Updated: 3 days ago
What Can Victims Do After Motorcycle Accidents In California?
According to the latest statistics from the Insurance Institute for Highway Safety, there are 4,976 fatal and non-fatal motorcycle accidents in the United States (IIHS). You could suffer serious permanent injuries from a moment of reckless madness on the highway. This is exacerbated by the fact that, unlike other cars, motorcycles lack a protective cocoon against accidents.
According to the National Highway Traffic Safety Administration (NHTSA) of the United States Department of Transportation, motorcycle-related road accidents have been on the rise for the past decade. According to current statistics, 73.48 deaths for every 100,000 motorcycles are recorded. Motorcyclists are also a high-risk category of road users.
The following factors, according to the IIHS, contribute to the high risk of motorcycle accidents:
Since motorcycles are small, they are less visible on highways.
The occupants are exposed in the absence of a protective shield, such as that used in four-wheeled vehicles.
Balancing on two wheels rather than four decreases a motorcyclist's steadfastness, making them more vulnerable to accidents.
California's Ridership Laws are Worth Noting
In response to an increase in fatal motorcycle accidents in California, the legislature decided to enact legislation that would provide some safety and rights to motorcycle riders while on the road. The following are some of the laws worth revisiting:
Law on lane splitting: It is legal to snake through slow-moving traffic, even though it is a high-risk activity to engage in. You are only permitted to travel at a speed of no more than 10 mph faster than the surrounding traffic.
Lemon laws cover motorcycles: Cutting through the legalese of lemon rules, you are entitled to compensation if you spend more time in the garage than on the road with a freshly purchased bike. Contact a Los Angeles Motorcycle Accident Attorney to learn more about your legal choices.
All riders must wear approved helmets from the Department of Transportation: Motorcycles that have been fitted with an exhaust system that complies with EPA regulations.
Traffic safety laws are continually changing to keep up with the changing demands and use of the roads. To stay up to date with the new regulations, contact the California Department of Motor Vehicles.
In the case of motorcycle accidents, California's legislative laws restrict the grace period to two years from the date of the accident. There are certain exceptions to this law, such as when suing a government agency or a government facility. An experienced California Attorney For Motorcycle Accidents can handle the specifics.
What To Do If You're Involved In An Accident?
Motorcycle incidents are among the worst and most serious in Los Angeles. This is because motorcyclists are at risk of fatal injury in the event of an accident. After an accident, there are a few things you can do.
Check for accidents in yourself and other victims.
Given that they are considered one of the worst and most serious incidents, it is clear that the chances of escaping injury are slim to none. If you or one of the other victims is injured, call 911 as soon as possible for assistance. Whether or not you are injured, it is important that you seek medical care to ensure that you are in good health. This is important because some people can have internal injuries that aren't visible on the outside.
The benefits of getting medical attention as soon as possible after a motorcycle accident include allowing the doctor to properly evaluate your condition and determine the extent of your injuries. Head injury, road rash, muscle damage, leg injury, and broken bones are some of the most common injuries suffered in this type of accident. Treatment that starts soon after the accident will increase the likelihood of a speedy recovery while also assisting in creating evidence for the injuries suffered in the accident. Make sure you have a well-documented medical report that you can later discuss with your motorcycle accident lawyer in Los Angeles.
People should be relocated.
It's important that you and everyone else involved in the accident get to a safe place. This will assist you and the other victims limit any further injuries to which you might be subjected. However, ensure you're not relocating a survivor whose illness prevents them from doing so, as you could end up tampering with them and worsening their injuries.
Roadside cliffs weakened buildings that could collapse, structures or automobiles on fire, and an automobile with leaked fuel are some of the factors that could result in further casualties. Using flares, hazard signs, or warning triangles to inform other road users about the accident as you drive to safety from the roadway. The aim is to ensure there aren't any more injuries on the scene. Consider one of our prescreened motorcycle accident lawyers in our California Attorney Search.
Maintain a Calm Attitude
It is important to maintain your composure while riding a motorcycle. Do not engage the other parties in a dispute, assign responsibility for the accident, physically engage the other party, or intentionally cause collateral harm. This will assist you in avoiding statements that may be used against you in court. Calmness will allow you to compose yourself and collect information that will aid you in seeking justice for the damages you have sustained. The details you gather should be reliable and comprehensive, covering all aspects of your accident. The following is some of the information to keep track of:
A valid driver's license
For the vehicles involved, the insurance company and policy number are given.
Registration of automobiles
Numbers on license plates
Officer's badge number and number at the scene
The number of the police report
You can also gather the personal information of any witnesses who were present at the motorcycle accident scene. Only collect accurate information from witnesses who are willing to share it with you; do not obtain any information without their permission.
Keep an eye on the situation.
It's important to stay at the scene before the cops arrive. This ensures that the other parties do not tamper with the possible facts. As law enforcement officers arrive, remain calm and obey their orders. Leaving the scene will harm your arguments because police officers can only speak with the other party when they arrive, which means they will not hear your side of the story. If you are in pain, do not insist on remaining at the scene because you might suffer from life-threatening injuries.
Please report to the officers.
Make sure you tell the police officers about the motorcycle accident as soon as possible. This is crucial because their presence at the scene aids in traffic management, determining if immediate legal action is required, and even documenting specifics of the motorcycle accident. When making a comment, keep the conversation between you and the law enforcement officer tasked with investigating the accident scene to a minimum.
