Los Angeles Motorcycle Accident Lawyer
While riding a motorcycle is universally fun and economical, California’s warm weather and great outdoors are an added incentive for Los Angeles motorcyclists. However, motorcyclists have to share Los Angeles’s busy roadways with other road users, including motorists. This makes motorcycling dangerous, considering bikers have little to no protection in a collision with a motor vehicle.
Motorcycle accidents often result in severe injuries or even death for the motorcyclist. From traumatic head injuries to broken bones, motorcycle accident injuries can be life-changing. Besides the physical injuries and emotional pain, a motorcycle accident is likely to cost you thousands of dollars in medical expenses and bike repairs.
As a victim of a motorcycle accident, you are probably confused about who is liable for your damages. If you sustained injuries in a motorcycle accident due to another’s negligence, California law entitles you to compensation. However, you need an experienced Los Angeles motorcycle accident lawyer to help you negotiate with insurance companies and file a personal injury lawsuit if necessary.
If you are in Los Angeles, CA, don’t worry. Our skilled Los Angeles motorcycle accident lawyers have extensive experience dealing with motorcycle accidents and will help you get compensation for your injuries and other related damages. We will defend your rights even where you were partly at fault for the accident.
Common Causes of Motorcycle Accidents
Identifying who or what caused your motorcycle accident is critical when seeking compensation. The at-fault party is liable to pay for damages hence the need to identify the cause of an accident. Some of the most common causes of a motorcycle accident in Los Angeles include:
- Reckless Drivers. Many drivers negligently disregard motorcyclists on the road and end up hitting them. Reckless driving can take many forms, including drunk driving, over-speeding, overtaking, driving too close to the motorcyclist, running red lights, and ignoring the rider’s right of way. Distracted driving, where a driver crashes into a motorcycle because they were using the phone while driving, is another form of reckless driving. Reckless and inattentive drivers are responsible for a majority of motorcycle accidents in Los Angeles.
- Poor Road and weather conditions. Bad roadways, including common defects like gravel and potholes put motorcyclists at an increased risk of dangerous accidents compared to motorists. Common weather hazards like ice/snow on the road are also more dangerous for motorcyclists. In most cases, government agencies are liable to pay you damages for a motorcycle accident due to poorly maintained or defective roadways.
- Defective motorcycles and defective parts. Mechanical failures due to a malfunctioning of the motorbike or defective parts, including tire blowouts, brake failure, and electrical issues, can lead to dangerous motorcycle accidents. Mostly, the motorcycle manufacturer is liable for damages in such accidents. However, a mechanic who does a poor job or puts in defective parts may also be liable for the accident.
- Other causes. Motorcycle accidents may also be due to other causes, including lane splitting, over-speeding, riding under the influence, tailgating, and inexperienced riders. In most of these cases, the motorcyclist may be partly at fault for the accident.
California Laws and Motorcycle Accidents
California laws protect motorcyclists on the road through specific and unique laws. However, the law also requires riders to obey similar general traffic regulations as motorists, including stopping at red lights and giving pedestrians the right of way. Understanding California’s complex and sometimes controversial motorcycle accident laws is critical when seeking compensation for damages. Some of the motorcycle accident laws include;
- Statute of limitations. This involves the law imposing a deadline on when you can file a motorcycle accident claim. According to California laws, you have two years from the date of a motorcycle accident or from the discovery of your injuries to file a personal injury claim. Filing a personal injury claim as soon as possible ensures critical information, including police and medical reports, is readily available.
- Comparative Negligence. California is a pure comparative negligence state where more than one person may be liable for damages in an accident. According to the law, each party is liable according to their percentage of fault or degree of negligence. Consequently, in an accident where you are partially at fault, the court will reduce your compensation amount as per your percentage of fault. For instance, the court will reduce your compensatory award from $100,000 to $80,000 in an accident where you are 20% at fault. Determining comparative negligence is not only complex but is also controversial and prone to disagreements.
- Helmet Laws. According to the National Highway Traffic Safety Administration (NHTSA), wearing a helmet reduces the risk of severe brain and head injuries in a motorcycle accident by 30%. California requires all motorcyclists and their passengers to wear a Department of Transportation approved helmet. Failure to wear a helmet does not only increases the risk of severe injuries but can also be used as evidence against you in a personal injury lawsuit.
