If you ever get injured by somebody else’s negligence and intend to claim compensation, hiring a motorcycle accident attorney in California is probably the safest way to obtain the maximum compensation. A good lawyer can guide you through the whole claim process, explain everything that’s going on, and advise you on the best course of action.
Making informed decisions in a claim can lead to higher compensation rates, peace of mind, and a clear path forward after your accident. Broadway Law Firm is always there for its clients. We treat them like family, providing the most legal advice for each of our defendants. Call us at (866) 845-1350 to make a free consultation. You can also visit our main offices in Downtown Los Angeles, located at:
Reasons to Hire a Motorcycle Accident Attorney in California
You should get in touch with a lawyer as soon as you can following the motorcycle accident. The assistance your motorcycle accident attorney in California can provide is essential during that time.
Discovering Who Is to Blame for the Accident
Finding out who is to blame for a motorcycle accident can be surprisingly complicated.
Even in a scenario where the car hit you, the other side could argue that you are ultimately to blame for the accident. For instance, they could argue that you did a poor job of making yourself visible, which is why they crashed into you.
Experienced lawyers know exactly how to deal with those kinds of arguments. Partner up with a legal expert and count on them to poke holes in the defendant’s flimsy claims.
Working Out Appropriate Compensation
Winning the case is not the only goal when you file a personal injury lawsuit. Ensuring they properly compensate you for what happened is even more critical.
The hope is that you can avoid severe injuries after a crash, but that is not guaranteed. You may need that money to pay off your current and future medical expenses. You also deserve compensation for all the losses you have incurred because of the accident.
Your lawyer can handle all the calculations required to determine the appropriate compensation amount. They can use often-used calculation methods to calculate the general damages in your case. They can also use documents to prove how much compensation you deserve in the form of actual damages.
Rest assured that you can secure the proper compensation with your lawyer’s help.
Filing on Time
Recovering from your accident-related injuries is going to take time. You cannot rush through the recovery process and risk doing long-term damage to your body.
While you recover from your injuries, leave the matter of filing the case up to your motorcycle accident attorney. They can handle that task efficiently due to their previous dealings with the courts. Allow your lawyer to take care of the filing, and you will not need to worry about the two-year statute of limitations.
Getting back on your feet following a motorcycle accident will be difficult, but The Broadway Law Firm is here to help. Focus first on your recovery, and let us handle the legal matters. Contact us today to learn more about our services: (866) 845-1350.
What To Do Right After a Motorcycle Accident
Check Yourself and Others for Injuries
The most important thing after a crash is to see if you or anyone else is hurt. If someone has severe injuries or needs medical attention, call 911 right away. Even if your injuries seem minor, get checked out by a doctor as soon as possible. Some injuries might not show up immediately and could worsen if left untreated.
Report the Accident to the Police
Once everyone is okay, contact the police to file a report. The police will investigate the accident and create a report that can be helpful later on. When talking to the officer, give them a clear and detailed account of what happened, but don’t say you caused the accident or guess what caused it. Ask for a copy of the police report for your records.
Gather Evidence at the Scene
While you’re still at the accident site, collect as much evidence as possible to support your case. This could include:
Photos of the accident scene, your motorcycle, other vehicles involved, visible injuries, and relevant road conditions or traffic signs.
Contact information from any witnesses who saw the accident. Their statements could be very helpful.
The other driver’s name, contact information, driver’s license number, vehicle registration information, and insurance details.
Details like the location, date, and time of the accident, as well as the weather and lighting conditions at the time.
Your phone can be a big help for gathering evidence. You can use it to take pictures, record witness statements, and store contact information.
Talk to a Motorcycle Accident Attorney in California
If you’ve been hurt in a motorcycle accident, it’s a good idea to talk to a motorcycle accident attorney in California. An experienced lawyer can help you navigate the legal process, protect your rights, and fight for the compensation you deserve. They can also advise you on what to do next and answer any questions you have about your case.
Here are some reasons why consulting with a motorcycle accident lawyer is essential:
- Evaluate your case: A lawyer can assess your case and help you figure out the best course of action.
- Deal with insurance companies: Insurance companies often try to give you less money or deny claims altogether. A lawyer can negotiate with the insurance company to ensure you get the compensation you’re entitled to.
