How can a Los Angeles motorcycle accident lawyer protect your rights after a motorcycle accident?
In Los Angeles, motorcycle incidents are a significant public safety concern. The city consistently records high rates of incidents and fatalities. A majority of these incidents cover collisions. As such, motorcyclists in Los Angeles constantly face the risk of injuries and even death on the road.
Are you or someone you know a victim of a motorcycle accident in Los Angeles? Such accidents can negatively impact a person’s life, possibly for the foreseeable future. Compensation is available for such an unfortunate event. However, not everybody has the knowledge or skill to process a claim quickly. Learn more in the article below on how our trusted Los Angeles lawyer can help you after a motorcycle accident.
Quick Summary:
- Motorcycle accidents in Los Angeles pose significant safety risks, often resulting in injuries or fatalities. Common causes include distracted driving, driving under the influence, speeding, and poor road conditions.
- Victims can suffer various injuries, including damage to the lower and upper extremities, head injuries, and spinal injuries. Fortunately, California laws cover ways to reduce the frequency of these incidents.
- Victims’ compensation may include medical expenses, lost wages, pain and suffering, and property damage. The factors affecting the compensation amounts can depend on the severity of the damages incurred.
- Contacting a lawyer immediately after an accident is important for preserving evidence and ensuring proper compensation. Lawyers can also help individuals understand California’s laws and how they can reduce the dangers of motorcycle driving.
What are the Common Causes of Motorcycle Accidents in Los Angeles?
Several common causes influence motorcycle accidents in Los Angeles. Mostly they are primarily linked to human behavior and environmental factors. Understanding what these causes are helps you improve your safety on the road:
- Distracted Driving: Activities like texting or talking on the phone can prevent drivers from noticing motorcyclists.
- Driving under the Influence: Impaired drivers have slower reaction times and poor judgment, which can pose a significant threat to motorcyclists.
- Speeding: Excessive speed decreases a driver’s ability to react to sudden changes. This can increase crash severity.
- Failure to Monitor Surroundings: Many accidents happen when drivers neglect to check their blind spots. It is easy to overlook smaller motorcycles.
- Reckless or Aggressive Driving: Tailgating and erratic lane changes can intimidate motorcyclists and cause them to lose control.
- Poor Road Conditions: Hazards like potholes and debris can cause motorcyclists to lose control due to fewer points of contact with the road.
- Lane Splitting: While legal in California, lane splitting can be risky if not done carefully, as it exposes riders to unexpected obstacles.
What Possible Injuries Can You Get After a Motorcycle Accident?
After a motorcycle accident, riders can suffer a variety of injuries. This often happens due to the lack of protection compared to other vehicles. The most common injuries can include:
- Damage to Lower Extremities: Injuries to the legs, knees, and feet are the most frequent. These often result in fractures, torn ligaments, and road rash. These injuries occur due to the exposure of a rider’s legs during a crash and the weight of the motorcycle.
- Damage to Upper Extremities: Riders may sustain shoulder dislocations, broken arms, and nerve damage when they instinctively use their arms to brace for impact.
- Head and Brain Injuries: These can be severe, including concussions and traumatic brain injuries (TBI). They may lead to long-term cognitive issues or even death. Helmets significantly reduce these risks.
- Chest and Abdomen Injuries: Blunt force trauma can cause broken ribs, internal bleeding, or damage to organs like the lungs or spleen.
- Spinal Injuries: Impacts can lead to serious spinal cord injuries. They can potentially result in paralysis or chronic pain.
- Road Rash: Skin abrasions occur when a rider slides across the pavement, which can lead to infections and scarring.
What are California Motorcycle Laws and Rider Rights?
California has unique laws to ensure motorcycle operation and safety. These laws were made to help reduce the frequency of these deadly incidents. In addition, if you have been a victim of a motorcycle incident, a lawyer may cite these regulations to ensure you get proper compensation.
These laws can be difficult to understand by themselves. They may cover numerous details that can go over your head. Fortunately, a lawyer can also help explain these guidelines without confusion. The most prominent California traffic laws cover the following issues:
Lane Splitting
Lane splitting, or riding between lanes of traffic, is legal in California. However, the state has specific guidelines to enhance safety for motorcyclists and other road users. Lawyers must know these regulations to argue cases involving lane-splitting accidents effectively.
The California Highway Patrol has developed educational guidelines for safe lane-splitting practices. Lawyers can use this knowledge to know if a motorcyclist was operating within legal parameters during an accident.
Helmet Laws
California law requires all motorcyclists and passengers to wear helmets. These helmets should meet the U.S. Department of Transportation (DOT) standards. Their standards strongly recommend that you wear the following protective gear:
- Face and Eye Protection: A full-face helmet or goggles.
- Protective Apparel: A leather or long-sleeve jacket with reflective elements, long, durable pants, over-the-ankle closed-toe boots, and full-fingered leather gloves.
