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Los Angeles County saw the highest number of motorcyclist fatalities of any California county every year from 2019 to 2023. On average, 115 motorcyclists will lose their lives to an accident in LA county each year, and countless more will be seriously injured.
One of the main drivers of this fact is how dangerous motorcycle collisions are when they happen. Bikers are very vulnerable to crashes because they aren’t secured by seat belts or protected by windows, doors, and windshields. Even when motorcycle accidents aren’t fatal, they often lead to long-term and sometimes permanent injuries.
Depending on what happened in your LA motorcycle crash, you could have the legal option of getting paid from a party that contributed to or caused the crash. In general, it’s best to talk to a motorcycle accident lawyer in Los Angeles about your specific accident to learn more about your options, but below, we’ll go over a few general things you’ll want to know about motorcycle claims in LA.
Common Causes of Motorcycle Accidents in Los Angeles
If you’re experiencing significant motorcycle accident injuries after a collision, then it’s important to identify what caused the crash. Who or what was at fault for the collision is pivotal in determining your legal options for recovery.
The most common causes of motorcycle accidents usually center around human error. When another person caused or contributed to your accident, they could be responsible for paying for some of your losses. Below, we’ll go over some of the most common culprits behind motorcycle crashes here in the city of Los Angeles.
Distracted Driving
Distracted driving is the number one cause of motorcycle collisions in Los Angeles. It’s a real challenge to keep your full focus on the road all of the time. Sometimes, our minds simply wander off and begin thinking about something else, but at other times, something catches our attention and we fail to take heed of the road ahead. When that happens, we’re much more likely to get involved in a crash.
Distractions can come in the form of a text message, an attempt at changing the radio station, a GPS, a passenger, eating or drinking while driving, smoking, talking on the phone, or even getting distracted by external events like a police officer pulling over another car.
If you believe the other driver was distracted, then it’s a good idea to contact a motorcycle crash lawyer in Los Angeles. If you secure the right evidence to prove that the other party was distracted, then you’ll be eligible to receive compensation.
Reckless and Aggressive Driving
Since traffic is commonplace in Los Angeles, it’s not unusual for drivers to get irritated and aggravated behind the wheel when they’re delayed by traffic. Unfortunately, some drivers resort to driving aggressively and recklessly in an attempt to move traffic faster. These types of driving behaviors can easily cause an accident, though, since it makes drivers less predictable. It also makes other motorists on the road more anxious. Reckless and aggressive driving behaviors include things like tailgating, speeding, failing to yield to traffic, not obeying traffic lights or signals, failure to use turn signals, cutting cars off, switching lanes rapidly, attempting to get other drivers to pull off to the side of the road, and intimidating other motorists.
All of these driving behaviors would amount to a fault in a motorcycle accident in Los Angeles.
Intoxicated Driving
Another common cause of motorcycle accidents is intoxicated driving. Intoxicated driving happens when a motorist is under the influence of alcohol, a controlled substance, or prescription medication. If intoxication played a role in your accident, then the fault will be attributed to the driver who was under the influence.
Weather, Poor Road Infrastructure, and Defective Parts
Less commonly, motorcycle collisions are caused by something other than the motorists on the road. Third parties can possibly be held liable for an accident. Sometimes, poor road infrastructure contributes to a crash. If traffic lights are broken or road signs are damaged, then the city could potentially be partially to blame for the incident. At other times, natural disasters or adverse weather events contribute to a collision.
Another common scenario happens when a defective part causes a motorcycle or car to fail and leads to an accident. Under these circumstances, the part manufacturer could be held responsible for the losses associated with the crash.
Step-by-Step Actions to Take After an Accident
Do you know what to do after a crash? If not, then it might be a good idea to get informed in the event you do experience an accident. Taking the right steps will maintain your legal rights throughout the process and ensure that your physical health is a priority. Here’s what to do:
1. Report the Crash to the Police
Since motorcycle accidents are very likely to result in property damage and injuries, it’s always best to report the collision to the police. Authorities will come out to the crash scene, issue medical care, start investigating what happened, and document what happened in an official accident report. If you do decide to file a claim later, then this police report will serve as valuable evidence to show what happened, who was involved, and what police discovered during the initial investigation.
2. Get Medical Care
Next, get the medical care you need. If your situation is an emergency, then emergency medical responders will help you at the accident scene. You might get transported to the hospital if necessary. If you don’t need that level of care, then it’s still a good idea to go to the hospital and get a timely checkup. This protects your legal rights. Delaying your medical treatment could leave you vulnerable to legal arguments from the other side saying you delayed your care and made your injuries worse or share liability for them.
3. Consider Your Losses
After your checkup, consider the costs of your medical care. If you have serious injuries, then your losses might not be limited to those initial medical costs. You could also suffer from lost wages, property damage to your bike, and future medical costs.
Consider all your losses to get an estimated value of your claim. If your losses are adding up, then you might want to consider your legal options for pursuing motorcycle accident compensation from another party. The long-term impacts of motorcycle accidents can be quite significant when your injuries are substantial.
4. Contact an Attorney
It might be necessary to hire motorcycle crash legal representation to help you recover from your losses. You’re free to negotiate with insurance companies on your own, but remember not to trust an insurance adjuster. A Los Angeles motorcycle injury attorney can help you navigate any negotiations as well as all the other aspects of your claim.