One thing to remember is that they never confess or admit guilt to others. Provide only the most basic details of how the accident occurred, and leave the rest to the investigation team. Note that the police report is important because it will aid in expediting of your lawsuit, so you can request a copy after all is completed.
Notify the insurance provider.
It is important to contact the insurance provider immediately after the crash to prevent your reimbursement claim from being denied. When you contact the insurance provider, you simply inform them that you have been in an accident. Give them basic details about the accident, such as the time and place. If the insurance company wants to learn more about your injury or the damage to your motorcycle, it's best not to tell them without first consulting an L.A. Motorcycle Accident Attorney.
You are not responsible for speaking with the insurance firm directly; instead, hire an L.A. Motorcycle Accident lawyer to do so. Motorcyclists are sometimes regarded as irresponsible, which basically ensures that the insurance provider will attempt to keep you liable even though you are the victim.
Insurance firms will want to undercompensate you or not compensate you at all for your losses. As a result, it is important to obtain legal counsel from attorneys with extensive experience dealing with motorcycle injuries. A California Motorcycle Accident Attorney may assist you in obtaining your right to financial compensation, which your insurance provider can deny. In most cases, insurance companies deny coverage to motorcyclists based on minor problems such as not wearing full protective gear at the time of the crash. You should be cautious about what you tell the insurance adjusters because they are skilled at tripping you up.
In The Event of a Motorcycle Accident, You Should Contact An Experienced Motorcycle Injury Lawyer
A Los Angeles Motorcycle Accident Lawyer best handles motorcycle accident lawsuits. You should obtain legal advice from a well-trained and resourceful specialist to support you with this incident. The California Motorcycle Crash Attorney's primary responsibility is advising you on the best legal course of action. For example, they will direct you on which questions to answer, when, where, and to whom. Here are a few scenarios in which you may need to use an attorney's expertise:
When the other parties involved in the motorcycle accident make false allegations against you
When your insurance provider rejects your application, it's important to know what to do next.
When the cost of your medical care or the cost of repairing your motorcycle exceeds your insurance coverage.
When you have severe physical injuries and the costs associated with them as a result of your accident
Motorcycle Accidents Caused by Drugs
Motorcycle incidents involving drugs or alcohol occur when the driver or another motorcyclist is under the influence of drugs or alcohol. Prescription medications and recreational drugs both affect normal brain function, resulting in poor judgment and driving irresponsibility. Drug intoxication increases the likelihood of crashing by five times. When there is a higher concentration of alcohol in the blood, the risk of injury and death rises dramatically.
When a driver or a motorcyclist's blood alcohol concentration (BAC) exceeds 0.8 percent, that individual is intoxicated and should not be driving or riding legally. As previously stated, alcohol impairs the operator's brain function, increasing the risk of misjudgment and injuries.
Intoxicated riders are often involved in group rides intended for amusement and leisure. Group riders are likelier to break safety laws like not drinking and riding. If a group of people drives while inebriated or under the influence of drugs, they are more likely to speed, take the wrong lanes, or even break traffic laws. They can take unnecessarily dangerous risks, putting themselves and other road users in danger. When drunk driving occurs late at night, the likelihood of an accident rises dramatically.
Under California Vehicle Code 23153, drug-related motorcycle collisions are charged as DUI causing injuries to others. This legislation prevents pedestrians and motorcyclists from being injured by drivers. This means that the driver will pay a DUI bill and a personal injury claim if the motorcyclist or injured party decides to file one.
The following are some of the medications that have been linked to motorcycle accidents:
drowsiness-inducing prescription medications
The use of alcohol is prohibited
Recreational drugs that disrupt the brain's normal functioning
Drug-related motorcycle accidents can occur when a rider is under the influence of drugs, hits a pedestrian or property, or collides with another person's vehicle. In such cases, the injured parties will file a lawsuit against the motorcyclist for compensation.
When a motorcycle accident happens, the police will likely take all drivers' blood alcohol concentrations, check their licenses and qualifications, and gather witness statements. These findings, along with your own testimony, will be used to show the court that the driver or operator was incompetent and that their negligence caused the injuries.
Damages Recoverable in Drug-Related Accidents
When you are injured due to the negligence of another driver or motorcyclist, you have the right to be paid for your losses. Motorcycle accidents can result in severe and life-altering injuries that can result in disabilities, limb loss, chronic pain, and back pain. You should be able to recover damages for medical expenses, lost wages, lost earning power, property loss, and pain and suffering with the assistance of your motorcycle injury lawyer.
The amount of compensation you earn for each category is determined by the form of injury and accident circumstances. Medical bills for you or a loved one will place a burden on your finances in most cases. You have the right to sue the at-fault party for reimbursement of medical expenses, including care, surgery, medicine, and any counseling or rehabilitation needed to complete your recovery. In certain cases, the accident could necessitate lifelong medical treatment, necessitating even further compensation.
You will sue the other party for loss of income and, in some cases, loss of earning power if the accident prevents you from doing your daily job. The latter occurs after an accident leaves you permanently disabled, limiting your ability to participate in the job market. You can be limited in the type of work you may do due to an accident. Your