You have a far better chance of avoiding serious injury when you follow these standards.
Licensing Requirements
In California, riders must obtain a motorcycle license (Class M1 or M2). To operate a motorcycle in California, you must have a valid driver’s license. There are two classes of motorcycle licenses:
- Class M1: This license allows you to operate any two-wheeled motorcycle. These include vehicles under Class M2.
- Class M2: This license permits you to operate a motorized bicycle, moped, or any bicycle equipped with an attached motor.
Completing a California Motorcyclist Safety Program (CMSP) course is also recommended.
Insurance Requirements
California mandates that all motorcyclists carry minimum liability insurance coverage. The different types of acceptable insurance for motorcyclists include:
- Motor Vehicle Liability Insurance Policy: A standard insurance policy that covers liability for damages.
- Cash Deposit: A deposit of $35,000 made with the DMV.
- Self-Insurance Certificate: A certificate issued by the DMV for self-insurance.
- Surety Bond: A $35,000 surety bond obtained from a company licensed to operate in California.
Lawyers must ensure their clients have adequate insurance coverage and explain how this impacts claims after an accident.
Other Relevant Laws
Motorcycles must meet specific equipment standards, including functional lights and horns. This allows attorneys to assess whether equipment failure contributed to an accident. Motorcycle riders are subject to the same traffic laws as other vehicles.
What Compensation Can a Motorcycle Accident Victim Get?
Victims of motorcycle accidents are entitled to various forms of compensation. This compensation can help cover the financial and emotional impacts of the incident. For these victims, they may be compensated for their:
- Medical Expenses: This includes costs for hospital stays, surgeries, rehabilitation, and ongoing medical care related to the accident.
- Lost Wages and Future Earnings: If the accident prevents you from working, you can claim compensation for lost income during recovery. This also covers potential future earnings if your ability to work is affected.
- Pain and Suffering: Victims can seek damages for physical pain and emotional distress caused by the accident. It can include anxiety, depression, or loss of enjoyment in life caused by the incident.
- Property Damage: Compensation can also cover repairs or replacement of your motorcycle and any personal property damaged in the accident.
Factors Affecting Compensation Amounts
The amount of compensation you get entirely hinges on the damages you receive. A lawyer can help you understand how much these affect the compensation you receive. Several factors influence the amount of compensation awarded, including:
- Severity of injuries
- Medical expenses incurred
- Impact on quality of life
- The degree of negligence involved
Why Should I Contact a Lawyer Immediately?
They can help protect your rights and ensure you receive the necessary compensation. Here are reasons why you should contact a lawyer immediately:
Timeliness
Acting quickly after a motorcycle accident is important. In California, you generally have two years to file a personal injury claim—this statute of limitations forces you to file your claim quickly. Evidence can deteriorate over time, so a lawyer helps preserve your case.
A trained Los Angeles motorcycle accident lawyer can also provide immediate guidance on what steps to take next. The sooner you involve a lawyer, the better your chances of building a strong claim and securing favorable outcomes.
Evidence Preservation
A lawyer helps gather and preserve evidence for your case. This includes conducting thorough investigations and collecting police reports. It also includes obtaining medical records and interviewing witnesses.
Lawyers may also work with accident reconstruction professionals. They can help analyze the scene, providing valuable insights into liability. Additionally, they ensure that all medical documentation related to your injuries is collected. This greatly strengthens your case against the at-fault party.
Proving Fault in Motorcycle Accidents
Proving fault in motorcycle accidents is complicated, particularly without legal representation. California follows a pure comparative negligence system. This means injured individuals recover damages proportional to their degree of fault. For instance, if a person is 99% at fault for an accident, they can still recover 1% of their damages.
Establishing liability requires gathering evidence such as police reports and witness statements. This can prove challenging without a Los Angeles motorcycle accident lawyer. Additionally, societal biases against motorcyclists can affect how claims are perceived. Skilled attorneys know how to counteract these biases effectively.
Insurance Negotiations
Insurance companies often use tactics to minimize payouts or deny claims. A major challenge for victims is the risk of accepting these insufficient settlement offers. These initial offers are often much lower than what victims deserve. They may also not cover all medical expenses or lost wages. However, a skilled lawyer knows how to counter these strategies effectively and advocate on your behalf to secure fair settlements.
Call Our Reliable Motorcycle Accident Lawyer Today!
After experiencing a motorcycle accident, seeking help from experienced lawyers is important. Contacting Los Angeles motorcycle accident lawyers can significantly affect your case.
At Conlogue Law LLP, we will study your case carefully and work to ensure that you receive the compensation you truly deserve.
Our team has the knowledge and experience to manage complex legal issues in California, including negotiating with insurance companies. Let our Conlogue Law LLP attorneys be your invaluable allies in your recovery journey.
If you or someone you know has been involved in a motorcycle accident, contact us for a free consultation.
