An Overview of Motorcycle Accident Law in California

Riding a motorcycle is an exciting activity, particularly in California, where the weather is often warm. However, it also one of the most dangerous outdoor activities. Hundreds of motorcycle fatalities are reported annually, and some of these accidents leave cyclists with severe injuries.

Whenever these accidents occur, the motorcyclists and their loved ones are tragically affected. The motorcyclist might suffer minor or disabling injuries, and the family has to deal with the lost income, high medical expenses, and psychological difficulties.

Fortunately, if you believe you were injured because of someone’s negligence or recklessness, the law allows you to file a personal injury claim. It is in your best interest call an experienced motorcycle accident attorney in LA for consultation, support, and the legal guidance you need.

Determining fault in a motorcycle accident

Before you, the victim of a motorcycle accident can start the process of filling a personal injury claim and pursuing the monetary damages associated with the collision, it is essential to understand the role of fault in such a lawsuit. Note that California is an at-fault state or tort-liability state. That means the liability for the damages caused by the accident is dependent upon fault for the crash.

According to the rule of comparative advantage, your compensation awards can be lowered in proportion to your degree of fault for the accident. Thus, it is essential for you and your attorney to prove that the degree of fault of the accused (defendant) bigger than yours. These types of lawsuits are complicated, and you need the help of an attorney to get the compensation you deserve.

The lawyer can investigate the motorcycle accident and consult with the right experts when necessary to establish who was at fault and should be held responsible for the resultant damages. Most motorcycle accidents in California are caused by the mistakes or negligence on the part of the driver of the vehicle involved. Some of these mistakes include;

1. Failure to yield
2. Driving aggressively
3. Speeding
4. Illegally changing lanes
5. Driving while drunk
6. Tailgating
7. Driving when distracted

In rare cases, a third party like the institution responsible for road maintenance or the manufacturer or the motorcycle or vehicle, may be responsible for the crash. Regardless of your expertise in the personal injury law, you need a professional lawyer who can successfully analyze the details of your case, piece together the right pieces of evidence, and help you file a personal injury claim in time.

Establishing the value of your claim

Besides proving that the defendant was directly responsible for the crash, you must also present evidence of the extent of damages you suffered as a direct consequence of the accident. In most cases, the injuries sustained by the motorcyclist may be fatal, especially if he or she was not helmeted. The most common injuries include;

1. Scalp and facial injuries
2. Internal injuries
3. Neck and back injuries
4. Head and traumatic brain injuries
5. Spinal cord injuries
6. Loss of limb injuries
7. Bone fractures
8. Road burn or rash injuries
9. Soft tissue injuries.

These injuries are associated with the emotional anguish and physical pain. Besides, disability and impairment can prevent you from returning to your normal way of living, working and probably maintain healthy relationships. Both financial and nonfinancial losses associated with motorcycle accident might be higher than you need. A good attorney will help you to accurately value your claim and issue the right insurer with a demand letter for damages.

What to do immediately after the crash

Following the right steps in the aftermath of a motorcycle accident can enhance your chances of getting the right compensation amount you deserve. Here is what you should do.

1. Call the police (911) immediately
2. Seek medical attention as soon as possible
3. Exchange personal identification and insurance details with the vehicle driver
4. Gather the right evidence at the scene. Write down the names and contact details of the witnesses and take photographs or videos of the crash scene.
5. Report the crash to your insurer

Probably you suffered severe injuries, and you can’t move. If you are still conscious, call the police and contact a family member, a friend or a colleague to be with you. You can also request a witness or attorney (if he or she arrives in time) to help you document the accident scene.

This article does not necessarily reflect the opinions of the editors or management of EconoTimes.