- Lane Splitting. California is among the few states that allow lane splitting for motorcycle riders. Lane splitting involves a motorcyclist riding on the lane divider between vehicles in stopped or slow traffic. Even though California did not technically legalize lane splitting, in 2016, it removed the law that previously banned the practice. Besides being dangerous for motorcyclists, the practice is subject to controversial debates between motorcyclists and motorists, especially when determining fault in a personal injury claim.
Common Motorcycle Accident Injuries
With little to no protection, most motorcyclists suffer catastrophic injuries or even die in collisions with motor vehicles or in accidents that involve hitting other objects or impacting the road. Some of Los Angeles common motorcycle accidents include:
- Traumatic brain injuries and head trauma
- Spinal cord injuries
- Internal organs injuries
- Broken bones and amputations
- Road rash
- Severe bruising and physical scarring
- Burn injuries
- Soft tissue injuries
In addition to these physical injuries, motorcycle accident survivors may also experience emotional pain and suffering.
Recovering Damages in a Los Angeles Motorcycle Accident
Regardless of who caused a motorcycle accident, the law entitles you to recover compensation for your damages. In addition to medical expenses, you may also be able to recover damages for lost wages, lost future earning capacity, motorcycle repair costs, rehabilitation expenses, and legal fees paid for the lawsuit.
You may also be able to recover damages for emotional distress, pain and suffering, and the wrongful death of a loved one.
Why You Need a Motorcycle Accident Attorney
Motorcycle accidents often leave victims with serious and life-changing injuries that may require expensive medical treatment and even lifelong rehabilitation. Consequently, motorcycle accident claims involve substantial compensatory awards. Typically, the more severe your injuries, the more you will get in compensatory awards, and your accident claim will be more adversarial.
From negotiating with insurance companies aiming to deny you fair compensation to managing your medical treatment and recovery, motorcycle accident claims can be stressful. However, a skilled and experienced motorcycle accident lawyer can help you navigate the complex process, including negotiating with insurance companies as you focus on your recovery.
A motorcycle accident lawyer will also help you gather the necessary evidence for a successful personal injury lawsuit. Some of the critical pieces of evidence that your attorney can help you gather includes:
- Photos of injuries suffered during the crash, both immediately after and later down the line
- Eyewitness statements
- The report filed by the police after the accident
- The motorcycle helmet was worn during the accident
- Photos of the accident scene, including the wrecked motorcycle
- Contact information of the driver involved in the collision
- Any available footage from other road users, store cameras, or road cameras
What to Do After Being Involved in a Motorcycle Accident
Since most motorcycle accidents happen on busy roadways, your biggest concern immediately after an accident should be your safety. You should ensure your surroundings, including other parties involved in the accident, are safe. You should get medical treatment for your injuries and have someone report the accident to the police as soon as possible.
You should also avoid actions that might worsen your injuries, including removing your protective gear. Depending on the severity of your injuries, you may need immediate assistance to complete some of these actions. You may also need to contact a motorcycle accident attorney as soon as possible.
Contact a Los Angeles Motorcycle Accident Lawyer
Motorcycle accidents often result in catastrophic injuries that leave survivors requiring lengthy and often expensive medical treatment. The motorcyclist may also lose their ability to work and provide for themselves and their loved ones. Despite the law entitling victims to compensation, especially where another party’s negligence caused the injuries, recovering damages in a motorcycle accident is complicated.
However, if you are in Los Angeles, CA, and you or a loved one has suffered injuries in a motorcycle accident, don’t worry. Our skilled and experienced motorcycle accident lawyers at Heidari Law Group are committed to guiding you through the complex process while defending your right to fair compensation. Let us worry about getting you the compensation you need and deserve, and you can focus on recovery. Contact us today for a free consultation and to learn more about our services.
Get a Free Consultation
If you need a personal injury attorney with a history of success, good communication at all stages of your case, and who will help you manage and settle your case call Abogados Con Experiencia. We will handle your case so that you can heal and put your life back together.
Are we a good fit?
- Have you suffered injuries in an accident that was caused by someone else?
- Does the person who is responsible for these damages have insurance?
- Were there significant injuries that caused hospital visits or missed work?
- Did the accident happen within the last 24 months?
If you answered YES to ALL of the questions, Abogados Con Experiencia may be a good option. Contact us today for a free case evaluation. Our team will lay out your options and answer all of your questions regarding your potential case. It is our job to determine how to best protect your rights and minimize the impact of an injury caused by another’s carelessness thus giving you the ability to focus on recovery.