California is a popular destination for motorcycle riders due to its vast route network and sunny weather. However, because motorcycle riders have less protection than those in enclosed vehicles, riding increases the danger of harm or death. Particularly in Los Angeles, there are many motorcycle accidents.

Despite safety measures, many accidents still occur. In 2021, over 13,000 motorcycle crashes resulted in injury or death, according to data from the Statewide Integrated Traffic Records System (SWITRS) of the California Highway Patrol. Notably, over 22% of these collisions resulted in death.

Therefore, even though riding a motorcycle might be exciting, you should prioritize safety precautions to reduce hazards.

The Dangers of Motorcycle Riding

Motorcyclists are immediately exposed to the force of an impact, unlike passengers in cars, who are protected by airbags inside a metal frame. This susceptibility makes even slight accidents potentially fatal.

Moreover, bikers are frequently difficult for other drivers to spot. Due to their smaller size and lower profile, motorcycles are more difficult to see, particularly near junctions, which significantly raises the risk of an accident.

Furthermore, the degree of injuries received in a motorcycle accident is usually far higher than in an automobile accident. Riders are more vulnerable to catastrophic or lethal injuries when not wearing protection. Trauma to the brain, spinal cord damage, and broken bones are expected outcomes of motorbike crashes.

What are the Common Causes of Motorcycle Accidents?

Although riding a motorcycle is a unique experience, there is always a need to be aware of potential hazards due to the lack of built-in protection. The following are a few of the most common reasons for motorcycle accidents. Understanding these is important because it is the basis of your personal injury lawsuit against the responsible parties:

  • Impaired and distracted riding — Riding a motorbike when intoxicated or high on drugs or when distracted by music, phones, or other riders seriously impairs reaction time and raises the chance of an accident.
  • Lane changes and left turns — Because motorcyclists are smaller vehicles, cars frequently miss them when making these maneuvers, which can lead to catastrophic collisions.
  • Motorcycle defects — Although less often, mechanical concerns like tire problems or brake failure can sometimes result in accidents. Routine motorbike maintenance is essential.
  • Unfavorable weather — Rain, snow, fog, or strong winds can significantly reduce visibility and impair road conditions, increasing the risk of accidents. Riders should modify their riding technique or stay off the road in such weather.
  • Abrupt stops — Motorcyclists may not have enough time to respond when vehicles in front come to an abrupt stop, which could result in rear-end collisions or force them to make uncontrollable movements.
  • Dooring accidents — Motorcyclists could swerve or crash into parked cars when doors suddenly open due to a driver or passenger's distraction.
  • Speeding and careless behavior — Riding at high speed or executing forceful turns drastically slows down a rider's response time and control, increasing the risk of an accident.
  • Road hazards — Potholes, uneven pavement, gravel, and debris can cause motorcyclists to skid or lose control, which is extremely dangerous.

What to Do After Being Involved in an Accident

Getting emergency medical assistance should be the priority after a motorcycle collision. Nonetheless, the chaotic nature of these circumstances occasionally impedes prompt communication with emergency service providers.

If you are conscious and can speak, try getting onlookers' attention. Raise your hands, make a distress call, or urge someone at the scene to call 911. Bystanders can be crucial in getting you the medical assistance you need, so every second counts.

If it is safe to do so and you have access to your phone, use it to call emergency services directly. Most modern phones come integrated with emergency features that enable you to place calls even if your phone is locked or you have forgotten the emergency number.

If you can, move yourself or ask for help to get to a safe area away from the road and traffic. This step is essential for minimizing the risk of further injury from passing vehicles. Remember, your safety comes first. Only attempt to move if you can without worsening any injuries.

How California’s Comparative Negligence Law Affects You

You should talk to a personal injury lawyer following a motorcycle accident in California, especially if there were injuries. The comparative negligence system in place in California assigns blame to each individual involved, which could have an impact on your compensation. Navigating this complicated legal landscape with an attorney can be quite helpful.

The impact of comparative fault on your case can be substantial. Unlike other jurisdictions, California assigns a percentage of fault to all parties involved in an accident, which can immediately affect your potential compensation. A knowledgeable lawyer can carefully examine the accident's facts and seek to reduce the amount of blame placed on you.

Under the pure comparative negligence system, your compensation reflects your portion of the blame. The court will review the accident report to ascertain who is at fault and to what extent. If a driver blatantly ignores a traffic signal and crashes into your motorcycle, your blame will likely be minimal. However, if you were speeding or driving recklessly, expect a significant portion of the blame.

