It is no secret that those involved in a motorcycle accident have a high incidence of being injured. Motorcycles lack the standard auto constraints such as airbags and seatbelts, so people riders involved in even minor collisions can have catastrophic injuries. According to a sobering statistic from the National Highway Traffic Safety Administration (NHTSA), deaths due to motorcycle accidents in 2014 resulted with 27 times more frequency than other vehicle fatalities. If you or a loved one have been injured in a motorcycle accident, it is important that you call a personal injury lawyer right away to speak to a professional who specifically understands motorcycle accident laws in California. Here at Johnson Attorneys Group, we are experienced in handling motorcycle accident cases.
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If you were injured in a car crash that was due to another person’s negligence, California law allows the injured party to seek compensation. This compensation may include the following:
Includes hospital visits, emergency room treatment
In or out of the hospital
This is compensation for the physical and/or mental pain and suffering that resulted from the accident caused by another
If your car was damaged or destroyed, you may be entitled to partial or full value of the vehicle
If you are unable to work, you may be entitled to monetary compensation for the money you would have earned as well as projected future earnings
If you've suffered a serious injury in an accident due to the negligence of another individual, or if you've lost a loved one in an accident, Johnson Attorneys Group may be able to pursue a personal injury claim or wrongful death claim against that person. We are committed to protecting your rights in California and getting the best outcome.
Common accidents that lead to personal injury claims include motorcycle accidents, car accidents, dog bites, pedestrian accidents, wrongful death and slip and fall injuries. Our team of experienced legal advocates is committed to offering you a personalized approach to your case and needs so that you can receive the best resolution.
Proving liability for a motorcycle accident depends on whether the other party’s negligent actions were the cause of the crash. There must be evidence that demonstrates that the crash would not have occurred had the other driver not been present on the road. To prove negligence, four elements must have occurred:
In the U.S., California has the highest number of registered motorcycles, making it an excellent place for enthusiasts to find community. However, that also means the Golden State has its share of accidents.
While a motorcycle offers a unique and freeing experience for those who love the open road, it doesn’t provide the same protection as a car. As a result, the fatality rate for motorcyclists is 28 times that of vehicle passengers. It’s a sobering statistic, but you can keep yourself from becoming part of it by learning about the dangers posed by California roadways.
For motorcyclists, the number one most dangerous place is an intersection. Cars may run lights, make illegal turns or crowd riders out of impatience. There are also twice as many cars to keep track of, making it easier to miss vital warning signs.
Of course, some cross streets are more dangerous than others. Several factors impact how hazardous an intersection is:
The following are two of the most dangerous intersections for motorcyclists from a collision standpoint. Avoid them if you can.
Sierra Highway and Pearblossom Highway
Located in Palmdale, these cross streets have a high fatality record. Interestingly, the neighborhood also has one of the highest rates of car ownership in the country.
Residents of this neighborhood are also likely to commute to work by car. Perhaps the high number of vehicles and drivers contributes to the likelihood of a collision.
Lakewood Boulevard and Firestone Boulevard
Fortunately, this Downey intersection doesn’t have as many fatalities; however, it does have the highest number of collisions. While the average has trended down over the years, it has exceeded the state average several times:
According to the data, light conditions may play a role in the frequency of accidents at these cross streets. However, driving under the influence is also significant, and research indicates that it’s a top contributor to motorcycle accidents.
What If I Wasn’t Wearing a Helmet During My Motorcycle Accident?
You may be compensated for:
To operate a motorcycle in California, you must have a motorcycle permit. To operate any two-wheeled motorcycle, you’ll need a Class M1 license.
All motorcyclists in California are required to have liability insurance coverage, but in addition to this basic coverage, it’s wise to obtain additional forms of coverage. Below are the types of motorcycle insurance available in California: Liability insurance Comprehensive and collision coverage
Motorcycle insurance is required in California. The state mandates that you purchase a minimum amount of liability insurance for your motorcycle. The minimum levels of liability insurance coverage include:
Yes, California law requires motorcycle drivers and passengers to wear a helmet at all times while operating a motorcycle in the state. A driver wearing a helmet may still be ticketed if his or her passenger is not wearing a helmet. To comply with federal laws, helmets must have:
While face and eye protection are recommended, they are not mandatory.
No, motorcyclists are not required to wear protective clothing under California law. However, the proper clothing can protect you from injury in the event of an accident. Examples of protective clothing, include:
While riding your motorcycle along the Pacific Coast Highway or up and down the rolling hills of San Francisco is usually an enjoyable experience, each trip in California carries the risk of being involved in a crash. However, knowing what steps to take after an accident can reduce feelings of fear and anxiety, allowing you to remain calm until help arrives.
Directly after an accident, try to assess whether you have any serious injuries. Some types of trauma tend to share commonalities among motorcycle riders, including:
Try to move to a safe area after the crash if possible, but leave your bike where it came to rest so law enforcement and insurance adjusters can examine its location in relation to how the accident happened.
Once it is safe to do so, gather your driver’s license and insurance information for the authorities. Many insurance companies now offer smartphone apps that allow you to access your policy number, your coverage, emergency towing assistance and information about your motorcycle. You can even start a claim using this type of app, but you may want to wait for the police to arrive before you take this step.
You can help your insurance provider by gathering as much evidence as you can about the crash on your own. Avoid entering areas of heavy traffic if possible and gather evidence in several ways, including:
While asking witnesses about what they saw may assist you in the near future, avoid discussing details of the accident that may inadvertently cause you to admit fault, even if your behavior might have contributed to the wreck.
Experiencing a motorcycle accident in California is usually a stressful event, especially when it results in injury and property damage. Knowing how to proceed in the aftermath can protect you and your interests in the following months and avoid any actions that may count against you.
After an accident, insurance companies don’t waste any time trying to contact you. It is important to understand that carriers consider their interests, even though they may sound empathetic to your situation. The desire to wrap up a settlement claim can leave accident victims without the means to get proper medical care or adequate compensation for losses suffered. You need to talk with an attorney before discussing a settlement with an insurer. JAG is ready to consult with you about your accident and let you know if you have a pursuable case for damages.
While it is tempting to take a quick settlement, most initial offers are too low. Attorneys understand how insurance companies work and will protect your rights to fair compensation. The seriousness of your harm is a critical factor. If you have debilitating or permanent injuries, your damages could be substantial. If you cannot return to work or engage in previous life activities as you once did, future losses need to be considered when calculating a damage recovery. These are the types of damages in a personal injury claim:
JAG will assess the elements of your claim to determine what damages apply based on the circumstances.
The stakes are high if you try to deal directly with an insurance company. If you say the wrong thing, insurance representatives won’t hesitate to use your words against you. You may lose your chance to receive compensation. Don’t take an unnecessary risk by going it alone. Despite an insurance company’s actions, you are under no pressure to settle. Consulting with a personal injury attorney could bring the resolution you need. You have greater peace of mind knowing that your claim is handled personally and capably by a firm you can trust.
If you or someone you love has been involved in a motorcycle accident, do not hesitate to contact one of our California motorcycle accident lawyers. Someone from our office specifically competent in California motorcycle law is ready and able to review the details of your case for you to see if we can help. Our goal is to allow you to focus on recovery while we fight for what was lost. We have won thousands of cases and have the necessary resources to help you reach the highest recovery possible. Call today!
It is extremely important to contact a qualified and experienced attorney at the earliest possible time in order to preserve your rights to compensation. Our California motorcycle accident lawyers have recovered more than $98.4 million for our clients over the past several years alone.
