Are You Looking for a Los Angeles Motorcycle Accident Attorney?
If you’ve ever looked at Los Angeles motorcycle accident statistics, you’d be hard-pressed not to anticipate a devastating disaster when you see a brand-new motorcycle. According to the California Office of Traffic Safety’s most recent report, the number of motorcycle accident fatalities rose from 5,083 in 2018 to 5,579 in 2020.
Although the number of fatal motorcycle accidents has increased slightly, bikers in California still face substantial risks, especially in Los Angeles and Orange County, where traffic is at an all-time high, and there are so many roads.
Bikers and cyclists have very minimal protection when colliding with a motor vehicle (whose driver is secured by seatbelts and a massive metal cage constructed for impact) even while following all state safety protocols, such as wearing helmets, pants, protective gloves, boots, and jackets. In addition to these dangers, common road hazards such as ice, potholes, cracks, or slick roads put motorcyclists at a far higher risk than drivers.
Motorcycle accidents can result in serious – even fatal – injuries. Broken bones, bruises, and scrapes are common, as are the spinal cord and severe brain injuries. Motorcycle riders might be paralyzed, suffer from amputees, or experience other lasting disabilities as a result of motorcycle accidents.
While hospital fees for a single injury might put a biker’s family in financial distress, individuals who are permanently disabled in motorcycle crashes often face a lifetime of medical bills and an inability to work.
Our motorcycle accident lawyer team and partner firms at CALC fight for innocent riders who have been injured or harmed by negligent drivers. We have a proven track record of getting insurance companies to pay out the maximum amount of money to motorcycle accident victims.
What Can Motorcycle Accident Lawyers in Los Angeles Do for You?
After a major motorcycle accident, do not let an insurance company persuade you to accept a low offer settlement offer. Too often, an insurance company avoids liability by pressuring clients to settle for less than their cases are worth.
Rather, contact a Los Angeles automobile accident lawyer who specializes in motorcycle accident cases to analyze your lawsuit and determine its worth. Our team of attorneys at Ehline Law Firm can calculate an accurate estimate and then negotiate on your behalf with that value in mind. If the insurance company refuses to offer a reasonable settlement, we can take your motorcycle accident case to court in Los Angeles for free.
Motorcycle Accidents in California: What Causes Them?
One of the first stages toward obtaining financial compensation in California is determining the cause of your motorcycle accident. California is a fault vehicle insurance state, which means the at-fault party is legally responsible for your damages. Your medical bills, lost income, motorcycle repairs or replacement, non-economic damages, and other expenses may be covered by the party who caused your accident. Furthermore, your motorcycle accident injuries could be caused by one or more persons such as:
- A driver. If a careless or distracted driver collided with your motorcycle, his or her insurance company may be responsible for your losses. A driver can cause an accident by texting and driving or engaging in other forms of distraction, driving while intoxicated, speeding, violating traffic laws, or failing to yield to a motorcyclist.
- A roadway. Even tiny road imperfections can cause motorcycles to crash. If your motorcycle accident was caused by a pothole, loose stones, rubble, storm debris, a hazardous construction site, grass clippings, or any road flaw, you may have a claim against the City of Los Angeles for failing to properly maintain its roadways.
- A component of a vehicle. If your motorcycle had a tire blowout, brake failure, electrical problems, or another form of auto fault that caused your accident, you may be entitled to financial compensation from the motorcycle manufacturer under product liability laws.
Tort claims are the most common type of motorcycle accident lawsuit. A tort claim tries to hold the party who caused the victim’s damages responsible for their negligence or wrongdoing (a tort).
In order to recover compensation under tort laws, your Los Angeles motorcycle accident lawyer will need to prove that the defendant caused your accident. Starting with assessing blame, a knowledgeable Los Angeles motorcycle accident attorney at Ehline Law Firm may be able to assist you in proving your case.
How California Law Hurts Bikers
California is one of the few states that permits lane splitting, a risky activity in which motorcyclists drive on the lane divider (the double yellow or white line) among moving or stopped vehicles. This tactic is popular among bikers because it lets them move faster through stopped or slow traffic, yet it has resulted in at least three deaths over the last year.
Drivers may not always know to look for a lane-splitting biker and they may accelerate up when traffic begins to clear without looking for someone alongside them or allowing them to return to the lane.
Motorcycle Accident Injuries
Motorcycle accidents often result in serious injuries. Since a biker has little protection, contact with the road and/or another vehicle can result in a variety of serious injuries. According to the National Highway Traffic Safety Administration, a biker is 28 times more likely than a passenger car occupant to die in an accident. Motorcyclists are likewise at a higher risk of serious injury.
