Los Angeles Motorcycle Accident Attorney
The number of casualties due to motorcycle accidents has soared in recent years. More than 1.2 million people received emergency medical care for motorcycle accidents between 2001 and 2008, and almost 25,000 people died as a result of motorcycle accidents in that same period. Younger adults were at the highest risk of dying or being injured in a crash, and the consequences can be life-altering.
If you have been in a motorcycle accident, our Los Angeles motorcycle accident attorney will fight for the compensation to which you are entitled and can help you get your life back on track. Motorcyclists are far more likely to be injured or killed while riding than any other group of roadway users. More than 3,000 motorcyclists in Los Angeles are involved in crashes every year, according to the Los Angeles Department of Transportation.
Let Our Experienced Motorcycle Accident Lawyer in Los Angeles Help Your Case
Our law firm helps motorcycle accident victims seek compensation for their medical treatment, physical pain, traumatic brain injuries, spinal cord injuries, and other losses.
Many of our lawyers often ride motorcycles and understand what being a motorcyclist means. We have seen the long road that may be ahead of cyclists who are hurt or have lost loved ones in a crash. We use our real-life experiences to build strong cases for our clients and their loved ones. Suffering as a result of a motorcycle accident can be devastating, and you need someone strong, tough, and ready to advocate for your interests and fight for your rights.
Common Causes of Motorcycle Accidents
Without a roof, a steel frame, airbags, and other safety features, motorcyclists typically sustain some of the most serious injuries when they are involved in a crash. Accidents involving motorcycles are typically caused by the same negligent acts that cause other serious crashes on the road. The only difference is that without the safety features of other vehicles, bikers usually sustain much more serious injuries. Some of the most common causes of motorcycle accidents are as follows:
- Unsafe lane changes
- Speeding
- Biker or driver inexperience
- Unsafe conditions
- Reckless or distracted driving
- Improper turns
- Impaired visibility
- Defective or malfunctioning motorcycles or motorcycle parts
Common Motorcycle Accident Injuries
Motorcycle accidents can result in a range of injuries due to the exposed nature of motorcycle riding and the lack of protective barriers that are present in other types of vehicles. The severity of injuries can vary widely, and some may require extensive medical treatment and rehabilitation. Here are some common motorcycle accident injuries:
- Road Rash: This injury occurs when a rider’s unprotected skin makes contact with the road surface during a crash. It can lead to abrasions, cuts, and bruises. Wearing protective gear, such as leather clothing, can help reduce the risk of road rash.
- Fractures and Broken Bones: The impact of a motorcycle accident can cause fractures or breaks in various bones, including the arms, legs, wrists, and collarbones. The severity of fractures can range from minor to more severe, requiring surgical intervention.
- Head Injuries: Head injuries are a significant concern in motorcycle accidents. Even with helmets, riders can suffer concussions, traumatic brain injuries (TBIs), or skull fractures. Wearing a properly fitted helmet is crucial for minimizing the risk of head injuries.
- Spinal Cord Injuries: The spine is vulnerable in accidents, and damage to the spinal cord can result in paralysis or other long-term disabilities. Spinal cord injuries can have a profound impact on a rider’s quality of life.
- Soft Tissue Injuries: Muscles, tendons, and ligaments can be strained, sprained, or torn in a motorcycle accident. These soft tissue injuries can lead to pain, swelling, and restricted mobility.
- Internal Injuries: The force of an impact can cause internal injuries, such as damage to organs, internal bleeding, or bruising. These injuries may not be immediately apparent and can be life-threatening if not promptly diagnosed and treated.
- Burns: Motorcycle accidents can sometimes result in burns, especially if there is a fire or the rider comes into contact with hot surfaces. Burns can range from minor to severe, requiring medical attention and specialized care.
- Facial Injuries: Facial injuries, including fractures to the jaw, nose, or cheekbones, are common in motorcycle accidents. Riders are advised to wear protective gear, such as a full-face helmet, to reduce the risk of facial injuries.
- Joint Injuries: Impact during a motorcycle accident can lead to injuries in the joints, such as dislocations or tears in the ligaments. Knee and shoulder injuries are particularly common.
- Psychological Injuries: Beyond physical injuries, motorcycle accidents can also have psychological consequences. Riders may experience post-traumatic stress disorder (PTSD), anxiety, or depression as a result of the trauma associated with the accident.
It’s important to note that wearing appropriate safety gear, including helmets, jackets, gloves, and protective clothing, can significantly reduce the risk and severity of injuries in a motorcycle accident. Additionally, following traffic laws, riding responsibly, and being aware of one’s surroundings can contribute to overall motorcycle safety. In the unfortunate event of an accident, seeking prompt medical attention and legal assistance can be crucial for the recovery process. Your initial consultation with our Los Angeles motorcycle accident injury lawyers is always free, and we handle all litigation costs. You owe nothing to us until we obtain a satisfactory settlement agreement for you.
