The Ultimate Guide to Motorcycle
Accident Injuries in California

MOTOCYCLE accidents in California

If you or someone you love has been injured in a California motorcycle accident, it is important to know what your rights are, so that you can get the compensation that you deserve.

And this in-depth guide outlines what to do after an accident, the legal process of filing a claim, as well as how to ensure that your rights are protected in the process.

We know at the Beverly Hills Injury Firm what kind of impact a motorcycle accident can have on a rider, and on their family. Motorcycle riders are far more exposed than automobile drivers, and the injuries produced in an accident are frequently quite severe. This in depth guide is meant to inform victims and their loved ones about their legal rights, recovery options, and what to do after being involved in a California motorcycle crash.

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What to Do Immediately Following a Bike Accident

Prioritize your health and safety

The right moves to make after a motorcycle accident to help your case:

Call 911, Seek Medical Care: First and foremost, prioritize safety, and create a legal record. Document Everything: Photograph the motorcycle, the other vehicle(s), injuries, and the road conditions.

Exchange Information: Obtain full names, contact information, insurance and license plate numbers.

Collect Witness Statements: Take down the contact information of anyone who witnessed the accident.

Don’t Apologize: Don’t talk about whose fault it is at the scene.

Obtain a Medical Examination: Documentation is important, no matter how minor the injury seems.

Speak to a Motorcycle Accident Lawyer: Obtaining an attorney right away will help you safeguard your rights.

Report the Accident

Inform the local police and your insurance provider of the accident.

When talking about the incident, be honest but do not accept responsibility.

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Establishing Who Is at Fault

Liability matters, and it is often a little harder to prove in motorcycle accidents since there is sometimes an inherent prejudice against bikers.

Key factors include: Negligence: Determining if the other party owed you duty of care and if they failed to meet that duty. Traffic Offenses: Tickets or records of speeding, texting while driving, and DUI.

Fault: California sticks to the policy of shared fault i.e., comparative negligence. Eyewitness Testimony and Dashcam Footage: Crucial evidence to show what went down. We will collect and analyze: Police reports Medical records Witness statements Vehicle damage reports Surveillance and dashcam video

Motorcycle Accidents: The Most Common Types

Left-Turn Accidents: One of the most frequently occurring left-turn crashes is when a vehicle attempts to turn left in front of an oncoming motorcycle.

Following Collisions: Distracted drivers frequently follow too closely and hit motorcycles themselves.

Lane Change Wrecks: Car drivers sometimes fail to see motorcyclists when merging.

Dooring Incidents: That is, a driver opening a car door in a motorcyclist’s lane.

DWI or DUI: Accidents related to drunken or distracted driving.

Road Hazards: Pits, ridges or foreign objects on the road which can cause panic on a motorcycle.

Speeding and Negligence: Whether by the biker, or another driver.

the Process for a Motorcycle Accident
Case from a Legal Standpoint

Victims who know their rights can make better choices. Here’s a general outline:

Free Consultation: An initial discussion with a lawyer. Investigation: Gather evidence, review medical records and reconstruct the accident.

Filing a Claim: We file a claim with the insurance provider or the at-fault party.

Negotiation: We advocate aggressively for a fair settlement through negotiation. Court Action - If we need to, we sue in court.

Discovery: The two sides share information and build their cases.

Arbitration or Trial: The last word in court or arbitration.

Understand Time Limits

In California, the personal injury statute of limitations, applies to motorcycle accident cases, is two years from the date of the accident. However: If the claim is against a government body (such as for a road hazard) you might have only six months. Any delay can risk the chance for you to gather evidence and recover compensation.

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Kinds of Compensation for Motorcycle Accident Victims

Compensation for Motorcycle Crash Victims There may be compensation available to injured people involved in motorcycle accidents, including:

Medical Costs: Emergency services, surgeries, inpatient stays, rehab, and long-term treatment.

Lost Earnings: Income missed while being off of work and any resulting diminished ability to earn.

Pain and Suffering: For the physical pain and mental distress that you have endured.

Bike & Gear: Property repair or replacement for the motorcycle and gear.

Permanent disabilities or disfigurement: The value of any lasting injuries.

Wrongful Death: In cases of fatalities resulting from an accident, remaining family may be able to file a claim.

During the entire process, Beverly Hills Injury Firm will fight for your rights
and strive to obtain the highest possible settlement for you.

FAQ's

What would have happened if I hadn’t been wearing a helmet?

Helmets are required by California’s laws, but you may still be eligible for compensation. For brain injuries in particular, not wearing a helmet could decrease your recovery.

Can I still claim damages if I partly caused the accident?

Yes. Your recovery will be reduced by the percentage of your fault under California’s comparative fault rule.

What happens if the at fault driver was without insurance?

You can still obtain compensation under your uninsured/underinsured motorist (UM/UIM) policy.

How long does it take for a motorcycle accident case?

It depends. Some cases resolve in a few months; it could take a year or longer, though, if litigation is required.

If a family member died in a motorcycle accident, what damages can I obtain?

You can file a wrongful death suit that includes damages for the loss of companionship, funeral expenses and lost future earnings.

Navigating the Legal Process

Working with a law firm such as Beverly Hills Injury Firm for your motorcycle accident lawsuit means that you are represented by an expert in the law relative to California. Our lawyers are known for their exceptional abilities and dedication to achieving the best results possible for our clients throughout our state.

If you have been involved in a motorcycle accident in California, contact Beverly Hills Injury Firm for personalized legal service. We are experts in motorcycle accident cases and we will fight to help you preserve your rights and get you the maximum compensation you are entitled to.

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Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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