Motorcycle Accidents

Los Angeles Motorcycle Accident Law Firm

Motorcycle Accident Frequently Asked Questions

Motorcyclists or their loved ones may have many questions after the accident. Often, questions include how to handle the legal side of the accident, such as how much compensation is available, who is entitled to compensation, and more. Though personalized advice can help with any decisions that need to be made, the answers below cover some of the most common questions motorcyclists may have.

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No, even though it is illegal, because riding without a helmet cannot cause a motorcycle accident. If you are claiming damages for a head injury, however, you might be denied compensation on the reasoning that you could have avoided the injury. A motorcycle lawyer can help you prove that your injury would have occurred even if you had been wearing a helmet.

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Will the accident be considered my fault if I was riding without a helmet?

No, even though it is illegal, because riding without a helmet cannot cause a motorcycle accident. If you are claiming damages for a head injury, however, you might be denied compensation on the reasoning that you could have avoided the injury. A motorcycle lawyer can help you prove that your injury would have occurred even if you had been wearing a helmet.

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Can the accident be ruled my fault because I was lane-splitting?

It is possible, although not certain. Even though lane-splitting is legal in California, the question would be whether lane-splitting was negligent under the particular circumstances of the accident. A motorcycle personal injury attorney can help you prove that the accident was the other party’s fault.

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How should I proceed I do if a motorcycle accident killed my loved one?

Fortunately, when a motorcycle accident victim dies of his injuries, his motorcycle accident claim doesn’t die with him. Under California’s wrongful death statute, a wrongful death claim can be filed by the personal representative of the victim’s probate estate, by close relatives and, in some cases, the victim’s heirs. A motorcycle accidents attorney can help you file a California wrongful death lawsuit.

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If I was hit by a drunk driver without insurance, can I file a claim against a bar that sold him alcohol that night?

Maybe, but probably not. Unlike most states, California’s “dram shop law” is very restrictive. Under this law, you can only file a claim against the bar if the driver who hit you was a minor (under 21). In extreme cases, however, criminal charges can be filed, which my result in restitution being paid to you. A motorcycle attorney can help you find alternative sources of compensation.

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If I was hit by a commercial driver (a pizza delivery driver, for example) can I file a claim against the driver’s employer?

Yes, you can, as long as:

• The driver was at fault for the accident;
• The driver was acting within the scope of his duties at the time of the accident; and
• The driver was an actual employee, rather than an independent contractor (many commercial truckers, for example, are independent contractors).

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Motorcycle accident attorneys like to rely on employer liability when the amount of the motorcycle accident claim exceeds the limits of the driver’s insurance policy.

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Should I Speak to the Other Side's Insurance Company?

In accidents involving two or more vehicles, the other driver’s insurance company will likely contact you with questions. It is not a good idea to speak with them at all, as they may use information obtained during the call to deny or minimize the compensation you could receive. Instead, it’s better to speak with a lawyer and let the lawyer handle all contact.

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Should I Accept a Settlement Offer After the Accident?

The insurance company aims to minimize the amount of money that’s paid out after an accident. Will the settlement be sufficient to cover all medical and other bills relating to the accident? This can be hard to tell, especially if there are injuries that require long-term care and recovery. It’s generally not a good idea to accept a settlement without a lawyer reviewing it first. If it’s received and the funds are not sufficient to cover expenses, you will have to cover the remainder on your own. It is extremely difficult to get more money after a settlement is accepted.

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What Compensation is Available?

There are two main types of compensation: quantifiable and non-quantifiable. Quantifiable damages include motorcycle repair or replacement costs, medical bills, and other damages that have a clear dollar amount attributed to them. Non-quantifiable damages are those that don’t have a clear amount, such as compensation for pain and suffering. The compensation available for each case is different, so it is good to speak with a lawyer and get more specific advice over what compensation is likely available.

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Can I Obtain Compensation as a Passenger?

Yes. Passengers on a motorcycle who are injured in an accident can request compensation from the at-fault party. The at-fault party may be the person on the motorcycle, the other vehicle’s driver involved in the accident, or another person or business.

