How Motorcycle Accident Claims Are Handled In California

Updated: Jan 27

A Complete Guide To Motorcycle Accident Claims In California

Motorcycle accidents can be more dangerous compared to other vehicular accidents. Even wearing helmets and other protective gear, motorists are more vulnerable than someone who's in a car. That said, medical costs, rehabilitation fees, income loss, and property damages can also cause a lot of stress as the injured motorist recovers.

best personal injury attorneys in los angeles

Here are a few important things you need to know about getting into a motorcycle accident in California, what you need to do about your expenses and income loss, and your possible legal and settlement options.

The Risks For California Motorists

Motorcyclists confront a variety of dangers on the road than passenger vehicle drivers do not:

  1. Motorcycles are substantially smaller than regular cars, making them more difficult to notice. In a car's blind zones, a motorcycle rider is frequently undetectable.

  2. Because motorcyclists balance on two wheels, which is fundamentally less stable than riders of four-wheeled vehicles, motorcycles are more prone to overturn than passenger automobiles.

  3. Potholes, puddles of water, and debris, which are mere annoyances to automobiles, can be fatal to motorcyclists.

  4. When motorcyclists crash with other vehicles, they are exposed to far less danger than passengers in passenger automobiles. They are not equipped with seat belts or airbags, and they may not even be wearing helmets. As a result, motorcyclists are regularly propelled right onto the pavement in even minor car incidents, typically at high speeds.

  5. Because of these hazards, motorcyclists are roughly 28 times more likely than other vehicle occupants to die in a traffic collision per mile driven.

When you get into a motorcycle accident, chances are you'll have more substantial expenses for your recovery. Contact a California Attorney For Personal Injury to help you process your insurance (and possibly) civil litigation claims.

Stereotypes And Biases Against Motorists

For a variety of reasons, many American drivers dislike motorcycle riders. Because of their size, the fact that some motorcycles make a lot of noise, and their proclivity to come out of nowhere from a car's blind area. These stereotypes assume that motorists are a lot more careless than they actually tend to be.

Unfortunately, many people believe these biases, and as a result, the stigma against motorcyclists sticks. These inherent biases frequently seep into the personal injury claims for an injured rider. As a result, injured motorcyclists may earn smaller verdicts than passenger car drivers in comparable circumstances when their claims go to trial.

In short: people think it's always the motorist's fault. This could be very detrimental when you're trying to get insurance payouts to compensate for the losses you incurred because of the accident.

Even if the majority of injury claims do not go to trial, the consequences of this prejudice are felt across the insurance industry. Insurance adjusters know that the rider has a lower chance of winning if the matter goes to court. Thus, they often provide smaller payments to motorcyclists.

A good California Attorney For Personal Injury who cares about your case can help you overcome misconceptions and get the money you deserve. Not only will they be able to fight for you in negotiations, but they can also do all the necessary paperwork, investigations, and other legal and settlement-related requirements.

Motorcycle-Related Laws

Motorcyclists must, in general, adhere to the same laws as other vehicles. They have the same rights and responsibilities as drivers of larger vehicles, including observing the posted speed limit and all traffic signs and signals.

There are, however, a few exceptions that only apply to motorcyclists:

  • Riders on motorcycles must obtain a separate motorcycle license. To legally operate a motorcycle, you'll need more than just a regular driver's license. Motorcyclists must usually take a particular training course to learn the fundamentals of riding a motorcycle, followed by written and practical tests.

  • Surprisingly, many motorcycle riders are unaware of the requirement. Even if bikers are licensed to operate a passenger vehicle, they will be issued a ticket if they are detected riding without a valid motorcycle license. Even if the other person was at fault, the case might be jeopardized if a motorcyclist in a collision does not have a valid license.

  • Motorcyclists are required to wear a helmet in California. Motorcycle helmets are required in 19 states, including California. The majority of other states do not have universal helmet regulations; however, they may have a partial helmet law that applies to juveniles or younger riders.

  • Motorcyclists must also wear a variety of different protective gear and equipment. For example, even though they are not required to wear a helmet, they may be required to wear eye protection. They may also be compelled to wear