Ehline Law Firm, a Los Angeles motorcycle accident legal firm accepts clients with a variety of personal injuries, including:
- Broken bones
- Skull fractures
- Traumatic brain injury
- Spinal cord injury
- Lower extremity injuries
- Internal injuries
- Road rash
- Scarring and disfigurement.
Serious motorcycle accidents often result in catastrophic and lasting injuries. Crash survivors typically have to live with the results of their accidents for the rest of their lives. Brain damage, paralysis, and bodily scarring are all common motorcycle accident injuries.
A motorcycle rider’s mental and psychological well-being may also be harmed as a result of the collision. Working with a Los Angeles motorcycle accident lawyer can help you gain the most money possible for your motorbike injuries, including both tangible and intangible damages.
Motorcycle Accident Claims in California and the Helmet Law
In a motorcycle accident, wearing a helmet can substantially minimize your chances of suffering a major head or brain injury. A national helmet law exists in California. Every motorcyclist and motorcycle passenger is required to wear a helmet when riding under this law. Regarding safety, the helmet must be certified by the federal government and must fit tightly on the wearer’s head.
Failing to wear a motorcycle helmet in California can result in a traffic citation and a fine. Failure to wear a helmet could also be used as evidence against you by the defendant in a car accident case.
Since not wearing a helmet is against the law in California, the defendant can use this as a justification to shift some of the blame for your motorbike injuries to you. However, for this argument to work, your injuries must be linked to your failure to wear a helmet. To qualify, the catastrophic injury must primarily affect the head, brain, face, or neck.
A defendant’s defense will rarely be based on your illegal failure to wear a helmet because of a bodily injury. The defendant must present adequate proof of this, such as medical or safety expert testimony, to establish that your absence of a helmet led to your injuries.
If you were not wearing a helmet during your Los Angeles motorcycle accident, don’t assume you don’t have a case. California has a pure comparative negligence law, which means that even if a plaintiff is partially to blame for an injury, they can still recover damages.
Rather than preventing recovery if you are somewhat responsible for your injuries, the courts will lower your judgment award by the amount you contributed to your injuries.
If, for example, not wearing a helmet deemed you 20 percent responsible for your brain injury, you would be awarded a 20 percent lower verdict. During your motorcycle accident lawsuit, an experienced motorcycle accident lawyer at Ehline Law Firm can assist you in combating the helmet defense.
Determining Fault in Los Angeles Motorcycle Accidents
Multiple people can be held liable for an accident under California law. We work closely with witnesses, law enforcement, and specialists at CALC to discover who is at fault in your motorcycle accident case.
Your attorney will assess who is more at fault in circumstances when the motorcyclist and the driver are both at blame – being partially responsible for the incident does not absolve a victim of their right to seek compensation. It simply implies they may be paid less than they otherwise would.
California is a state that strictly applies the doctrine of comparative negligence. The courts will allocate a percentage of fault to each side depending on the circumstances in cases where both the plaintiff and the defendant share fault for the accident.
A plaintiff’s compensation award will next be reduced by his or her degree of fault, if any. As an example, if the courts find the motorcyclist 25% culpable for the incident, he or she will receive $75,000 out of a $100,000 award.
If more than one defendant is to blame for your motorcycle accident, California law allows each defendant to be held jointly and severally accountable for your economic losses. This means that they could all be forced to pay the full sum of your losses.
However, each defendant may be jointly and severally accountable for your noneconomic damages, which means they are only responsible for their respective percentages of fault. Our motorcycle accident attorneys can help determine who is to blame for your accident.
If a Motorcycle Accident Occurs When Lane Splitting, Who Is Responsible?
Lane splitting is when a motorcycle rider travels between two lanes of traffic moving in the same direction. Essentially, lane splitting has been found in studies to save time, reduce traffic congestion, and help minimize incidents like rear-end motorcycle crashes. However, many individuals consider that lane splitting is unsafe for both motorcycle and other drivers.
It’s a contentious issue among bikers, motorists, lawmakers, and safety groups. The state of California was the first to legalize motorcyclist lane splitting. However, if a motorcyclist in a California lane splits recklessly, he or she may be held accountable for any accidents that occur.
In lane-splitting accidents, California’s comparative negligence legislation may come into play. If the defendant has evidence that you were lane splitting at an excessively fast speed or otherwise acting recklessly, your compensation award may be lowered.
However, if you were within your legal rights under California’s lane-splitting law, doing so would almost certainly not reduce your financial compensation. Essentially, for a motorcycle accident claim, including an aspect such as lane splitting, you should contact a professional motorcycle accident lawyer in Los Angeles.
What Is the California Motorcycle Accident Statute of Limitations?
To ensure that you satisfy California’s deadline or statute of limitations, file your motorcycle accident claim as soon as possible. All plaintiffs with personal injury claims in California must file their lawsuits in civil court within two years of the date of the incident or discovery of the injury.
