Motorcycle Accident Lawyer in Los Angeles

Motorcycle crashes are among the most severe and devastating accidents that occur on California highways. In a traffic crash, motorcyclists' fatality rate is 28 times higher than for car drivers and passengers. Cars are becoming safer all the time, with more passenger security and the most sophisticated crash-avoidance assistive technology. On the other hand, motorcycle incidents have been on the rise for 22 years and now account for over 14% of all traffic fatalities, despite accounting for just 3% of all registered vehicles on the road. Motorcycle accident rates in California are much higher than the national average.

Find a Personal Injury Attorney After a Motorcycle Crash

The Most Common Reasons for Motorcycle Accidents

Your life went from loving the wind on your face and the sun on your back to pain, uncertainty, and everything else that comes with an accident in the blink of an eye. According to the National Highway Safety Administration, about 1% of riders are injured each year.

The majority of motorcycle accidents in the Los Angeles area are caused by another vehicle failing to give the motorcycle enough room to stop or failing to give the motorcycle the right of way. And incidents that do not involve another vehicle can be blamed on someone else if the highway was rendered dangerous by potholes or ridges.

Riders are aware that the risk of injury and deaths from motorcycle accidents is much greater than in a vehicle, but this does not absolve those who cause a motorcycle accident of their duty to make restitution for lost income, pay for medical treatment, or reimburse you for permanent injuries.

1. RESPONSIBILITY FOR MOTORCYCLE PRODUCTS

Motorcycle manufacturers and dealers, both domestic and international, are responsible for ensuring that bikes are protected when used for their intended purpose. People may file a product liability lawsuit to recover damages if their motorcycle breaks down.

You trust motorcycle manufacturers and retailers to produce and distribute goods that are in your best interests. It is their duty to keep you safe on the lane, which necessitates the manufacture and sale of road-ready and non-harmful goods.

Unfortunately, there are faulty motorcycles on the market, and if you ride one, you could be seriously injured. If this has happened to you, contact a motorcycle accident lawyer in Los Angeles to discuss your options. Then you will file a lawsuit and seek compensation. Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.

Motorcycle Defect Lawsuits in California

All goods, including bikes, must be durable and defect-free, according to retailers and manufacturers. Domestic and foreign manufacturers are also subject to product liability regulations. If you are involved in an accident while riding a motorcycle that is faulty or dangerous, a Los Angeles personal injury attorney will help you file a lawsuit.

Before filing a lawsuit, motorcycle accident lawyers must first decide if the case meets the necessary requirements to proceed. Basically, if your counsel can show that the motorcycle was not rationally safe when used as intended and caused you damages, you can proceed with your lawsuit.

What Kinds of Claims Are Acceptable?

Los Angeles personal injury attorneys who specialize in motorcycle goods liability evaluate the facts and determine which form of claim to file. California recognizes three different forms of product liability claims. Your personal injury attorney will file lawsuits for design flaws, production flaws, and marketing and advertisement flaws. When a product is manufactured according to instructions but contains a dangerous flaw that makes it impossible to operate the motorcycle safely, a design fault lawsuit is filed.

When a problem is created by the production process, a manufacturing fault case is filed. The producer disobeyed the designer's instructions, putting people in grave danger. Finally, when businesses fail to meet correct marketing guidelines, marketing and advertisement defect lawsuits are filed.

These types of claims are also known as failure to alert claims. When warning labels are required, manufacturers and retailers must have them. They should also never promote off-label motorcycle use. If they do, they will be vulnerable to product liability lawsuits from motorcycle accident attorneys.

How Can You Prove Motorcycle Defects and Liability After a Collision?

In motorcycle defect cases, Los Angeles motorcycle crash attorneys are the ones determining liability. There are four elements to determining responsibility for these claims in general. To begin, prosecutors must prove that the defendant distributed, built, or produced the motorcycle.

Second, prosecutors must show that the motorcycle was dangerously defective due to production, design, or marketing flaw. Your personal injury lawyer would then have to prove that you operated the motorcycle safely. You used it as directed, but the flaw put you in danger.