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Who is Liable if the Accident was Caused by Poor Road Conditions?

If sufficient upkeep was not done to ensure the road is safe for travelers, the government might be responsible for any damages caused by the road. In cases where poor road conditions caused the accident, it’s necessary to work with a lawyer, as it can be difficult to obtain compensation for the accident from the government.

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How Long Do I have to File a Claim?

Injured parties typically have up to two years to file a claim for compensation after an accident. There are exceptions to this, though they are rare. However, it is a good idea to file as soon as possible to avoid running out of time. A lawyer can help explain how much time there is to file and help make sure the claim is filed before the statute of limitations runs out.

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How Do I File a Claim if I'm Not a Resident in the State?

Claims can be filed anywhere but living in a different state from where the accident occurred can become complicated, especially if the case goes to court. If you’re not a resident of the state, it’s a good idea to work with a lawyer in the state where the accident occurred. They can help minimize any travel needed for the case and provide more information on how to handle the claim from your home state.

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What Happens if I'm Blamed for the Accident?

When this happens, it is essential to be careful since you could be found at fault even though you did not cause the accident. Do not accept blame at the scene or say anything that could be interpreted as being at fault for the accident. After leaving the scene, contact a lawyer for assistance. They can review the situation and any evidence of the accident, including witness testimony, to help defend against the claim that you’re liable for the accident.

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What Happens if I'm Injured in a Hit and Run?

In a hit and run, the driver who took off is generally considered the liable party because they left the scene immediately, but it can be hard to sue them for compensation if you don’t know who they were. Your insurance company should cover any damages and injuries from the accident. If there were witnesses to the accident or other evidence, it may be possible to find the at-fault party. A lawyer can investigate the information you have available and help you navigate the claims process for a hit and run where the other party is unknown.

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What Happens if a Malfunction caused the accident?

As motorcycle accidents can lead to severe injuries, it’s important to take excellent care of it and make sure it’s ready before riding it anywhere. Still, malfunctions can occur due to issues with the parts when they were manufactured or when the manufacturer originally constructed the bike. If an accident happens because of a malfunction with the motorcycle, the manufacturer may be liable.

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These answers may cover some of the questions you have after a motorcycle accident. Every motorcycle accident is different, so it’s a good idea to get advice specific to your situation, especially if you’ve been seriously injured and require a significant amount of compensation or there are complications in your case, such as the accident being a hit and run. If you have more questions or would like help with your motorcycle accident claim, contact us today. We can review your case, give you specific answers pertaining to your situation, and help you receive compensation for the accident.

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Common Causes of Motorcycle Accidents

Due to the fact that motorcycle riders are so exposed, one collision with a car or truck could result in horribly tragic injuries or even death. It is critical that both bikers and car drivers abide by certain safety tips in order to help prevent future accidents. As a motorcycle driver, it is your responsibility to maintain your bike, abide by traffic laws, always wear your helmet, and never drive while under the influence of alcohol and/ or drugs. Other cars on the road should be aware of your presence on the road and also abide the law.

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If a negligent driver was the cause of your motorcycle accident, you deserve financial compensation for your suffering. In the same way, if any part of your bike gave out, the manufacturer may be held liable. Regardless of what your situation entails or how severe your injuries are, we possess the skills, experience, and knowledge needed to take on even the most complex cases as we specialize in motorcycle accident attorney law cases.

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Motorcycles are at a higher risk of severe injuries or death if an accident occurs, especially if the accident is at high speeds. Motorcyclists must be aware of their surroundings and pay attention carefully when riding, as an accident can happen out of nowhere. It’s not always possible to avoid being in an accident but being aware of some of the most common causes of motorcycle accidents can help riders protect themselves on the road.

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Drivers Not Seeing the Motorcycle

The most common excuse drivers have when they cause an accident with a motorcycle is that they didn’t see the motorcyclist. This may be due to various factors, such as the motorcyclist being too close to the vehicle or in a blind spot or the other driver simply not paying attention to what’s around them. Motorcyclists should avoid being in blind spots and pay attention to other drivers to react quickly if it appears another driver did not notice them.

