Accidents can happen when you least expect them. If you’ve been involved in a motorcycle crash, a Los Angeles personal injury lawyer can fight for the compensation you need to get your life back.
A motorcycle accident can result in sky-high medical bills, lost wages, and emotional distress. Pursuing a claim while trying to recover from your injuries can be daunting.
Since 2016, Omega Law Group Accident & Injury Attorneys have recovered millions of dollars for our clients. If you’ve been hurt in a motorcycle accident that wasn’t your fault, a Los Angeles motorcycle accident lawyer from our firm can guide you through the claims process and help you seek justice.
How a Motorcycle Accident Lawyer Can Help
A motorcycle accident lawyer can provide invaluable assistance after a crash. Specifically, they can:
- Provide legal guidance: A lawyer can explain your rights and help you understand your legal options.
- Negotiate with insurance companies: A lawyer can handle communications with insurers to prevent lowball settlements and ensure fair compensation.
- Gather evidence: An attorney can collect crucial evidence such as police reports, witness statements, and medical records to build a strong case.
- Prove liability: A lawyer can work with accident reconstruction experts and legal professionals to establish fault and maximize your claim.
- Ensure timely filing: A lawyer can ensure your claim is submitted within California’s statute of limitations.
- Maximize compensation: A lawyer can calculate your damages and fight for the highest possible settlement.
- Represent you in court: If necessary, a Los Angeles motorcycle attorney can represent you in court to defend your rights and fight for the financial compensation you deserve.
How Do I Know if I Have a Motorcycle Accident Case?
If you’ve been injured in a motorcycle collision due to another party’s negligence, you likely have a case. Factors to consider include liability, the severity of your injuries, and available insurance coverage.
An experienced motorcycle accident lawyer can help determine the strength of your claim.
Types of Motorcycle Accident Compensation
Victims of motorcycle crashes may be entitled to various forms of compensation, including:
- Medical bills: You can be compensated for hospital bills, surgeries, rehabilitation, and future medical care.
- Lost wages: You can be compensated for time off work due to injuries.
- Pain and suffering: You can receive damages for emotional distress and physical pain.
- Property damage: You can be reimbursed for repairs or the replacement of your motorcycle.
- Loss of consortium: You can receive damages for the impact of the crash on your relationships.
A motorcycle accident lawyer in Los Angeles can calculate your damages and pursue the maximum compensation possible.
How Is Compensation Calculated for Motorcycle Accident Victims?
Compensation for motorcycle accident victims is calculated based on the following factors:
- Medical bills: This includes all past, present, and future medical costs such as surgeries, rehabilitation, therapy, and medication.
- Lost wages: You can receive compensation for any income lost due to an inability to work after the accident.
- Loss of earning capacity: If injuries prevent you from returning to the same type of work, you may be entitled to compensation for diminished earning potential.
- Pain and suffering: Compensation may be awarded for physical pain, emotional trauma, and psychological distress caused by the accident.
- Property damage: You can recover the costs associated with repairing or replacing your motorcycle and damaged riding gear.
- Punitive damages: In cases where the at-fault party displayed gross negligence or reckless behavior, additional damages may be awarded as punishment.
How Much Are Most Motorcycle Accident Settlements?
Motorcycle crash settlement amounts vary from case to case. Factors that can affect the value of a settlement include the severity of the victim’s injuries, liability, and insurance coverage.
Some victims receive tens of thousands of dollars, while others receive a million or more. Catastrophic injuries like spinal cord damage or traumatic brain injuries often result in higher payouts.
Why Should You Not Admit Fault After a Motorcycle Accident?
Admitting fault after a motorcycle collision can compromise your ability to recover compensation. Here’s why you should avoid doing so:
- Legal consequences: Admitting fault can be used against you in insurance claims and lawsuits.
- Comparative negligence: Your compensation may be reduced if you are found partially at fault.
- Incomplete evidence: The full circumstances of the accident may not be clear at the scene.
Always consult a motorcycle accident attorney before making any statements regarding fault.
Common Insurance Company Tactics and How to Counter Them
Insurance companies often employ the following tactics to minimize your payout:
- Offering lowball settlements
- Blaming the rider
- Delaying claims
- Denying liability
An experienced motorcycle accident attorney in Los Angeles can counter these tactics and negotiate with the insurance company to make sure you receive a fair settlement.
How Do You Prove Liability in a California Motorcycle Accident Case?
To prove liability in a motorcycle accident case, you must gather compelling evidence such as:
- Police reports
- Eyewitness statements
- Surveillance or dashcam footage
- Accident reconstruction expert testimony
- Medical records linking injuries to the accident
An experienced attorney can gather evidence to prove you weren’t at fault for the accident.
What Is Comparative Negligence in a Motorcycle Accident Case?
California follows a pure comparative negligence law, meaning that accident victims can recover compensation even if they were partially at fault. However, their compensation is reduced by their percentage of fault.
For example, if a motorcyclist is 30% at fault in a $100,000 claim, they can still recover $70,000.
Can I File a Claim if I Was Lane Splitting?
Lane splitting is legal in California, but insurance companies may argue that it contributed to the accident. A personal injury lawyer can help establish that the other driver was at fault for the crash.
Can I File a Claim if I Wasn’t Wearing a Helmet or Riding Gear?
Yes. California law requires motorcyclists to wear helmets, but not wearing one does not automatically bar you from compensation. That said, if head injuries occurred, the insurance company might argue that the lack of a motorcycle helmet contributed to the severity of injuries, which could reduce your compensation.