Key Laws Affecting Motorcycle Accidents in LA
California motorcycle laws state that negligent drivers have a legal obligation to pay for the losses associated with an accident they cause. The legal rights of motorcyclists in California allow them to pursue compensation in the form of lost wages, property damage, medical bills, emotional distress, and more.
Safety gear and motorcycle riding go hand in hand, but not every rider adheres to helmet laws in motorcycle accidents. The law states that all riders and passengers must wear a DOT-compliant helmet when riding a motorcycle. In lane splitting accidents, it’s important to remember that lane splitting is permissible in many cases.
Types of Injuries Common in Motorcycle Accidents
Bikers often get thrown from their motorcycles, which can lead to injuries like:
- traumatic brain injuries;
- broken bones;
- road rash;
- spinal cord injuries;
- paralysis;
- fractures;
- burns.
How Kermani LLP Can Help You Maximize Your Compensation
Throughout the motorcycle accident claims process, you’ll face significant challenges. The best motorcycle accident lawyer in Los Angeles, however, will be able to handle those issues one at a time utilizing their knowledge of the law and previous experience. Here at Kermani LLP, our lawyers will help you maximize your motorcycle accident insurance settlements by building up the strongest possible case before presenting it to the other party. We’ll work diligently to secure the right evidence and back up all your claims.
Our motorcycle accident law firm in Los Angeles is prepared to help you navigate your accident claim no matter how far along in the process you already are. We know what it takes to prove negligence in motorcycle crashes, and we’ll ensure that your case is resolved promptly.
Why Choose Kermani LLP?
Choosing the right motorcycle injury lawyer in Los Angeles takes some work and diligence. You’ll want to learn how to choose a lawyer, which includes vetting the attorney’s past history, experience, and client reviews. This is especially important in cases involving fatal motorcycle accidents, since your case will involve substantial losses.
At Kermani LLP, we believe in transparency and informed decisions, offering free initial consultations to discuss your options without any financial obligation. You pay us only if we win your case.
Since our firm was established in 2022, Kermani LLP’s team of legal experts has been securing justice for our clients. You should work with our Los Angeles motorcycle accident attorneys because we’ll harness all of our years of experience, knowledge, and expertise to get justice for you. We’re confident that we can handle the legal aspects of your motorcycle accident while you focus on what’s most important – your physical recovery.
If you’re ready to pursue compensation, schedule a call with our office to discuss your crash.
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Frequently Asked Questions
How does lane splitting affect my motorcycle accident claim?
It may surprise you to learn that lane splitting by motorcyclists in California is legal according to the California Highway Patrol. That said, it’s still not recommended that bikers use this maneuver at speeds exceeding 30 miles per hour. Motorcyclists are always expected to yield to traffic and remain as safe as possible, so they can commit lane splitting so long as it is safe.
Motorists are not permitted to retaliate against lane splitting by attempting to block, impede, or stop a biker from splitting lanes. Specifically, attempting to open a car door to purposely cause a biker to get hit is illegal.
Can I recover damages if I wasn’t wearing a helmet?
Yes. In Los Angeles, specific motorcycle helmet laws are in place that require all riders and passengers to wear a DOT-approved safety helmet. If you fail to do so and get into an accident, then your rights to file a claim could be impacted. You’ll still be able to collect damages, though. California courtrooms operate on a pure comparative negligence standard. That means you’re eligible to file a claim even if you’re 99% at fault for a crash. Your settlement award will likely get reduced based on your percentage of fault in the accident.
How do I prove negligence in a motorcycle accident?
To prove negligence in a motorcycle accident, you need to establish that the other party caused the crash through specific evidence. This evidence might include eyewitness testimony, dash cam footage, surveillance video, photographs of the accident scene, conclusions on a police report, and statements from investigators who analyzed the accident. Depending on what caused the crash, physical evidence can include things like proof that a part is defective or statements showing the other party was texting while driving.
What unique laws apply to motorcycle accidents in LA?
In Los Angeles, California, laws state that motorcycle riders have the same rights and responsibilities as other motorists. Motorcycle riders must get the proper insurance coverage and remain as vigilant as possible while on the road. Bikers must wear a DOT-compliant helmet, but they are permitted to split lanes when it’s safe to do so.
What should I do if the motorcyclist was at fault?
Since motorcyclists have the same legal duty of care as other vehicles, they can be held responsible for a crash when they were negligent drivers. Some of the most commonly reported driving behaviors by bikers include speeding, failure to adhere to traffic laws, reckless driving, attempting to perform tricks on the road, and driving while intoxicated.If you were involved in a crash that led to losses and you think the motorcyclist was at fault, then you should start to document what happened and your losses. If your losses are significant, then your next step should be to contact an attorney.
How can a lawyer help with my motorcycle accident claim?
A lawyer can help you with your motorcycle accident claim by ensuring you’re fully informed regarding your rights and options, helping you properly value your claim, assisting you with building up evidence, maximizing your settlement award, handling the negotiations, and assisting with upholding your rights every step of the way.
Most motorcycle claims are resolved outside of court, which means you’ll need to fully understand your situation and the extent of your losses. If you don’t, then you run the risk of not knowing what your claim is really worth and accepting a settlement that’s less than what you deserve.
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