Depending on your allocated fault proportion, your whole payout, which includes lost wages, medical expenses, and pain and suffering, will be reduced. For example, if the jury awards you $100,000 in damages, and you are assessed as 20% at fault, you will receive $80,000 ($100,000 - $20,000).

After an accident, insurance firms will attempt to get you to settle for less than you deserve. A motorcycle accident lawyer with experience managing cases can fight for you. He/she will compensate you for your medical costs, lost wages, and pain and suffering.

Building a strong case requires a solid foundation of evidence. Some of the evidence your attorney will present includes police reports, witness accounts, and medical records. An attorney can help you collect and present this evidence efficiently to improve your case and increase your chances of success. Having an attorney on your side greatly increases your chances of obtaining full compensation, even if there are no guarantees in legal situations.

Motorcycle Accident Laws You Should Know

California maintains a strict set of laws for the safety of motorcyclists and their passengers. By breaking these rules, a defendant in an accident lawsuit can claim comparative negligence, which could reduce their financial obligation. Among these statutes are the following:

  1. Helmet Law

Vehicle Code Section 27803 requires motorcyclists and their passengers to wear helmets. This regulation applies to anyone driving or riding a motorbike, motor-driven cycle, or powered bicycle on the road.

As a rider, you must wear a Department of Transportation (DOT) compliant helmet. This requirement extends to any passengers you may have. All helmets must be securely fastened to ensure maximum protection in an accident.

The California Highway Patrol enforces this law, and offenders could be subject to fines.

The emphasis on helmets with DOT approval underscores the state's commitment to public safety. These helmets must pass stringent testing to comply with regulations intended to lower the risk of brain injuries in collisions. It is much more likely that you will survive a motorcycle accident with little to no brain damage if you are wearing a helmet that has received DOT approval.

Although it cannot ensure total safety, wearing a helmet reduces the chance of a catastrophic head injury.

  1. Lane Splitting Law

Vehicle Code 21658.1 forbids lane splitting in traffic moving freely or at high speeds. Lane splitting is only allowed when traffic is slow-moving and congested, with speeds not exceeding 30 mph.

Exceptional speed and movement restrictions are in place under these circumstances. A rider’s speed cannot exceed the surrounding traffic by more than ten mph. Further, weaving between lanes or making excessive lateral movements violates this statute.

Lane splitting at extremely slow speeds or in halted traffic is strongly discouraged due to safety concerns, even though there is no minimum speed requirement. Always put other people's and your safety first. If something feels off, choose to stay in one of the lanes.

  1. Licensing and Endorsements

A driver's license is not sufficient to ride a motorcycle legally. Operating a motorcycle demands a different set of skills than operating a car. California requires a separate motorcycle license with the relevant endorsement to ensure you have the required knowledge and skills.

This endorsement is not just a formality. The purpose of this regulatory obligation is to increase road safety. You must pass a written knowledge test covering regulations unique to motorcycles, safe riding techniques, and hazard awareness to earn it. Furthermore, you must show that you have the necessary practical skills by passing a skills exam or finishing a California Motorcyclist Safety Program (CMSP) course.

Riding without the proper endorsement is risky. It also violates Vehicle Code Title 12, Division 6, Chapter 1, Article 2. The law prohibits riding without a valid Class M1 or M2 license. Violating this law can result in fines, citations, and potentially the repossession of a motorcycle.

  1. Insurance Coverage

Vehicle Code Section 16056 outlines the financial responsibility obligations that you must follow. This entails being prepared to cover any financial obligations resulting from accidents you may cause.

To satisfy this requirement, you must continue to carry minimal insurance coverage. This coverage, or 15/30/5 coverage, sets minimum security standards.

  • $15,000 bodily injury liability coverage per person — This provides up to $15,000 for medical costs and other losses for people hurt if you cause the accident.
  • $30,000 maximum bodily injury liability coverage — This offers bodily injury coverage up to $30,000 to all parties engaged in incidents that you cause.
  • $5,000 property damage liability coverage — This provides up to $5,000 for damage to other people's property in incidents you cause.

Besides the aforementioned minimal coverage requirements, California law requires you to have proof of insurance when you ride. This evidence could be a hard copy document or an electronic copy that may be accessed via a mobile app. If a law enforcement officer requests proof of insurance, failing to provide it could result in fines or a license suspension.

Statute of Limitations

Per California Code of Civil Procedure (CCP) Section 335.1, you typically have two years from the date of the motorcycle accident to initiate a personal injury claim against the liable party.

It is vital not to miss this deadline. You usually cannot use the judicial system to get compensation if you do not file a lawsuit within two years after the incident. Even though there are a few exceptions, it is best to speak with an attorney to determine if they apply to your situation.