- Gather evidence: A skilled lawyer can help gather and preserve important evidence, such as medical records, witness testimony, and other documentation, to support your claim.
- File a lawsuit: If necessary, your lawyer can file a lawsuit on your behalf and represent you in court to get the compensation you deserve.
Focus on Your Physical and Emotional Recovery
A motorcycle accident can take a toll on you both physically and emotionally. It’s essential to prioritize your health and follow your doctor’s instructions for treatment and rehabilitation. This may include:
- Going to all your follow-up appointments and following your doctor’s treatment plan.
- Doing physical therapy or rehabilitation if your doctor recommends it.
- Taking any medications your doctor prescribes.
- Getting support from friends, family, or a therapist to help you cope with the emotional impact of the accident.
- Taking care of your physical and emotional health is important for your overall recovery. It also helps you document the extent of your injuries and how the accident has affected your life.
Keep Track of Everything Related to Your Recovery
Maintaining a detailed recovery process is essential for building a solid personal injury claim. Keep all relevant documents in a file, such as:
- Medical bills and receipts for any out-of-pocket expenses related to your treatment.
- Records of lost wages or missed work due to your injuries.
- A journal where you write down your daily pain levels, limitations, and how your injuries are affecting your life.
- Any communication with insurance companies or other parties involved in your claim.
Being organized and keeping good documentation will make it easier for your lawyer to present a strong case on your behalf.
Be Patient, and Don’t Settle Too Soon
The legal process after a motorcycle accident can take time and be complicated. It’s essential to be patient and trust your lawyer’s expertise as they work to get you the best possible.
Can I Sue After Suffering a Motorcycle Accident?
California law allows you to seek compensation for damages if you’re injured in a motorcycle accident caused by someone else’s negligence (carelessness). This means the other driver failed to act reasonably, which led to the accident.
A lawsuit is a formal legal process to hold the responsible driver accountable for your damages. These damages can include medical expenses, repairs to your motorcycle, lost income due to missed work, and compensation for your pain and suffering. Building a solid case often relies on evidence that proves the other driver’s fault in the accident.
How Much is a Motorcycle Accident Worth in California?
The amount of money awarded in a motorcycle accident case in California can vary depending on your injuries and whether you have a good lawyer. Also, if you are badly hurt, the payout could be much higher.
What Are the Steps of a Motorcycle Accident Lawsuit?
If your case goes to court (meaning you file a lawsuit), things become more involved. Here’s a breakdown of the lawsuit process, which can be complex, so it’s wise to have a skilled motorcycle accident attorney in California on your side.
- Starting the Lawsuit: This step begins with filing a complaint outlining your legal claims in court language. Once filed, it’s formally delivered to the responsible party, who has 30 days to respond in court. This response addresses the accusations made against them.
- Gathering Information (Discovery): Both sides now collect information about the accident and damages. This might involve:
- Sharing medical records and bills
- Taking depositions (recorded statements from you, the other driver, and witnesses)
- Undergoing a medical exam by a doctor chosen by the other party
- Sharing details regarding damages and who caused the accident
- Hiring and questioning experts to support your case on accident cause and damages
- Motions to the Court: Your lawyer may file motions during or after gathering information. These are formal requests to the court to address specific legal issues before trial. Either party can file motions, which can be intricate and time-consuming, potentially impacting your case significantly.
- Trial Date: After most of the information gathering and motion filing is done, a trial date is set, typically 12-18 months ahead, depending on the location of your lawsuit filing in California.
- Settlement Before Trial: Even after the lawsuit is filed, information gathering is complete, motions are addressed, and a trial date is set, most California judges will still push for a settlement. This often takes the form of a pre-trial settlement conference. Because trials are unpredictable, a settlement at this point can offer a more certain outcome.
- Going to Trial: If no settlement is reached, the case goes to trial. Here, you and your lawyer must prove the other party was responsible for the accident and that your injuries directly resulted from it. Trials can last days or weeks, depending on the case’s complexity and the number of witnesses and experts involved.
- Trial Decision: A jury or judge will decide if you’ve met your burden of proof (shown the other party’s fault) and determine how much compensation you deserve. While your lawyer will argue for a specific amount, the jury or judge can disregard the presented evidence and award a different amount. There’s no way to predict the exact outcome.