Finally, a motorcycle crash attorney must show that you were harmed as a result of the defect. It is not enough to simply ride a faulty motorcycle to have a lawsuit. You must have undergone some kind of loss.

2. ACCIDENTS IN THE CONSTRUCTION ZONE

Motorcyclists are at risk in construction zones due to debris, rough roads, and other factors. To determine liability, these allegations must be thoroughly investigated. These cases are often brought against the city, state, or construction company, but they may also be brought against other parties.

What Are Some of the Most Common Reasons for Motorcycle Construction Accidents?

Reduced lanes, uneven highways, negligent road construction, and increased traffic are all obstacles that motorcycle riders face when traveling through construction zones. A motorcycle accident is very likely to occur in these circumstances. As a result of the motorcycle crash, riders can sustain fractured or broken bones, as well as more serious injuries such as traumatic brain injury or spinal cord injury.

While there are many reasons why a rider could be involved in an accident while driving through a construction zone, the following are the most common:

• Driving while distracted. Motorists, whether on a motorcycle or in a vehicle, are prone to be distracted while on the road. Typically, people who are traveling through a congested construction zone use the time to send a text or make a phone call. They can collide with a motorcycle in the seconds it takes them to look away, resulting in an accident and possible injury.
• Speeding. When a motorist fails to notice or ignores the temporary signs posted in a construction zone, they are likely to be traveling faster than the cars around them. A speeding driver in a construction zone can rear-end an unwary motorcycle rider, resulting in a collision and serious injury.
• Gravel and litter on the ground. Roads that are under construction or near construction areas are often rough and uneven. Construction areas have loose dirt, mud, sand, debris, and long grooves that can easily cause motorcycle riders to lose control of their vehicle, resulting in an accident.
• Barriers on the road. Road barriers are physical barriers used in construction zones to hold traffic contained within a specific roadway. They are useful for vehicles, but in a construction zone crash, they can injure a motorcycle rider.
• Water, Puddles. Motorcycle accidents in construction zones are often caused by pools of water. Potential hazards such as manhole covers, potholes, and debris can be hidden by these puddles on the lane, causing riders to lose control of their bikes.
• Pavement that is uneven. Motorcyclists can find it particularly difficult to navigate through traffic in a construction zone due to the uneven or incomplete pavement and road drop-offs. When wet, the steel plates that are often used to cover potholes in the road become slick, and the uneven paving can cause a rider to lose control and crash into the pavement.
• Tailgating. Motorists who want the cars in front of them to go faster prefer to tailgate other vehicles or motorcycles. In a construction zone, tailgating a motorcyclist will result in severe injury because the rider can easily be rear-ended and thrown off their vehicle.
• Splits, shifts, and merges in the travel lanes. Motorcycle accidents in construction zones are often caused by changing traffic patterns. Traffic bottlenecks can be created by lane splitting, shifting, and merging. Cars that are going too fast or stopping too slowly can collide with a motorcycle rider.
• Erroneous road signs. Construction zones must be marked with barrels, cones, and work zone signs to indicate that work is being done. A motorcycle rider can be involved in an accident if road signs are obscured, missing, or improperly marked.
• Staff in the construction industry. In a construction zone, construction workers often direct or work in close proximity to oncoming traffic. Motorcyclists are at risk because they can trigger a car accident when attempting to avoid colliding with a worker who is in or near their direction.

Who Is Responsible for Road Hazards?

Road hazards are typically caused by a single individual or organization, most often due to negligence. If the hazard is caused directly by the construction or bad road conditions, the driver is unlikely to be held responsible. Instead, the losses incurred by a motorcycle accident in a construction zone would be the responsibility of the state, city, or construction company involved. Our prescreened Los Angeles motorcycle accident attorneys has a dedicated team of professionals that will assist injured motorcyclists in determining who is to blame.

Liability of the Construction Company

Construction firms are responsible for keeping construction zones secure, whether they are operating on roads or highways. Construction site managers are often expected to post the required signs in construction zones. If the corporation fails to do so, they can be held responsible for the losses incurred by their carelessness.