Lane Splitting Under California Law
On August 19, 2016, Assembly Bill 51 was signed by the governor, effectively making the practice of lane splitting legal in the state. California was the first state in the country to enact such legislation.
Lane splitting occurs when a motorcyclist moves between two other vehicles on a roadway, riding on the dividing line between two different lanes of traffic. Many negligent drivers try to use the practice to shift blame to the motorcyclist that was seriously injured in a crash. However, because lane splitting is legal, this cannot be used by negligent drivers as a defense.
Even though lane splitting is legal, there are limits to it that bikers should know about. For example, lane splitting is only legal when a roadway is divided into two or more marked lanes of traffic that are traveling in the same direction. Motorcyclists must also follow certain speed limits when lane splitting.
You Can Recover Compensation For Injuries You Sustained in a Motorcycle Accident
Financial compensation is designed to help you recover not only immediate financial losses but also any ongoing and potential future expenses you may face as a motorcycle accident victim. This can include costs for:
- Doctors’ bills
- Emergency room care
- Rehabilitation and physical therapy
- Lost wages and reduced earning potential
- Loss of enjoyment
- Pain and suffering
- Permanent disability
- Living expenses during recovery
Determining Liability in Motorcycle Crashes
Motorcycle accidents can result from a variety of factors, and it’s essential to establish liability when pursuing compensation for injuries and damages. Identifying who can be held liable in motorcycle crashes is a critical aspect of legal proceedings. Liability can fall on various parties involved, depending on the circumstances of the accident. Here, we’ll delve into the different entities or individuals who may be held accountable in motorcycle accident cases.
Other Drivers
One of the most common scenarios involves other drivers on the road. When another motorist’s negligence or reckless actions cause a motorcycle accident, they can be held liable. This negligence could encompass actions such as speeding, making unsafe lane changes, driving under the influence, or failing to yield the right of way. Establishing that the other driver’s actions directly led to the accident is crucial in these cases.
Manufacturer or Distributor
Sometimes, motorcycle accidents result from defects or malfunctions in the motorcycle itself. In such cases, the manufacturer or distributor may be held responsible for the accident. This could involve issues like brake failures, defective tires, or other mechanical problems. If a defect in the motorcycle or its components can be proven to have directly contributed to the accident, the manufacturer may be liable.
Local Government or Municipality
Poorly maintained or designed roadways can pose serious hazards for motorcyclists. If a motorcycle accident is caused by hazardous road conditions, such as potholes, inadequate signage, or improper maintenance, the local government or municipality responsible for those roads may be held liable. These cases often involve a complex legal process, making it crucial to have experienced legal representation.
Property Owners
Motorcycle accidents can also occur in areas such as parking lots, driveways, or private property. If the accident takes place on someone else’s property, the property owner might be held accountable if their negligence contributed to the crash. For example, a lack of proper signage or failure to address known safety hazards can establish liability.
Employers
In cases where the at-fault driver was operating a vehicle as part of their employment, their employer might share liability. Employers can be held responsible under the legal doctrine of “vicarious liability” when an employee’s actions lead to an accident. This is often relevant in cases involving commercial vehicles or company cars.
Passengers on the Motorcycle
In some instances, the passenger on the motorcycle may be partially liable for the accident. If the passenger’s actions or interference with the driver’s control of the motorcycle leads to a crash, they could share responsibility. It’s crucial to consider all potential factors contributing to the accident when determining liability.
Comparative Fault
It’s essential to note that liability may not always be one-sided. In many cases, liability is shared among multiple parties to varying degrees. California follows a “comparative fault” system, which means that even if the motorcyclist bears some responsibility for the accident, they can still seek compensation. However, their recovery may be reduced based on the percentage of fault assigned to them.
Understanding the various potential sources of liability in a motorcycle accident is a complex and multifaceted process. It often requires thorough investigation, legal expertise, and the ability to negotiate with insurance companies and legal representatives. That’s where the assistance of an experienced Los Angeles motorcycle accident attorney becomes invaluable.
When you’ve been involved in a motorcycle accident, you need someone who can navigate the intricacies of the legal system, establish liability, and secure the compensation you deserve. Whether it’s an at-fault driver, a motorcycle manufacturer, a negligent property owner, or any other party, our skilled attorneys are prepared to advocate on your behalf.
Steps to Take After a Motorcycle Accident in Los Angeles
The days and weeks following a motorcycle accident are incredibly confusing. You may know that you can file a claim but to be successful with it, you must take certain steps to protect your case. The most important steps to take after a motorcycle crash are as follows:
- Remain calm and do not say too much at the scene, such as apologizing or admitting you were at fault.
- Move to a safe location, if possible, so you are not involved in a secondary accident.