How to Establish Responsibility in This Type of Accidentes
Car and motorcycle accidents often involve proving someone else wasn’t careful enough. This carelessness, legally called negligence, can include speeding or not paying attention. The person who suffered harm (the victim) needs to show this lack of care caused the accident. Evidence like photos, videos, witness statements, and police reports can help prove this.
Motorcycle accidents can also be caused by poorly made parts or design flaws in the motorcycle itself. These defects can increase the risk of a crash. If a defect is found, figuring out who’s to blame can be tricky because both the rider and the manufacturer might be at fault. A thorough investigation, including witness interviews, police reports, and looking at recall lists, is needed to understand what happened. Experts may also need to examine the motorcycle itself.
What Happens if I wasn’t Wearing a Helmet when the Accident Happened?
While not wearing a helmet doesn’t automatically disqualify you from receiving compensation, it can affect the amount you receive. While the law doesn’t automatically assign blame for not wearing a helmet in an accident, it can be used by the other party to argue the rider was partially at fault. This can reduce any compensation awarded.
Also, not wearing a helmet simply increases the risk of severe injury. Even with a strong case, significant injuries could mean lower compensation due to medical expenses.
How Long Do I Have to File a Motorcycle Lawsuit?
California law imposes a deadline for filing a motorcycle accident lawsuit. In most personal injury cases, you have two years from the accident date to sue (California Code of Civil Procedure § 335.1), which is known as the statute of limitations.
While you might also pursue an insurance claim, filing a formal lawsuit is crucial to meet the legal deadline. Don’t be misled by insurance tactics – a pending claim doesn’t pause the statute of limitations.
To protect your rights, act quickly. Contact a Los Angeles motorcycle accident attorney as soon as possible after the accident to ensure you meet California’s deadlines and preserve valuable evidence.
How Long Does a Motorcycle Accident Settlement Take?
The time it takes to resolve a motorcycle accident claim in California can vary widely, ranging from several months to two years. Generally, more straightforward cases settle faster. For instance, if the other driver admits fault and your severe injuries, you might reach an agreement in just a few months. However, if the other driver denies causing the accident, we’ll need to gather evidence to prove their fault, which can lead to a lawsuit and a longer wait for a settlement.
That said, working closely with a skilled attorney to build a strong case can help expedite the process.
Common Causes of Motorcycle Accidents
To be as safe as possible while on the road, you must know about the common causes of motorcycle accidents. We have detailed them below, so please feel free to review them.
Blind Spots
One significant difference between riding a motorcycle and driving a passenger car is the need to be visible.
When you are driving a passenger car, you can be easily spotted. Cars take up much space on the road, and you can see them from multiple angles. You do not need to worry about driving into someone’s blind spot unless a truck is nearby. Motorcycle riders don’t have that luxury.
Riders who fail to make themselves visible to other vehicles nearby can get accidentally hit. When even a minor bump can cause you to fall over, you must always be mindful of your positioning on the road.
Turning Vehicles
You expect the other motorists with you to be always cautious and aware of their surroundings. It is a nice thought, but we all know careless drivers exist.
Motorcycle riders need to be especially aware of drivers coming around the corner. Some drivers speed through a turn without paying attention to what could be beside them. While moving forward, your motorcycle could get caught in the car’s turning motion.
Check for turn signals whenever you’re at an intersection. If you know the vehicle beside you is planning to turn, you should be more cautious about speeding up.
Lane Splitting
Lane splitting, the practice of riding between two lanes, is legal in California. Riders use it to avoid getting bogged down in traffic.
Although lane splitting is legal in the Golden State, that does not mean it is without risk. The unpredictable behavior of other drivers can again cause problems.
Some drivers crowd the middle of those lanes. If they do not see you, they could hit your motorcycle.
Falling over in a crowd of vehicles can be dangerous. That is why you must be careful whenever you split lanes.
Is Lane Splitting Legal in California?
California allows lane splitting, which means riding a motorcycle between lanes of stopped or slow-moving traffic in the same direction. Not only is this legal but other drivers are not allowed to block or make it difficult for the motorcyclist, such as by opening their doors.
Lane Switching
Motorcycle riders ride along the middle of two lanes to move ahead of traffic. Cars cannot do that. Instead of lane splitting, you will see some cars continuously switch from one lane to the next.