In a construction zone motorcycle crash, examples of construction company negligence include:

1. Alert and detour signs that are inaccurate, poorly mounted, or missing.
2. Operating equipment in areas where the view of the road ahead is obstructed
3. Heavy equipment and tools have been left on the lane, posing a threat to motorists.
4. Staff who can guide traffic were not available.
5. Lanes were not well marked.
6. Hazardous areas, such as potholes, were not marked, resulting in unsafe roads.
7. When running equipment at night, failed to use appropriate warning lights.

Liability of the driver

While most construction zone motorcycle accidents are caused by the negligence of the construction company, there are occasions when the rider is partially or completely to blame.

A rider is responsible if:

• A motorcycle rider collides with a vehicle that is following the rules of the road.
• An accident occurs when a rider becomes distracted and fails to notice the posted warning signs.
• A motorcycle collides with construction equipment or a correctly positioned warning sign.
• Detour signs confuse a horse, and he rear-ends a truck.

3. ACCIDENTS INVOLVING UNINSURED MOTORISTS

Uninsured motorists account for nearly 20% of California traffic, putting other motorists at risk. If you were involved in an accident caused by an uninsured driver, you would still be able to recover damages to cover your medical costs and other expenses.

If you or a family member was injured in a motorcycle accident in California as a result of a motorist's reckless conduct, you are likely feeling nervous, overwhelmed, and unsure about the future.

These feelings are amplified if your injuries were caused by a driver who is either uninsured or has inadequate insurance coverage to compensate you for your costs and damages. You may be shocked to hear that nearly 20% of California drivers do not have any form of an insurance policy.

This is particularly concerning since California law requires all motorists to have insurance coverage. California law, in particular, mandates that all motorists carry a minimum of "15/30/5" auto liability insurance coverage.

What Happens If You're Hit by a Driver Who Isn't Insured?

When you find that the irresponsible motorist has no or inadequate insurance, the presumption is thrown out the window, and you're left to wonder if you'll be paid for your injuries and damages or whether you'll be left physically and financially irreparably damaged.

Is it Possible to File a Claim Without Motorcycle Insurance?

If you or a loved one was seriously involved in a motorcycle accident caused by another driver, you might be limited in your right to seek financial redress for your losses and damages if you do not have your own car insurance. This is due to California's one-of-a-kind motorcycle insurance rule.

Uninsured motorists are essentially penalized by the "No Pay, No Play" law, which restricts their right to seek particular types of damages following an accident, including motorcycle crashes. According to the "No Pay, No Play" law, a motorist may file a lawsuit to seek financial restitution for economic damages incurred by another motorist's reckless conduct, such as reimbursement for medical costs, lost wages, and motorcycle harm.

California is one of only ten states that follows the "No Pay, No Play" law.

Non-economic losses, such as pain and distress, disfigurement, humiliation, and so on, will not be available to you. You won't be entitled to get compensation for potential medical costs, either. This may seem harsh, but keep in mind that the "No Pay, No Play" rule's overall goal is to motivate motorists to follow California's insurance laws by penalizing those who drive on roads and highways without adequate insurance coverage.

What Are the Penalties in California for Driving Without Insurance?

There are fines and consequences for failing to comply with California insurance regulations if you are involved in a major accident while riding your motorcycle and do not have enough insurance coverage.

As previously stated, you will almost certainly face the full wrath of the "No Pay, No Play" rule, which prevents you from seeking financial restitution for some forms of injuries and damages resulting from a collision. You could also face a monetary fine as well as the loss of your driving privileges.

If the motorcycle was hit by an uninsured or underinsured motorist

If you were riding your motorcycle and were struck by an uninsured or underinsured motorist, you probably have a lot of concerns about how to cover your medical costs, what to do about other fixed expenses like rent and car payments, and what damages you would be able to receive in a personal injury lawsuit.

Taking the time to meet with an accomplished and seasoned uninsured and underinsured motorcycle accident solicitor in Los Angeles is the perfect way to get answers to these questions.

4. T-BONE CRASHES

T-bone collisions typically occur in an intersection when a vehicle collides with a motorcycle from behind or when a motorcycle collides with the side of a car.

