Los Angeles Motorcycle Accident Attorney
A motorcycle accident can be life-changing for the victim. Common motorcycle accident injuries range from bone fractures to traumatic brain injuries. A bad accident could cost the motorcyclist thousands of dollars in vehicle repairs and medical bills, on top of lost wages and significant physical and emotional pain.
At the law firm of Rose, Klein & Marias LLP, our lawyers have been in the business of helping motor vehicle accident victims recover for over 80 combined years. We understand motorcycle accident law and how to navigate motorcycle accident claims in California to the greatest benefit of each injured rider based on his or her specific needs. A skilled Los Angeles motorcycle accident attorney from our firm may be able to help you seek compensation from an at-fault driver. Call (213) 626-0571 to reach our Los Angeles office today.
Los Angeles Motorcycle Accident Resources
- Why Choose Rose, Klein & Marias LLP for Your Motorcycle Accident Claim?
- Do I Need an Attorney for a Motorcycle Accident?
- Causes of Motorcycle Accidents
- Common Motorcycle Accident Injuries
- California Motorcycle Helmet Law
- Motorcycle Accidents While Lane Splitting
- How Much Is My Motorcycle Accident Case Worth?
- California Motorcycle Accident Statute of Limitations
- What to Do After a Motorcycle Accident
- Contact a Los Angeles Motorcycle Accident Attorney Today
Why Trust Us With Your Motorcycle Accident Claim?
- We commit to two things: getting maximum compensation for each client and furthering the laws that apply to these cases.
- We strive to create an environment in which victims who suffer because of acts of negligence do not have to struggle to get by.
- We employ a group of lawyers with experience across multiple areas of law, including motorcycle and other auto accidents.
- Our Los Angeles motorcycle accident lawyers accept motorcycle accident claims on a contingency fee basis, meaning no fees if we do not win.
How Can a Los Angeles Motorcycle Accident Lawyer Help?
Do not let an insurance company convince you to accept a lowball settlement offer after a serious motorcycle collision. Insurance companies too often escape liability and pressure clients to accept less than their cases are worth. Instead, call a Los Angeles car accident lawyer experienced in motorcycle accidents to review your case for a proper evaluation of its value. At the law firm of Rose, Klein & Marias LLP, our team of attorneys can calculate an accurate estimate, then go into negotiations on your behalf with this number in mind. If the insurance company refuses to offer a reasonable amount, we can take your claim to court in Los Angeles at no costs upfront.
Causes of Motorcycle Accidents in California
Identifying the cause of your motorcycle accident is generally one of the first steps toward obtaining financial compensation in California. California is a fault car insurance state, meaning the at-fault party will be the one that lawfully must pay for your losses. The party that caused your accident may have to pay for your medical bills, motorcycle repair or replacement, lost income, noneconomic damages, and more. One or more parties could share fault for your injuries.
- A driver. If a negligent or distracted driver crashed into your motorcycle, his or her insurance provider may owe you for your damages. A driver may cause an accident by texting and driving or other form of distracted driving, driving drunk, speeding, breaking roadway rules or ignoring a motorcyclist’s right-of-way.
- A roadway. Motorcycles are vulnerable to even minor roadway defects. If a pothole, loose gravel, rubble, storm debris, an unsafe construction site, grass clippings or another roadway defect caused your motorcycle wreck, you could have a case against the City of Los Angeles for failing to properly maintain its roads.
- A vehicle part. If your motorcycle experienced a tire blowout, brake failure, electrical problems, or another type of auto defect that caused your accident, the motorcycle manufacturer could owe you financial recovery through the laws of product liability.
Most motorcycle accident cases are tort claims. A tort claim seeks to hold the party that committed negligence or wrongdoing (a tort) accountable for the victim’s damages. Your Los Angeles motorcycle accident attorney will need to prove the defendant caused your accident for you as the injured rider to obtain compensation based on tort laws. A qualified Los Angeles injury attorney at Rose, Klein & Marias LLP may be able to help you prove your case as a motorcycle rider, starting with determining fault.