- Check yourself and others to determine if anyone was injured.
- Call the police so they can visit the scene and write and file an official report.
- Collect certain information, if you can, such as the driver’s insurance information, driver’s license number, and license plate number.
- Take photographs and video footage of the scene, as these can be used as evidence when filing your claim.
- Seek medical attention either at the scene or immediately after you leave, so your injuries are fully documented.
- Report the accident to your insurance company, as your policy may require it and failure to do so could result in the cancellation of the policy.
- Contact a Los Angeles motorcycle accident lawyer who can help file your claim and ensure you receive the full compensation you are entitled to.
Taking the above steps will help ensure that your case is as strong as possible from the outset so you have the best chance of success with your claim.
Understanding Policies and Coverage in Motorcycle Accident Claims
Insurance companies play a pivotal role in handling and resolving motorcycle accident claims, particularly those related to personal injury. When a motorcycle rider is involved in an accident, the aftermath often involves navigating the complexities of insurance procedures and the legal landscape surrounding such incidents. Insurance companies may contact you immediately after the crash, but agreeing to any kind of compensation, admitting fault, or even just talking to them could keep you from getting the compensation you deserve.
Motorcycle accident claims are a specific category within the broader realm of vehicular accidents. These claims arise when a motorcycle rider is involved in a collision or any incident that results in damage to the motorcycle or injuries to the rider. The process of filing a motorcycle accident claim typically involves dealing with insurance companies, which act as intermediaries between the injured party and the at-fault party.
One of the key aspects of motorcycle accident claims is the pursuit of compensation for personal injuries. Personal injury claims in the context of motorcycle accidents encompass a range of physical and psychological harm suffered by the motorcycle rider. These can include but are not limited to fractures, head injuries, spinal injuries, and emotional distress. The severity of injuries sustained in motorcycle accidents often necessitates comprehensive medical treatment, rehabilitation, and sometimes long-term care.
The intricacies of personal injury claims in motorcycle accidents highlight the importance of understanding insurance policies and coverage. Motorcycle riders are required to carry insurance coverage, but the extent of coverage can vary. Liability insurance is a common requirement, covering damages and injuries caused by the motorcycle rider to others. Additionally, riders may opt for personal injury protection (PIP) or medical payments coverage to address their own medical expenses in the event of an accident.
When a motorcycle accident occurs, the injured rider initiates the process by filing a motorcycle accident claim with their insurance company. This kicks off the investigation and evaluation of the claim, a process in which the insurance company assesses the circumstances of the accident, the extent of injuries, and the liability of the parties involved. The determination of fault is a crucial aspect of this assessment, as it influences the outcome of the claim.
In cases where the motorcycle rider is not at fault, their insurance company may pursue compensation from the at-fault party’s insurance. This process involves negotiations between the insurance companies to determine a fair settlement for the motorcycle accident claim. It is essential for the injured rider to provide documentation of medical expenses, property damage, and other relevant costs to support their claim.
However, the resolution of motorcycle accident claims is not always straightforward. Disputes may arise over liability, the extent of injuries, or the adequacy of the offered settlement. In such instances, the legal system may become involved, and the motorcycle accident case may proceed to court. This is where the complexity of navigating legal proceedings intersects with the intricacies of insurance claims.
Legal representation becomes crucial for motorcycle riders involved in contentious accident cases. A skilled attorney from El Dabe Ritter Trial Lawyers specializing in personal injury and motorcycle accidents can advocate for the rights of the injured party, ensuring that they receive fair compensation for their losses. Our attorneys may engage in negotiations with insurance companies, present evidence in court, and navigate the legal processes to achieve a favorable outcome for the motorcycle rider.
It is worth noting that insurance companies, while playing a vital role in facilitating compensation, are profit-driven entities. This can sometimes result in challenges for motorcycle riders seeking fair settlements. Insurance adjusters may attempt to minimize payouts, and without proper legal representation, injured riders may find themselves at a disadvantage.
Contact us as soon as possible after your accident. You will not even need to come to our office; we can visit you at home or in the hospital to make it easier for you, especially while you are recuperating.
Our Los Angeles Motorcycle Injury Lawyers Will Fight For You
Negligence and recklessness are among the most common causes of motorcycle crashes. Car and truck drivers often claim they failed to see the motorcyclist they hit. They may even try to deflect blame onto the motorcyclist.
Whether your accident was due to a negligent, reckless, intoxicated, or otherwise impaired or irresponsible driver, our motorcycle accident lawyers in Los Angeles will fight aggressively to protect you and get the maximum compensation possible for you. We will hold the responsible party or parties accountable for your injuries or loss, even if the accident was a result of a defective bike part, poor road conditions, or other factors outside your control. Call (213) 985-1120 to learn more about your legal options today.
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