
Los Angeles Motorcycle Accident Lawyer
Our Motorcycle Accident Lawyers Will Take Care of Your Claim
Motorcycle riders in Los Angeles are more susceptible to serious bodily injuries than car accident victims because they do not have nearly as much protection, as an experienced motorcycle accident lawyer would know. As a result of being injured in a motorcycle accident, victims may have to deal with costly medical bills, loss of income, as well as emotional pain, physical pain, road rash, mental suffering, and PTSD. It goes without saying that recovery from a motorcycle accident is a long process. When you’ve suffered critical injuries in a motorcycle accident and are unsure of where to turn for help, reach out to experienced Los Angeles motorcycle accident lawyers at West Coast Trial Lawyers for help. If we are able to take on your case, we will work tirelessly to secure maximum compensation for your damages. Contact our 24/7 legal team today for a free consultation and learn more about what your case could be worth.Common Motorcycle Accident Injuries in Los Angeles
When you’ve been involved in a motorcycle accident in Los Angeles, a motorcycle accident attorney can tell you whether you have grounds for a claim. In fact, it is more common than you might think for motorcycle accident injury victims to believe their injuries are not severe enough to warrant a civil claim. On the contrary, the type of injury you are diagnosed with will not necessarily determine whether you are entitled to financial compensation. Instead, your motorcycle accident attorneys will analyze your damages in detail to determine their impact on your life. If your injuries have had a significant impact on your life financially, emotionally, or physically, you may have the right to financial compensation. That said, there are some types of injuries seen more frequently in Los Angeles motorcycle accident claims than others. These include:- Facial injuries
- Traumatic brain injuries
- Concussion
- Whiplash
- Road rash
- Broken and fractured bones
- Loss of limbs
- Spinal cord injuries
- Back injuries
- Head injuries
- Neck injuries
- Herniated discs
- Soft tissue injuries
- Lacerations
- Contusions
- Abrasions
- Sepsis
- Organ failure
- Third-degree burns
- Internal injuries
- Post-traumatic stress disorder (PTSD)
- Emotional injuries
- Depression and anxiety
Legal Insight on Motorcycle Accident Personal Injuries
Riding a motorcycle in Los Angeles can be more dangerous than in other cities due to population density and number of drivers on the road, including our own motorcycle accident lawyers.
What to Do After Your Motorcycle Accident
There are several important steps to take after a motorcycle accident in Los Angeles. Firstly, DO NOT admit fault, even if you think you were responsible for the accident. There are many factors at play that you might not know about. The driver, for example, could have been texting, intoxicated, or driving recklessly. Liability is best determined in a court of law with the guidance of experienced motorcycle accident lawyers. Secondly, call the police to file an official police report of the accident and begin documenting the motorcycle accident evidence. Gather as much information as you can about your motorcycle accident, including:- License plate numbers
- The driver’s license and insurance information
- Contact information for any available witnesses
- Year, make, and model for any vehicles involved in the accident
- Names and contact information for anyone involved in the accident
- Use your smartphone to take photos and videos of your injuries, property damage, and the accident scene
How Do Los Angeles Motorcycle Accidents Happen?
Motorcycle accidents are different from car accidents, but not always for the most obvious reasons. A motorcycle rider is at a heightened risk of injury and death. Fortunately, there are ways to minimize a motorcycle accident. However, there are a number of risk factors that may nevertheless place a motorcyclist at a greater danger of injury, including: Sex: Over 90% of all motorcycle fatalities involved males. Alcohol usage: More than a quarter of motorcyclist fatalities involved a rider with a blood alcohol concentration (BAC) above the legal limit of 0.08%.Motorcycle Helmet Laws in Los Angeles
Helmet use: According to California Vehicle Code Section 27803, motorcycle riders and their passengers must wear a helmet. A motorcycle rider and their passenger can both be ticketed for not wearing a helmet. Motorcycle helmet laws in Los Angeles, and the rest of the state of California, are more strict than in other states. Age: Throughout the last few decades, the death rate for motorcyclists aged 50 and older has steadily risen. More than 35 percent of motorcyclist deaths in 2016 involved riders who were 50 and over. There are many types of motorcycle accidents caused most commonly by the following:- Tailgating
- Loose gravel
- Hazardous weather
- Poor road conditions
- Motorcycle malfunction
- Cars pulling in front of a motorcycle rider
- Vehicles recklessly merging into a bicyclist's lane
- Collisions with a curb, street signs, or lampposts
What About Lane-Splitting?