Common Motorcycle Accident Injuries
The injuries in a motorcycle accident are often severe. With hardly any protection for the motorcyclist, an impact with the road and/or another vehicle can cause a wide range of injuries. A motorcyclist is about 28 times more likely to die in an accident than a passenger vehicle occupant, according to the National Highway Traffic Safety Administration. Motorcyclists are also much more likely to suffer serious injuries. The Los Angeles motorcycle accident lawyers at Rose, Klein & Marias LLP accept clients with all types of personal injuries:
- Broken bones
- Skull fractures
- Traumatic brain injuries
- Spinal cord injuries
- Lower extremity injuries
- Internal injuries
- Road rash
- Scarring and disfigurement
Catastrophic and permanent injuries are common in serious motorcycle accidents. Crash survivors often live with the repercussions of their accidents for life. Common long-term injuries include brain damage, paralysis and physical scars. Motorcyclists may also suffer emotionally and psychologically from the trauma of a collision. Working with a Los Angeles motorcycle accident attorney can help you fight for maximum compensation for your motorcycle injuries, including tangible and intangible damages.
California Helmet Law and Motorcycle Accident Claims
Wearing a helmet can drastically reduce your risk of a serious head injury or brain injury in a motorcycle accident. California has a universal helmet law. Under this statute, every motorcyclist and motorcycle passenger must wear a helmet while riding. The helmet must be federally approved for safety and fit snugly on the wearer’s head. If you do not wear a motorcycle helmet in California, you could receive a traffic citation and fine. Failure to wear a helmet could also be something the defendant in a crash case uses as evidence against you.
Since not wearing a helmet would be breaking the law in California, the defendant can use it as a reason to place some liability for your motorcycle injuries with you. For this defense to work, however, your injuries must have some connection to your failure to wear a helmet. In general, the injury must be to the head, brain, face or neck to qualify. An injury to the body typically will not give a defendant grounds to base a defense on your illegal failure to use a helmet. To assert that your lack of a helmet contributed to your injuries, the defendant must show sufficient proof that this was the case, such as medical or safety expert testimony.
As an injured motorcyclist, do not assume you do not have grounds for compensation if you were not wearing a helmet during your Los Angeles motorcycle accident. California uses a pure comparative negligence law, which does not bar plaintiffs from recovery automatically for being partially at fault for an injury. Instead of barring recovery with any percentage of fault, the courts will reduce your judgment award by how much you contributed to your injuries. If not wearing a helmet made you 20% responsible for your traumatic brain injury, for example, you would receive 20% less of an awarded verdict. An experienced motorcycle accident lawyer from Rose, Klein & Marias LLP can help you combat the helmet defense during your motorcycle accident claim.
Who Is Liable for Motorcycle Accidents While Lane Splitting?
Lane splitting refers to someone on a motorcycle riding between two lanes of same-direction traffic. Studies have shown that lane splitting can save time, reduce traffic congestion and help prevent accidents such as rear-end collisions. Many people, however, believe lane splitting is dangerous for the motorcyclist and surrounding drivers. It is a controversial subject among bikers, motorists, lawmakers and safety organizations. California was the first state to allow motorcyclist lane splitting. If a motorcyclist in California lane splits recklessly, however, he or she could be liable for a resultant accident.
California’s comparative negligence law may play a role in crashes involving lane splitting. If the defendant has evidence that you were lane splitting at an unreasonable speed or otherwise recklessly, this could lead to a reduced compensatory award. If you were within your rights under California’s lane-splitting law, however, lane splitting alone most likely would not diminish your financial recovery. Use a dedicated motorcycle accident lawyer in Los Angeles for a motorcycle accident claim with a complicating factor such as lane splitting.
Compensation for Motorcycle Accidents in Los Angeles
The value of your motorcycle accident claim is important to you as an accident victim. Whether you suffered a catastrophic injury such as a spinal cord injury or traumatic brain injury, or a less severe injury such as road rash, you deserve to know how much compensation you may be able to receive for your property repairs and medical bills. The best way to receive an accurate answer is through a free consultation with a Los Angeles motorcycle accident attorney at Rose, Klein & Marias LLP. Each motorcycle accident case is unique, with no average settlement value. You may need a lawyer to help you identify, list and calculate your damages.
