California Motorcycle Accident Lawyer
Motorcycles are more vulnerable on the road due to their exposure and decreased protection. These motorcyclists may still be at risk of sustaining catastrophic injuries in a collision, even while wearing protective gear. According to Forbes, motorcycle riders are 28 times more likely to die and four times more likely to get injured in an accident. In 2021, over 83,000 motorcycle riders got injured following an accident in the United States. Unfortunately, 5,932 of these riders lost their lives due to injuries they sustained in accidents.
Motorcycles are governed by different laws than cars in California, such as lane splitting (California Vehicle Code Section 21658.1), mandatory helmet use (Section 27803), and unique equipment requirements (Section 24015). As such, working with a motorcycle accident lawyer with nuanced industry knowledge can help you get the compensation you rightfully deserve.
How Negligence Can Cause Motorcycle Accidents
Driver Inattention
Driving should be an active process where the motorist is conscious of their surroundings at all times. However, this is not always the case since some drivers end up getting distracted by other factors like their phones, GPS devices, and road hazards. Sometimes, there are blind spots in a vehicle where a driver fails to see other drivers on the road.
Speeding
Speeding is one of the main reasons for these accidents, accounting for 34% of motorcycle fatalities in the U.S. in 2021. Speeding increases the risk of these collisions because motorists have decreased control of their vehicles and they have increased stopping distance needed to halt their motorcycles. The sheer velocity increases the crash forces which may result in more severe injuries if an accident does end up happening.
DUI
Alcohol and drug use can affect the driver’s judgment and lower their reaction time which can result in them being unable to control their vehicles in order to prevent an accident. While there are legislations prohibiting DUI, these inebriated individuals often have poor judgment and still end up driving; it is only when they get in an accident that they regret their decision. A drunk driver can be held responsible for the accident if their negligence is a factor that led to the incident.
Failure To Yield
Motorists have the same rights as other drivers while on the road, but other drivers often fail to recognize this and refuse to yield when necessary, even if motorcycles have the right-of-way. The problem is that motorists are more vulnerable while on the road, so they end up getting the brunt of the damage caused by the accident.
Common Motorcycle Accident Injuries
Motorcycle accidents can cause a variety of injuries, ranging from mild to severe and life-altering conditions.
Traumatic Brain Injuries
Traumatic brain injuries, also referred to as TBIs, are caused by sudden impact to the victim’s head. Its severity can range from mild (like dizziness, concussion, emotional disturbance) to severe (like amnesia, comatose, brain hemorrhage, and even stroke). It can cause long-term consequences depending on the extent of the injury and the circumstances surrounding the accident.
Spinal Cord Injuries
Spinal cord injuries, also known as SCIs, refer to damage to the spinal cord, typically caused by trauma – which includes severe trauma from motorcycle accidents. The high impact and force during a collision can damage your vertebrae, discs, and spinal cord. SCIs can cause reduced bodily functions like decreased mobility, sensation, and even paralysis.
Fractures
Fractures, commonly known as broken bones, may result from the strong impact caused by a motorcycle accident. Fractures of the clavicle, femur, and ribs are among the most common examples of cases that a person can sustain as a result of a motorcycle accident.
Burns
In the event of a motorcycle accident, motorists can sustain severe burns due to exposure to heat and flames. Fuel is a fire hazard, and may end up catching fire after the immediate crash. Burn severity is classified as first-degree, second-degree, or third-degree burn, with the last one being the worst of the three. Burns may necessitate extensive medical treatment and prolonged hospital stays.
What To Do After A Motorcycle Accident In California
After a motorcycle accident, you should have the presence of mind to avoid further injuries. Pay attention to your nearby surroundings and relocate to a safer location. Avoid making statements of fault; let the insurance companies and legal process determine liability. We recommend that you do the following in the aftermath of a motorcycle accident:
Assess Yourself For Injuries
Check yourself to see if you have sustained any injuries following the motorcycle accident. Prioritize your safety before proceeding to help others. Assess yourself for injuries first, then proceed to check on other people who were involved in the accident.
Call Emergency Services And Local Police Department
After collecting yourself, contact 911 or ask a bystander to make the call. Once the police arrive, try your best to give them a clear account of the accident. This documentation can be important as it may be used to help your lawyer in pursuing a personal injury claim.
Move To A Safer Location
You should go to a safer location away from the area of the accident in order to avoid a secondary accident. Moreover, there can be hazards in the area, like broken motorcycle parts, leaking fuel tanks, and hot exhaust pipes that may cause further injuries.
Gather Evidence
While waiting for the dispatch team to send help, you should collect evidence at the scene. Take photos of the vehicles involved, the extent of the damage, skid marks, and other important details. You should also take a photo of your injuries if possible just in case your lawyer would need it later on.
Seek Medical Evaluation
Following an accident, it might be a good idea to get yourself checked regardless of the extent of your injury. Some injuries are not as obvious as others and may manifest days after the accident. For example, injuries like whiplash, concussions, internal bleeding, soft tissue injuries, and back or neck pain may not manifest symptoms immediately but can develop hours, days, or even weeks after the accident. A physician’s evaluation of the extent of your injuries can be used by your motorcycle accident lawyer to help prove they are related to the accident.
Consult With A California Motorcycle Accident Lawyer
After the accident, we recommend that you seek the legal counsel of a California motorcycle accident lawyer to help you with your next steps. The state and federal laws involved in motorcycle accidents are vastly different compared to the rules governing car and truck accidents. Our team of motorcycle accident lawyers can help you deal with the insurance companies in pursuing your claim for personal injuries.
What Is The Statute Of Limitations For Motorcycle Accident Claims In California?
Motorcycle accident claims in California must be filed within two years from the date of the accident. The statute of limitations is imposed to make sure that the integrity of evidence and accuracy of witness accounts are preserved.