Who Could You Sue in a Motorcycle-Related Personal Injury Lawsuit?

Determining who is at fault in a motorcycle accident depends on the particular reason for the collision. Here are a few typical scenarios:

  • Other drivers — Negligent driving by another driver is the most common occurrence. Negligent acts could include speeding, failing to cede the right of way, or distracted driving. You may be able to hold other motorists responsible for your injuries in certain situations.
  • Governmental organizations — Motorbike accidents could result from poorly maintained roads, broken traffic signals, or insufficient signage. Should these circumstances exist, you might be able to file a claim against the state, county, or local government in charge of maintaining the roads.
  • Manufacturer of motorcycles or parts — Defective parts could potentially be the reason. If an aftermarket component, like tires or brakes, or a design or manufacturing defect in the motorbike itself, like defective brakes or steering malfunction, caused the accident, you might be able to sue the relevant manufacturer for product liability.

It is best to pursue the lawsuit with the help of a personal injury lawyer.

Motorcycle crashes cause extensive damage, injuring the rider and anyone nearby. Because biking is an exposed activity, the rider is frequently the one who sustains the most injuries, which can range from little cuts to severe conditions like spinal cord damage or head trauma.

However, a motorcycle accident has consequences that go beyond the rider. If the biker crashes into them or loses control, other drivers and passengers in those cars could suffer injuries. Bicyclists and pedestrians who share the route are also at risk of injury from the motorcycle or falling objects. They can become plaintiffs in a personal injury lawsuit against the rider.

The type of collision, speed, and whether or not the biker was wearing the appropriate safety gear are some variables that affect the severity of the injuries.

It is crucial to choose who to sue in a post-accident lawsuit. It depends on your case's particulars and desire to get the most money possible. Suing just one defendant is usually sufficient. This is frequently a different motorist whose carelessness caused the collision. But when several people share the blame, things get complicated.

For example, a driver's negligence led to a collision, yet poorly maintained roadways also had an impact. In this case, it could be wise to sue the driver and the government agency in charge of maintaining the roads. In a different case, a defective motorbike component could have contributed to another driver's carelessness, necessitating legal action against the manufacturer and the other motorist.

The goal of suing several defendants is to maximize damages. Anyone found to be partially at fault might be forced to pay.

Potential Damages You Can Secure

Victims of motorcycle accidents could experience severe emotional and financial challenges. If your lawsuit is successful, you have three primary options for compensation: economic, non-economic, and punitive damages.

  1. Economic damages

Economic damages are tangible monetary losses supported by clear documentation like invoices and receipts. They include:

  • Medical expenses — The award pays for treatment for your past, present, and future injuries
  • Lost wages — Jury awards make up for money lost due to the accident, including missed workdays and potential future earnings if your injuries prevent you from working.
  • Motorcycle repair or replacement — You could also be compensated for the expenses associated with fixing or replacing your damaged motorcycle.
  • Other out-of-pocket expenses — These could include travel to and from medical visits, prescription drugs that your insurance does not cover, or help around the house if your injuries prevent you from doing everyday duties.

  1. Non-Economic Damages

Non-economic damages deal with subjective, difficult-to-quantify intangible losses include:

  • Pain and suffering — The jury will compensate you to make up for lost enjoyment of life, emotional discomfort, mental anguish, and physical pain brought on by your injuries.
  • Loss of consortium — This award addresses how the accident has affected your connection with your spouse or partner, resulting in less intimacy, support, and companionship.
  •  Disfigurement and scarring —You could receive compensation to help you recover from the psychological and emotional anguish brought on by the accident's permanent disfigurement or visible scars.

Non-economic damages acknowledge the long-lasting effects that motorcycle accidents can cause in addition to injuries.

  1. Punitive Damages

Though awarded rarely, punitive damages are reserved for situations where the negligent party acted with malice, intent, or a careless disregard for others' safety. The goal of this award is to punish the offender and discourage future instances of the same behavior.

Find a Motorcycle Accidents Attorney Near Me

Everyone should use caution when sharing the road with motorcyclists. Cyclists, drivers, pedestrians, and riders must put safety first. Understanding the common causes of motorcycle accidents and maintaining constant awareness can reduce your chance of suffering a significant injury or worse.

Regardless of your level of culpability, being involved in a motorcycle accident can make it difficult to know what to do next. But do not worry. The Los Angeles Car Accident Attorney is available to assist. With a wealth of motorcycle accident claim handling experience, we are committed to securing just compensation for you. For a free consultation, call us at 424-237-3600.