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Distracted Driving

Drivers who are distracted may scoot forward at a red light, may turn without looking where they’re going, may stop suddenly, can swerve from lane to lane, or may do other things that can cause an accident. The most common reason for accidents to occur due to distracted driving is talking or texting while driving. If a driver is not paying attention while stopped or is driving erratically, it’s best to stay as far away as possible.

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Lane Changes

Changing lanes in a vehicle requires looking at what is ahead and what is in the next lane. Unfortunately, far too many drivers change lanes without looking, signaling, or noticing there’s a motorcycle next to them. Motorcyclists should avoid being in a driver’s blind spot if possible and watch out for those who look like they might switch lanes just in case a driver decides to move over without looking.

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Tailgating

Due to their size, motorcycles can stop fast. Unfortunately, many drivers who have not ridden a motorcycle before don’t realize how quickly a motorcycle can stop. If they’re following too close and a motorcyclist does an emergency stop, the driver may crash into the motorcyclist. It’s always better to pull over and let tailgating drivers by when possible than risk an accident at a sudden stop.

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Failing to Follow Driving Laws

It’s all too common for people to run red lights, drive through stop signs, make illegal U-turns, or fail to follow other driving laws. When they do, it puts everyone in danger, especially motorcyclists who can be more seriously injured in an accident. It’s not always possible to spot potential accidents but keeping an eye on other traffic can help motorcyclists avoid accidents from drivers who aren’t following driving laws.

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Driving While Impaired

Drivers who are under the influence of drugs or alcohol are at a considerable risk on the roads today, and they may be driving at any time, not just later at night. When driving while impaired, the driver may not stay in their lane, cross into opposing traffic, or be unable to stop quickly due to slower reflexes. Motorcyclists should be wary of drivers who look like they’re driving under the influence and stay as far away from the other driver as possible.

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Poor Road Conditions

While a pothole maybe just a bump to a driver in a larger vehicle, it can cause accidents for motorcyclists, especially if they’re deep. Poor road conditions do contribute to many motorcycle accidents each year. Since these issues can appear at any time, if poor conditions are noticed, it’s important to drive as slow as possible and look out for any dangerous spots on the road.

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Weather Conditions

Every motorcyclist has experienced unexpected weather while riding. It’s a good idea to avoid riding in adverse weather when possible. When it does occur, it’s important to be more cautious and keep a closer eye on everything that’s happening. Motorcyclists can be more difficult to see when there’s a significant amount of rain or snow, plus there’s a risk of larger vehicles skidding or being unable to stop due to the conditions.

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Objects in Road

It can be hard to see objects on the road until it is too late. This is another reason for motorcyclists to pay close attention to what’s around them. Smaller objects may not make a difference to run over, but they can fly up and hit the motorcyclist if the vehicle in front runs them over. Larger objects can cause the motorcyclist to crash, either because they aren’t seen in time due to traffic or while the motorcyclist swerves to avoid them.

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Manufacturer Defects

If the motorcycle suffers an issue while riding, an accident can easily occur. Manufacturer defects can cause accidents. Recall notices can occur if a defect occurs regularly and causes enough accidents or is too dangerous to ignore, so always pay attention if there is a recall notice. Otherwise, an inspection of the bike before riding can help reduce the chance something will break and cause an accident.

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Improper Maintenance

Improperly maintaining the motorcycle can lead to broken parts and, as a result, an accident. Motorcyclists should ensure the motorcycle is always in good condition before driving, keep up with regular maintenance tasks, and have it repaired if any issues are noticed. This can help make sure the motorcycle is ready to ride and won’t break down as easily. Motorcyclists can’t always avoid being in an accident, but a lot can be done to minimize the chance of one happening.

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Motorcyclists can’t always avoid being in an accident, but there is a lot that can be done to minimize the chance of one happening. If you’ve been in an accident because of one of the above reasons or for any other reason, contact us today. You may be entitled to compensation for your accident if it was caused by someone else’s negligence. We’ll review your case and let you know what the next steps are to get compensation for your injuries and any damages.

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