When you're on a motorcycle, and you get T-boned, it can be catastrophic. The car slams into the rider and flings him and his bike backward. The motorcyclist is fortunate to have escaped with just a fractured leg. Personal injury lawyer in Los Angeles will assist you or someone you know if you or someone you know has had a similar experience.

What Is a T-Bone Mistake?

When one car collides head-on with the wide side of another, it is called a "T-bone" collision. At the point of impact, the two vehicles form a "T." A side-collision is another name for it. The majority of these crashes happen at intersections, with one car being struck from the side when crossing. A broadside T-bone is one of the most dangerous collisions. The rider could be seriously hurt, and the bike could be severely damaged.

The vehicle hit side-on absorbs almost all of the kinetic energy. As a consequence, one leg could become entangled in the collision between the car and the motorcycle. What happens next is determined by the oncoming car's speed and the driver's reaction time when applying the brakes. Before bouncing off, the motorcyclist can slam into the car's hood. The motorcycle and its rider may even be thrown away from the vehicle.

5. REAR END WRECKS

Motorcycles can stop much quicker than a car or truck weighing thousands of pounds. When motorists fail to leave enough stopping space and collide with the back of a motorcycle that unexpectedly stops, serious motorcycle accidents occur.

Why are motorcycle riders more likely to die in rear-end collisions?

When motorcyclists are involved in crashes, they are often at a higher risk. If a motorcyclist is involved in a rear-end motorcycle collision, the risk increases. The motorcycle's back wheel can rise off the pavement due to the vehicle's force. The motorcycle can pitch forward. As a result, dumping the driver onto the ground.

The driver does not have enough time to stop the vehicle after the motorcyclist flies off the bike, depending on how fast he or she was driving at the time of the collision. The driver can then run over the motorcycle rider. One of the reasons for the high number of fatal motorcycle accidents is because of this.

A motorcycle can be pushed into the car in front of it when it is rear-ended. Between the two vehicles, the motorcycle and its driver can be crushed. This can result in severe internal injury, as well as death.

What Are the Most Common Causes of Motorcycle Rear-End Collisions?

For a number of purposes, a motorcycle may be rear-ended by a car:

1. Mostly, it comes down to driving while distracted. After being struck by someone who was distracted by a cellphone, children, or something else, several people contact a motorcycle accident lawyer in Los Angeles. Other drivers are put at risk when people take their eyes off the road to attend to something else. Distracted driving is to blame for some of the worst rear-end motorcycle collisions.
2. A motorcycle can also be rear-ended by a car if it follows too closely. Motorcycles take up less room and time to come to a complete stop. If a car follows a motorcycle too closely, the driver can not have enough time to respond if the motorcycle comes to a halt. The driver then collides with a motorcycle.
3. Driving while inebriated is also a cause for concern. The response time of a driver is affected by alcohol and drugs. When someone is inebriated, they are less likely to stop in time. Anyone who has been struck by an intoxicated driver should seek prompt legal assistance from a Los Angeles motorcycle accident lawyer. A rear-end motorcycle accident can also be caused by speeding. Speeding, like drugs and alcohol, impairs the ability to respond. The less time a driver needs to hit the brakes to stop a rear-end collision, the faster he or she is going. The results, unfortunately, can be fatal.

How Will a Rear-End Collision Be Avoided?

Rear-end collisions can be fatal, so take precautions to prevent one. These measures have the potential to save your life. To begin, avoid tailgating other vehicles. If you tailgate too closely, your motorcycle will collide with the back of a vehicle. Even if you're following too closely, you may have to slam on the brakes. The vehicle in front of you can then rear-end you. Maintain a safe distance at all times to avoid these issues.

You must also ensure that all drivers can see you. Upgrade your motorcycle's lights to make them more noticeable and vibrant. Before each flight, double-check that they are in working order.

Also, while driving in traffic, remove your earplugs. As pleasant as it is to shut out the noise, the noise might be necessary to save your life. You won't hear the screeching brakes behind you if you have your earplugs in. If you can hear an approaching crash, you'll have more time to respond.

Finally, while driving, make use of your rearview mirrors. Place the mirrors in such a way that you can see what's going on behind you. Keep your eyes peeled, and if anyone gets too near, switch to the other lane as soon as possible. Avoiding a crash by driving defensively is a great way to go.