When done safely, switching lanes is not a problem. The real issue is when drivers swerve around carelessly without being mindful of the other motorists around them. If they do not see you before switching lanes, they could bump into your two-wheeler and cause you to tumble over.
Environmental Hazards
Lastly, environmental hazards can also pose a significant threat to motorcycles.
Environmental hazards such as wet roads and potholes are dangerous for all vehicles but can be especially threatening to motorcycles. Maintaining balance on two wheels is more complex than controlling a passenger vehicle. Awareness of all those environmental hazards is always essential when riding a bike.
Common Injuries from Motorcycle Accidents
Injuries from motorcycle accidents can vary wildly in terms of severity. Let’s go over some of the more common injuries people sustain from motorcycle accidents and discuss the impact they can leave behind.
Road Rash
Of the different injuries you may sustain from a motorcycle crash, road rash is probably the least problematic. Road rash is like a combination of a scratch and a burn. The rugged road will scratch your skin while all that friction makes the point of contact feel hot.
A typical example of road rash can be somewhat painful, but you will be fine for the most part. You may be left with a scar after the ordeal, though.
Deeper road rash needs more immediate treatment. To avoid an infection, you will need to get the wound cleaned properly.
Broken Bones
Vehicular accidents of any kind can lead to the people involved suffering from fractured bones. However, motorcycle riders are especially susceptible to them.
Your legs are susceptible to injury when you are on a motorcycle. If the motorbike tips over, your leg could get rolled up underneath it, or the motorcycle could fall on your leg directly.
Even your upper extremities are prone to fracturing. Your natural tendency to soften your fall using your arms could turn out badly. You could break bones in your arms and hands.
Traumatic Brain Injuries
When motorcycle riders crash, they may fall to the side or even over the handlebars. Either way, they cannot do much to brace themselves for impact. They may leave themselves exposed in ways that can lead to serious injury.
To be more specific, motorcycle riders can be susceptible to traumatic brain injuries. Traumatic brain injuries can have physical and cognitive effects on people. Protecting yourself against them is a must whenever you hop on your motorcycle.
Useful Links in Case of Suffering a Motorcycle Accident in California
- DMV
- California Highway Police Patrol
- Request Police Collision Report – CHP 190
- Triple A Roadside Assitance
- Emergency Care 24/7 Southern California
- Motorcycle Rentals in California
What Happens When Somebody Dies in a Motorcycle Accident?
Sudden loss in a motorcycle accident can be devastating. And the additional burden of navigating legalities after a loved one dies can be overwhelming. If you decide to start a wrongful death claim, Here’s what you might encounter:
- Official Investigation: Authorities will meticulously investigate the crash, gathering evidence and witness statements to pinpoint the cause.
- Autopsy Procedure: An autopsy, standard in such cases, will determine the exact cause of death, potentially offering further clues about the accident.
- Insurance Contact: The at-fault party’s insurance company might contact you. It’s best to direct them to your lawyer politely. Avoid discussing the accident in detail or giving recorded statements.
- Seeking Recompense for Your Loss: Our legal team can help you pursue a fair financial settlement. This compensation can cover funeral expenses, lost financial support your loved one provided, and other tangible costs. Wrongful death claims can also acknowledge the intangible losses suffered. While no sum can genuinely compensate for that, holding the responsible party accountable can bring a sense of justice and ease your family’s financial burdens.
How Much Does a Motorcycle Accident Attorney California Cost?
If you hire a motorcycle accident attorney from Broadway Law Firm, you won’t have to pay out of pocket for his or her legal services. Our legal fees are a percentage of the final agreement we reach for your claim. That percentage is agreed upon with you when hiring our services, and changes rarely occur. This modality, called ‘contingency basis,’ gives you peace of mind at the beginning of the claim process while you recover from your wounds.
A contingency basis also gives you peace of mind because its nature tells you that we will provide our 101% to obtain the maximum compensation, not only because you hired us but also because our fees depend on it. And you don’t have to pay us in the rare event of not winning any money for you.
Have a Free Consultation with a Motorcycle Accident Attorney in California
If you’re looking for the services of a motorcycle accident attorney in California, look no further and call Broadway Law Firm at (866) 845-1350. We offer free consultation and experienced service with lawyers who are emphatic and responsive with their defendants. We understand this is a difficult time for you on many levels of your life. Together, we can make the best out of this difficulty and obtain the maximum compensation you deserve by law.