- All past and future medical expenses
- Losses of income
- Disability-related costs
- Motorcycle repairs or replacement
- Legal fees and out-of-pocket costs
- Rental car fees
- Pain and suffering
- Emotional damages
- Lost quality of life
- Punitive damages
As a general rule, a motorcycle crash claim involving serious to catastrophic injuries will be worth more than a minor injury claim and fatal motorcycle accidents will be worth even more than those resulting in catastrophic injury. A jury will base an award on the severity of the victim’s injuries and how greatly they impacted his or her life. If your case settles rather than going to trial, an insurance company will assess your medical bills and other tangible damages to evaluate its value. A motorcycle accident attorney in Los Angeles can help you maximize your financial recovery using proven legal strategies during negotiations.
What Is the Motorcycle Accident Statute of Limitations in California?
Act quickly to bring your motorcycle accident claim to make sure you meet California’s deadline, or statute of limitations. In California, all plaintiffs with personal injury claims must file their lawsuits with the civil courts within two years of the date of the collision or injury discovery. Failing to bring an action for an injury or wrongful death within two years generally bars a plaintiff from recovery in California, with a few exceptions. Do not wait longer than two years to ensure you meet your state’s deadline. Contact a Los Angeles motorcycle accident attorney at Rose, Klein & Marias LLP as soon as possible after a motorcycle accident, while important evidence and information are still available. We can make the claims filing process faster and more efficient for you.
What to Do After a Motorcycle Accident in Los Angeles
The steps you take or do not take after a motorcycle accident in Los Angeles can determine the fate of your motorcycle accident injury claim. It is important to take certain actions to protect your right to recover. You or your Los Angeles motorcycle accident attorney will need to collect evidence, identify the at-fault party, and file your injury claim within California’s deadline. Partner with a lawyer from the beginning for the best odds of recovering fair compensation.
- Get someplace safe. If it is safe to do so, remain at the scene of the accident or as close to it as possible. Check yourself and others involved in the wreck for injuries.
- Move your disabled motorcycle. If you can, move your wrecked motorcycle off of the road to prevent further collisions.
- Call 911. Report any motorcycle accident in California that causes injuries, more than $1,000 in property damage or motorcycle fatalities to the police. Request an ambulance, if necessary.
- Exchange information. Obtain the other driver’s personal information, as well as the name of his or her insurance company. Do not admit fault for the motorcycle crash.
- Take photos. Take pictures of the crashed motorcycle, the scene of the wreck and other important features using your cellphone or a camera, if possible.
- Go to the hospital. Once the police permit you to leave, go directly to a doctor or hospital. Prompt injury treatment looks good to insurance companies. It can also help you heal. Visit a doctor even if you think you have no injuries.
- Report the crash to an insurance company. Contact the insurance company of the party you believe caused the motorcycle accident. File a report right away – ideally within 24 hours of the crash.
- Follow your doctor’s orders. An insurance company will check to see if you followed a treatment plan. If not, it may use this as evidence to assert that you exacerbated your injuries.
- Collect information. Gather information about your accident to show a personal injury attorney. This can include copies of your medical records and police reports.
- Contact an attorney. Before speaking to a claims adjuster, consult with a lawyer about your case. A Los Angeles motorcycle accident lawyer from Rose, Klein & Marias LLP can help you understand your rights.
The insurance company that hears your claim will not want to maximize your financial recovery as an injured motorcycle rider. The insurance claims adjuster may try to convince you to settle for less compensation to optimize the company’s profitability. Hiring an attorney from the beginning can protect you by having a professional negotiate with the insurance company on your behalf. An attorney will not allow you to accept a lowball settlement offer. Before you get too far along in the claims process, contact a Los Angeles motorcycle accident lawyer for a review.
Discuss Your Case With a Motorcycle Accident Attorney in Los Angeles
Speak to a Los Angeles motorcycle accident lawyer from Rose, Klein & Marias LLP about your unique motorcycle accident claim today. We offer free consultations at our local law offices in Southern California at no obligation to hire one of our attorneys. We want you to learn your rights as a motorcycle accident victim and how to move forward after a devastating motorcycle accident. Request a free case review today through our online intake form or by calling (213) 626-0571 to reach a motorcycle attorney at our Los Angeles office.
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