6. ACCIDENTS IN LEFT-HAND TURNS

Left-hand turn accidents happen when a car fails to notice a motorcycle or misjudges its speed when turning into its lane, resulting in a collision.

When a motorist enters a lane without using a signal or in violation of another safety ordinance, it is considered an illegal lane change.

The following are some examples of dangerous turns that may result in a left turn accident:

• When changing lanes, failing to use a turn signal properly
• Failure to notice a vehicle in a nearby lane
• Failing to look for blind spots.
• Changing lanes in the middle of an intersection is a bad idea.

In a motorcycle accident involving a left-hand turn, who is at fault?

In order to effectively seek financial restitution for your harms and injuries, it is essential to establish blame in a motorcycle accident case. The fault is significant because it is needed to keep another driver accountable. When a motorist is found to be at fault for causing a left-turn crash, they must compensate the accident victim for their injuries and damages.

Proof that a motorist violated the law or breached an obligation owed to another person, such as a motorcycle rider, is required to determine blame. A motorist is prohibited from changing lanes or turning unless it is relatively safe to do so, according to California Vehicle Code 22107.

In addition, California law requires drivers to use their turn signals so that other drivers are aware that they are changing lanes. Both motorcycle riders and drivers of sedans, SUVs, trucks, and other vehicles must follow the same rules of the road.

When a driver tries to make an illegal lane change, they increase the chance of a left turn motorcycle crash. If a motorcycle crash happens as a result of a driver making an illegal left turn and the motorcyclists are seriously injured, the driver should face civil charges.

What Would You Do to Avoid a Left-Turn Collision?

Avoiding a left-turn collision can be difficult because, even if you ride your motorcycle safely, you may be struck and injured by another motorist who makes an illegal left turn.

The best advice for lowering the chances of being involved in a left-turn motorcycle accident is to drive safely and responsibly. This entails adhering to the posted speed limit, remaining alert, and making turns with caution.

If you operate your motorcycle in a safe and fair manner, you will be entitled to retain the services of a motorcycle accident lawyer and likely receive financial restitution for your harms and injuries if you are struck and sustain a serious injury in a motorcycle crash caused by another driver making an unsafe turn.

7. ACCIDENTS ON DANGEROUS ROADS

Debris in poorly maintained highways and surface damage are only a few of the factors that contribute to dangerous road collisions. While all drivers are at risk, motorcyclists are particularly vulnerable on unsafe roads and can sustain severe life-altering injuries.

What Factors Contribute to Motorcycle Accidents on Dangerous Roads?

When it comes to personal injury regulation, the word "dangerous road accidents" applies to construction firms or other road staff improperly repairing roadways or creating hazards on existing roadways. Cracked highways, damaged bridges, poorly repaired freeways, road debris, hazardous road conditions, and negligent workers tasked with maintaining all of the above may all contribute to the creation of conditions that lead to a devastating accident and personal injury.

You may be entitled to compensation if you were injured by scrap or road debris left by a construction worker or if you were injured by any item that dropped from a truck or motor vehicle. In this case, you are not responsible for any damages or injuries.

Please do not hesitate to contact a motorcycle accident attorney in California if you are involved in a motorcycle accident or some other motor vehicle accident. When negotiating with insurance providers, you'll want to hire a company that specializes in motorcycle accident situations like yours.

It is important to consult a motorcycle accident lawyer if you have been injured in an accident caused by dangerous road conditions.

What Are the Most Common Motorcycle Road Hazards in California?

The number of injured motorcycle drivers, fatal motorcycle incidents, and motorcycle accident victims in Los Angeles is rising, and official data is giving significant cause for concern. The demand for information on the most qualified and dependable motorcycle accident lawyer is also increasing.

According to NHTSA (The National Highway Traffic Safety Administration is a federal agency in the United States that is part of the Department of Transportation. ), there has been an approximately 5% decrease in motorcycle fatalities year over year.

Despite this, official statistics show that 4,985 motorcycle riders died in crashes in 2018. It's worth noting that motorcyclists make up a disproportionately large percentage of traffic fatalities.