With a few exceptions, a plaintiff’s right to compensation in California is normally barred if he or she fails to file a lawsuit for an injury or wrongful death within two years. If you want to make sure you reach your state’s deadline, don’t wait more than two years.
While vital evidence and information are still available, contact a Los Angeles motorcycle accident attorney at Ehline Law Firm as soon as possible following a motorcycle accident.
Compensation Available After a Los Angeles Motorcycle Accident
Every day, distracted and careless drivers cause life-altering motorcycle collisions. You have rights if you or a loved one have been injured in a motorcycle crash in Los Angeles. Additionally, you might be able to sue the at-fault motorist, a motorbike manufacturer, the City of Los Angeles, and/or another party for compensation.
You may be able to collect the compensation you require with the assistance of one of our motorcycle accident attorneys. A settlement or jury verdict may be able to compensate you for a variety of losses.
- Medical Expenses. This includes past and future medical expenses, such as surgeries, doctor’s visits, travel fees, rehabilitation, and prescription drugs.
- Repairs to the Property. The overall cost of repairing your damaged motorcycle or replacing a destroyed motorcycle is based on the vehicle’s pre-crash worth.
- Lost Wages. Most of (or all) of your lost wages as a result of having to take time off work for serious injuries and/or recovery, as well as any future earnings lost due to a disability.
- Economic and Non-economic Damages. A monetary award to compensate you for your intangible suffering, grief, sorrow, and trauma.
- Punitive Damages. Additional punitive damages may be awarded to you as a way of punishing the at-fault party for their wrongdoings.
The overall amount of compensation you may be entitled to following a motorcycle crash is determined by the facts surrounding your accident and losses. During a free consultation with Ehline Law Firm, you can get an accurate estimate of the worth of your claim. We will examine your case, assist you in calculating your losses, and give you advice on how we believe you should proceed.
Support Your Personal Injury Claim with Evidence and Documents
Motorcycle accident victims will need to keep track of the evidence and documentation they need to show their losses. Medical bills, documents, repair estimates, images of the accident scene and damage, witness statements, the accident report, and proof of missed work and lost income should all be kept.
The more paperwork you have to back up your claim, the more probable it is that it will be approved. Your accident injury attorney will gather evidence and develop a case for you, demonstrating that negligence caused your accident and that your motorcycle injuries were a direct result of that accident.
You don’t have to suffer alone if you were injured in a motorcycle accident. We will represent you with compassion and care while ensuring that you receive the medical treatment you deserve to recover from your injuries. After a California bike accident, call us today to speak with our caring, empathetic motorcycle accident lawyers who will look out for your best interests.
What to Do If You’ve Been Involved in a Motorcycle Accident in Los Angeles
After a motorbike accident in Los Angeles, the steps you take or do not take can impact the outcome of your motorcycle accident claim. To protect your right to recovery, you must take specific steps.
You or your Los Angeles motorcycle accident attorney will need to gather evidence, determine who is at fault, and file your motorcycle accident injury claim by the deadline in California.
Below are the steps to follow if you find yourself in a motorcycle accident and don’t know what to do:
- Get to a safe location. Remain at the accident scene, or as close to it as possible, if it is safe to do so. Examine yourself and others who were involved in the accident for injuries.
- Move your damaged motorcycle. To avoid further collisions, pull your crashed motorcycle off the road if possible.
- Make a 911 call. Any motorcycle collision in California that results in injuries, property damage exceeding $1,000, or motorcycle fatalities should be reported to the police. If needed, call an ambulance.
- Exchange information. Obtain the personal details of the other driver, as well as the name of his or her insurance company. Do not accept responsibility for the motorcycle accident.
- Take pictures. Take photos of the smashed motorcycle, the accident scene, and any other noteworthy details.
- Make your way to the hospital. When the cops have given you permission to leave, go straight to a doctor or hospital. Insurance companies value prompt injury treatment. It can also aid in your recovery. Even if you don’t think you’ve been hurt, see a doctor.
- Notify an insurance company about the collision. Call the insurance company of the person you feel is responsible for the motorbike accident. Make a report as soon as possible – ideally within 24 hours of the accident.
- Observe your doctor’s instructions. An insurance company will examine your treatment plan to see if you adhered to it. If you don’t, it could use this as proof that you made your injuries worse.
- Contact a personal injury attorney. Consult a lawyer about your situation before interacting with a motorcycle accident claims adjuster. Ehline Law Firm, a Los Angeles motorcycle accident firm, can help you understand your legal options.
Contact an Attorney If You or a Loved One Are in a Motorcycle Crash in Los Angeles
If you or a loved one has been injured in a motorbike accident, contact Ehline Law Firm at (833) LETS-SUE as soon as possible before signing any documents or agreements. Our skilled team of aggressive motorcycle accident lawyers will examine your case and fight to protect your rights.