the accident. Given this timeframe, it’s usually a good idea to speak with a personal injury attorney as soon as possible.
If you were injured in a motorcycle accident, who is responsible?
In the vast majority of accidents involving a motorcycle and an automobile, the driver of the automobile is:
The primary factors involved in motorcycle collisions are automobile drivers who:
When a driver:
the consequences are likely to be tragic.
Drivers who hit motorcyclists could also be:
Any of which could result in a serious accident with extremely severe injuries to the motorcyclists.
The money you can get for your injuries sustained in your motorcycle accident depends on:
You may be entitled to one or more of the following damages:
If the other driver in your motorcycle accident was negligent or failed to exercise a reasonable standard of care, you may be able to seek damages.
Your motorcycle accident could also have been caused by a defective motorcycle or motorcycle part. In this case, you could pursue a product liability claim against the manufacturer.
If faulty design, manufacturing or labeling was responsible for your accident and subsequent injuries, your attorney will show what specific defect caused your accident and how. Experts may be brought in to thoroughly analyze the accident. Because it must also be shown you were operating the motorcycle as it was intended to be operated.
Accidents can sometimes involve motorcycles with issues such as:
At times, the person driving the motorcycle may have some liability for the accident. In these cases, the injured motorcyclist may still be entitled to compensation because California is a comparative fault state.
Assuming a person has a million dollars worth of injuries, and a court or jury should find that a Plaintiff motorcycle rider is 20% at fault, they will still be entitled to $800,000 in compensation.
An experienced motorcycle lawyer can still maximize recovery even with a finding of some fault, whether at 50%, 80%, or 99% recovery. The amount we recover can have a positive impact on the motorcyclist’s life.
According to the California Highway Patrol, California, and particularly Los Angeles, has seen an increase in motorcycle fatalities.
Really, the only safety features afforded a motorcyclist are a helmet and leathers to protect the limbs in the event of a crash.
Unfortunately, only about half of all motorcyclists across the nation wear a helmet when they ride a motorcycle.
In 2015, the Los Angeles Times reported the following motorcycle accident data from the National Highway Safety Transportation:
No matter how well a motorcyclist rides, other factors, such as other drivers’ mistakes, could lead to them being involved in a wreck.
While no definitive reason was found explaining why motorcycle wrecks and fatalities saw such a sharp rise in Los Angeles or throughout California, a few factors that could have contributed to these crashes are:
Unfortunately, motorcyclists are often seen as thrill-seekers who routinely exceed the speed limit and take unnecessary risks. Some people think only of a gang, like the Diablos, when they think of motorcyclists. These are nothing more than stigmas and stereotypes. Regardless, police officers and jurors may award a settlement to the motorcyclist based more on their beliefs about motorcyclists than on the actual facts of the case.
Especially if the motorcyclist was exceeding the speed limit or lane-splitting (which is legal in the state of California) the police officer may attribute fault to the biker where none exists. A biased police report can literally stop your case in its tracks. Because of this, it is essential to have an attorney who understands the types of biases that exists against motorcyclists and how to overcome them.
Unfortunately for motorcyclists, unlike those in cars and trucks, their vehicle provides them with very little protection during an accident.
Motorcyclists’ vulnerability oftentimes results in catastrophic injuries, such as:
Spinal cord injuries and TBIs are life altering, with victims often never able to do many of the things they love ever again. Injuries such as these require a lifetime of costly and time-consuming care and treatment, with many patients unable to continue making a living in their chosen profession or, in some cases, any profession as a result.
As many as 98% of all motorcyclists involved in a collision are injured, at least to some degree. At least 45 percent of those injuries are serious.
Additional statistics related to motorcycle injuries from a collision include:
While there are many different injuries sustained by motorcyclists who are in an accident, one of those is road rash. Many people hear the term “road rash,” and think of a relatively minor injury following a motorcycle accident. Road rash is a term that encompasses the abrasions received by a motorcyclist when they are involved in a crash, thrown from the motorcycle, and slide along an asphalt or gravel road.
While road rash has many degrees of severity, in some instances it can be extremely serious and even fatal should infection set in. Like burns, road rash is categorized according to severity, from first degree to third degree.
Motorcycle accidents often involve more serious injuries than auto accidents due to the strong physical contact a rider may experience with the road, other vehicles, or cement and concrete structures on the road. With or without a helmet, you may suffer serious brain injuries or fractures to the face, arms, back, shoulders, and legs in a motorcycle crash.
As in all motor vehicle accidents, the first thing to do following a motorcycle accident is to seek medical treatment to ensure that you are okay or to determine whether you need to go to the hospital emergency room or doctor right away.
Upon taking care of any injuries, you or a family member or friend should gather all information such as:
After gathering all information, call a lawyer as soon as possible. A motorcycle accident lawyer such as those at our firm will know what to do after a motorcycle accident.
We can deal with your property damage, represent you before the insurance company, and fight for your rights to receive proper compensation for your:
Motorcycle accident claims are among the more difficult type of claims to present to a jury.
Your Los Angeles motorcycle attorney will understand all aspects, including:
Once your attorney has all the facts regarding your accident, he or she can:
Post-accident-related expenses for a motorcyclist can mount alarmingly. If you are unable to return to work, your regular monthly expenses may also be piling up. The compensation received in a motorcycle claim is meant to lessen your financial burden and assist you in rebuilding your life. Having an experienced personal injury attorney in your corner is essential to an equitable settlement.