Under California law, lane-splitting or lane-sharing is legal. When performed correctly, motorcyclists are not at an increased risk for crashing while lane-splitting. Motorcyclists who are going to blame split safely should:- Not exceed the speed limit by more than 15 mph
- Do not lane split when traffic is traveling at speeds of more than 50 mph
- Wear a motorcycle helmet and other safety gear
- Be aware of your surroundings and other motorists who may be attempting to switch lanes
Liability for Motorcycle Accidents in Los Angeles
A negligent party will usually be held liable for any injuries caused to a motorcycle rider. In order for an aggrieved motorcycle accident victim to recover damages, the victim's motorcycle accident lawyers will show that the driver was negligent. This includes proving that:- The driver owed the motorcyclist a duty of care
- The driver breached his or her duty of care through negligence
- The driver's negligent actions were the significant factor that caused the motorcyclist’s injuries
- Distracted driving
- Drowsy driving
- Driving while fatigued
- Speeding
- Following too closely
- Failure to stop
- Failure to yield to the right of way
- Driving under the influence of drugs or alcohol
- Making unsafely lane changes
- Motor vehicle parts designers
- Motor vehicle parts manufacturers
- Motor vehicle parts distributors
- Auto dealerships
- Safety inspectors
- Maintenance technicians
- The California Department of Transportation (Caltrans)
- Municipalities
- Other third parties
What Happens If You Share Fault for Your Los Angeles Motorcycle Accident
Many motorcycle accident victims hesitate to contact a lawyer because they believe sharing fault for their injuries means they are not entitled to financial compensation. However, this is not the case. Under California law, the state follows a pure comparative negligence system. Here, if you share fault for your motorcycle accident or any other type of injury incident, you can still recover compensation for your damages. However, your injury settlement will need to be reduced to reflect your portion of liability. Let’s look at an example: Bob was hit by a distracted driver. He was not wearing his motorcycle helmet at the time of the collision. For this reason, the judge found him 20% at fault for his injuries. The jury awarded Bob $100,000 for his damages. However, because Bob was 20% liable for his injuries, his $100,000 award was reduced by 20%, leaving him with a final motorcycle accident injury settlement of $80,000. Sharing fault for your motorcycle accident can have a considerable impact on the amount of compensation you can be awarded. Make sure you have a dedicated Los Angeles motorcycle accident attorney on your side who will ensure that liability is accurately evaluated in your case.Statute of Limitations for Motorcycle Accident Claims in Los Angeles
One of the biggest mistakes Los Angeles motorcycle accident victims make is failing to take action on their claims in a timely manner. Under California law, all personal injury claims, including motorcycle accidents in Los Angeles, must be filed before the statute of limitations expires. For the vast majority of motorcycle accident claims, this will be two years from the date of the accident. However, the date the statute of limitations expires in your case can vary considerably depending on when the accident occurred, when you were diagnosed with your injuries and other factors. If you do not file your motorcycle accident claim before the statute of limitations runs out, you will no longer have the opportunity to recover maximum compensation for your damages. Your motorcycle accident lawyer can handle this for you. For this reason, it may be in your best interests to get an experienced attorney on your side who will ensure that procedural issues like these do not have an adverse impact on your case.What Damages Can Your Los Angeles Motorcycle Accident Attorney Help You Recover?
After a motorcycle accident in Los Angeles, you have the right to be made whole. This means you should be compensated for every loss you endured caused by the motorcycle accident. To ensure every loss is taken into consideration, your attorney will separate your damages into two different categories. These include economic and non-economic damages. Economic damages are monetary in nature. Some of the more common types of economic damages awarded in motorcycle accident claims include:- Lost wages
- Diminished earning capacity
- Medical expenses and equipment fees
- Loss of household services
- Property damages
- Diminished quality of life
- Physical pain and suffering
- Emotional distress
- Scarring and disfigurement
- Inconvenience
- Reputational damage
- Loss of consortium
Can You Keep a Totaled Motorcycle?