Can I File a Claim if the Accident Was Caused By a Hazardous Road Condition?
Yes. If poor road conditions, such as potholes, debris, or a lack of signage, caused the auto accident, you may have a claim against the local government entity responsible for road maintenance. These cases require prompt action due to shortened filing deadlines.
Can I File a Claim if I’m the Victim of a Hit and Run?
Yes, if you’re the victim of a hit-and-run motorcycle accident, you may be able to pursue compensation. Here’s how you can do so:
- Uninsured motorist coverage: If you have uninsured motorist (UM) coverage, it may cover your medical expenses and damages.
- Police investigation: Law enforcement may track down the hit-and-run driver, allowing you to file a claim against them.
- Surveillance and witnesses: Security cameras or witness statements can help identify the at-fault driver.
- Legal assistance: A motorcycle injury lawyer can help explore all possible avenues for compensation, including personal injury lawsuits or claims through your own insurance company.
What Is the Statute of Limitations for Filing a Motorcycle Accident Claim in California?
In California, the statute of limitations for filing a motorcycle accident lawsuit is two years from the date of the accident. If a government entity is involved, the deadline to file a claim is six months.
If you fail to file within the statute of limitations, you could forfeit your right to pursue compensation. A Los Angeles personal injury lawyer can make sure you file on time.
How Does the Motorcycle Accident Legal Process Work?
The motorcycle accident legal process involves the following steps:
- Consultation: Discuss your case with an attorney.
- Investigation: Collect evidence and determine liability.
- Filing a claim: Submit claims to insurance companies or file a lawsuit (if necessary).
- Negotiation: Attempt to settle before going to trial.
- Trial (if needed): Present the case in court if a fair settlement isn’t reached.
Motorcycle Accident Legal Terms
Some of the most common legal terms used in motorcycle accidents include:
- Comparative negligence: A legal doctrine that reduces a claimant’s compensation based on their percentage of fault in an accident
- Liability: Legal responsibility for an accident or damages
- Statute of limitations: The legal deadline for filing a lawsuit
- Settlement: An agreement reached between parties to resolve a claim without going to trial
- Pain and suffering: Compensation for physical pain and emotional distress caused by an accident
- Claim: A formal request for compensation from an insurance company or at-fault party
- Damages: Monetary compensation awarded to an accident victim for losses incurred
- Litigation: The process of taking legal action through the courts
- Contingency fee: A payment structure where a lawyer only gets paid if the client wins their case
- Negligence: A failure to exercise reasonable care that results in harm to another person
How Long Does a Motorcycle Accident Lawsuit Take?
Every case is different. Some motorcycle accident cases are resolved in a few months, while others take over a year to conclude. Factors that can influence the duration of a case include its complexity, insurance company cooperation, and whether the case goes to trial.
What Not to Do After a Motorcycle Accident
After a motorcycle accident, it’s important to avoid doing anything that might hurt your case. Here are some examples of what not to do:
- Do not admit fault at the scene.
- Avoid speaking to insurance adjusters without legal representation.
- Do not wait to seek medical attention, as doing so could harm your claim.
- Refrain from posting about the accident on social media.
Steps to Take After a Motorcycle Accident
If you’ve been in a motorcycle accident, there are certain steps you must take to protect your rights and begin building a winning case. Those steps are:
- Call the police and file an accident report.
- Gather evidence, including photos and witness contact information.
- Exchange insurance information with the other driver.
- Seek medical attention as soon as possible.
- Contact a motorcycle accident lawyer to protect your rights.
Tips for Avoiding a Motorcycle Accident
If you’re a motorcycle rider, the following strategies can help you avoid an accident:
- Wear safety gear: Always wear a DOT-approved helmet, gloves, protective clothing, and sturdy footwear.
- Follow traffic laws: Obey speed limits, use turn signals, and avoid reckless maneuvers.
- Stay visible: Use reflective gear and keep your headlights on to ensure that other drivers can see you, especially when riding at night.
- Be aware of road conditions: Watch out for potholes, wet surfaces, and debris that could cause you to lose control.
- Maintain a safe following distance: Keep a sufficient distance from vehicles ahead to allow for proper reaction time.
- Avoid riding in blind spots: Stay out of other drivers’ blind spots to reduce your risk of being hit when they change lanes.
- Never ride under the influence: Avoid consuming alcohol or using drugs before riding, as they can impair your judgment and reflexes.
Motorcycle Accident Statistics in Los Angeles
Over 2,500 motorcycle accidents occur in Los Angeles each year. In 2024, there were 135 fatalities. Over half of all motorcycle accidents in Los Angeles result in injuries.
Common Causes of Motorcycle Accidents
Some of the most common causes of motorcycle accidents include:
- Distracted driving
- Speeding
- Unsafe lane changes
- Failure to yield
- Road hazards
- Driving under the influence
Common Injuries in Motorcycle Accidents
Motorcycle accidents can result in both minor and severe injuries. In some cases, they cause permanent or even fatal harm. Some of the most common motorcycle injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Road rash
- Internal injuries
- Amputations
Contact a Los Angeles Motorcycle Accident Attorney Today
An unexpected motorcycle crash can cause significant financial hardship. However, you don’t need to go through this challenging time alone.
At Omega Law Group, we’re dedicated to delivering the best possible outcome for each client. If you’ve been injured in a motorcycle accident due to someone else’s negligence, a Los Angeles motorcycle accident attorney from our team is ready to fight for your rights and pursue the compensation you need to move forward.
Don’t wait to pursue justice. Contact us today for a free consultation.