If your motorcycle is totaled in a motorcycle accident, you have every right to keep it. Your insurance company will likely pay you the value of your totaled motorcycle, but you can buy it back for its salvaged value from the insurance company. A few reasons for wanting to buy a totaled motorcycle back from the insurance company can include:- Parts
- Sentimental Value
- Modifying parts
- Reconfiguring the totaled motorcycle for off-road use
- Recycling parts for other uses or projects
Los Angeles Motorcycle Accident FAQ
We understand how overwhelming the motorcycle accident claims process may be. In the hopes of helping you understand what to expect from a motorcycle accident lawyer and better prepare for what is to come, we have addressed some of the most frequently asked questions surrounding motorcycle accidents in Los Angeles. If you have additional questions that were not answered here, do not hesitate to contact our office to discuss your concerns in greater detail.Can I Sue After a Motorcycle Accident?
Yes. However, there will be limitations depending on whether or not you were insured. For the most part, the individual who was responsible for causing your motorcycle accident may be liable for your injuries. In order to recover damages you must file a personal injury claim with an experienced Los Angeles motorcycle accident injury attorney. If you were involved in a motorcycle accident, please talk with a motorcycle accident lawyer even before you talk to the other driver's insurance provider. Auto insurance companies are not on your side. They want to settle your claim for as little as possible and will pressure you into settling quickly. A motorcycle accident attorney with West Coast Trial Lawyers can deal with the insurance companies so that you can focus on your health and well-being.Can I Sue on Behalf of a Spouse Who Was Killed?
As the surviving spouse or registered domestic partner of someone who was killed after a motorcycle accident, you may be entitled to file a wrongful death claim to recover damages. Ask an experienced motorcycle accident lawyer. The family members who are entitled to file a wrongful death claim include:- The surviving spouse
- The decedent’s children
- The surviving domestic partner
- The decedent’s grandchildren, if the children are deceased
- Anyone entitled to the decedent’s property according to California intestate succession laws
- Burial costs
- Funeral costs
- Financial earnings the decedent would have earned had they survived
- Compensation for the loss of support and companionship the decedent would have provided
Can I Sue for Poorly Maintained Roads?
Poor road conditions can easily cause a rider to lose control and crash. Poor road conditions that may cause a motorcycle accident include:- Potholes
- Water leaks
- Loose gravel
- Raised asphalt
- Broken cement
- Uneven sidewalks
- Damaged road signs
- Damaged light posts
- Inspecting their property
- Maintaining their property
- Repairing potentially dangerous conditions
- Giving enough warning about any dangerous conditions
- The motorcycle rider was injured
- This property already had hazardous conditions when the accident occurred
- Hazardous conditions were the significant factor in causing a motorcycle rider harm
- These hazardous conditions created a reasonably foreseeable risk for the injury that was suffered
- The property where you were injured was owned/controlled by a city, county, or state government agency
- The city/county/state was aware of the hazardous conditions for enough time to take reasonable action to address it
Can I Sue on Behalf of a Spouse Who Was Killed?
Not all motorcycle accidents are caused by poor roads or a driver’s negligence. Some accidents may be caused by defective motorcycles or motorcycle parts or machinery. According to California products liability law, any businesses that designed, manufactured, or sold a defective motorcycle or motorcycle part can all be held liable for any injuries or property loss caused. In these types of cases, an injured motorcycle rider will not have to prove that the manufacturer or distributor was negligent. Strict liability after a motorcycle defect case can be imposed for:- Design defects
- Manufacturing defects
- Failing to warn a user of any defects
- The motorcycle rider used the motorcycle in a reasonable manner the motorcycle was defective when it left the defendant's possession
- The motorcycle rider was harmed or injured because of the product defect
- The defendant designed, made, distributed and/or sold the defective motorcycle
Will I Have to Go to Court?
It is difficult to determine whether your case will have to go to court. Speaking with a Los Angeles motorcycle accident lawyer would be a good first step. Many motorcycle accident victims are able to recover the compensation they need through an insurance settlement. However, many insurance companies are unable or unwilling to settle claims fairly. When the insurance company is not settling your claim to cover your needs in their entirety, bringing your case to court may be the best way to secure maximum compensation for your damages.Meet With a Motorcycle Accident Lawyer in Los Angeles
When your motorcycle accident injuries have had a devastating impact on your life, you should not be expected to handle the fallout. Make the liable party pay for their negligence when you contact an experienced Los Angeles motorcycle accident lawyer at West Coast Trial Lawyers. Our firm is proud to offer no-cost, risk-free consultations. Schedule yours when you complete our online contact form or give our office a call at 213-927-3700.Free Case Evaluation