Motorcycle crashes are on the rise, and there is no protection for the rider in the form of an airbag or a seat belt. Even small road debris that has no effect on a normal car can become a dangerous road condition and a real road hazard for a regular motorcycle rider, resulting in a serious motorcycle crash, serious injury, and road rash.

According to the same NHTSA figures, motorcycles account for just 3% of all registered vehicles, but they account for 14% of all traffic-related fatalities per year.

Another US industry association, the Insurance Information Institute, released a statistic on motorcycle accidents, and the numbers confirm that a regular motorcyclist is 29 times more likely than a regular motor vehicle driver to suffer a fatal injury, such as a brain injury or spinal cord injury, because the motorcycle rider is not protected by airbags or seat belts, unlike car drivers. Lack of security necessitates even further focus. If not, even minor road debris can result in a fatal motorcycle accident and wrongful death.

The following are some of the most popular road hazards:

1. Distracted driver – Debris or objects on the road are the most common causes of car accidents. A motorcycle accident and catastrophic injury can be caused by debris or any other object on the road.
2. Rough roads – Learning to ride a motorcycle takes commitment. Rough roads, on the other hand, can destroy your driving experience and leave you injured in a motorcycle accident.
3. Gravel on the road – A number of prominent motorcycle accident attorneys, researchers, and practitioners have listed distracted driving as one of the key factors. Gravel on the road can cause a motorcycle accident for any distracted driver, leaving the accident victims in pain, with severe injuries, and in desperate need of a reliable motorcycle accident lawyer to handle their injury claim.
4. Expansion joints – The main purpose of an expansion joint is to securely connect two sections. Expansion joints can often trigger a serious motorcycle crash, leaving the rider severely injured.
5. Open Bridge Joints – California bridges are an integral part of the daily lives of the state's 40 million residents. Open bridge joints, however, are one of the most common road hazards, according to an injured motorcyclist.
6. Slippery Roads –  Wet leaves, crosswalk lines, trolley tracks, other painted surfaces, and antifreeze or oil on the road are not particularly dangerous for a normal motor vehicle driver. All of the above conditions are critical for any motorcycle rider and can potentially become a dangerous road hazard, resulting in serious injury to the motorcyclist.
7. Edge breaks – Another road hazard that any motorcyclist should be aware of. Distracted driving and even the tiniest road hazard can result in a motorcycle accident and the need to file a lawsuit.
8. Train tracks and crossings – Los Angeles has a reputation for being a car city, which is understandable. You must also remember the fact that Los Angeles has a functional railway system, which includes railway tracks and crossings. Any motorcycle rider should be aware of their surroundings in order to prevent being injured in a motorcycle accident.
9. Random animals on the path – There are a variety of small animals that live in parks or on trees in Los Angeles' residential areas. Random animals on the road can pose a danger to motorcyclists and increase the number of motorcycle accidents in LA.

Who is in Charge of Keeping the Roads Safe?

Road protection is everyone's responsibility. Everyone who uses the road – cars, motorcyclists, truck drivers, pedestrians, police, parents, highway patrol – is responsible for road safety since it is a shared responsibility among the 40 Million Californians.

There are laws to obey, information to apply, conditions to remember, skills to learn, and different situations to encounter, as well as habits to create.

Road and transportation safety is a strategic pillar of one of the most critical infrastructures in the United States, and it is governed by a number of Department of Transportation agencies and other Federal agencies, including:

• The National Transportation Safety Board (NTSB) is a federal agency (NTSB)
• NHTSA stands for the National Highway Traffic Safety Administration (NHTSA)
• The Office of Roadway Safety of the Federal Highway Administration
• The Federal Motor Carrier Safety Administration is in charge of ensuring the safety of commercial vehicles (FMCSA)
• The Office of Railroad Safety of the Federal Railroad Administration

The most important aspects of the infrastructure that keeps California moving, diverse, and always connected are roads, freeways, highways, bridges, and transit systems. Various government departments and private groups assess the highways and transportation systems in Los Angeles on a regular basis. The value of providing a good and stable infrastructure cannot be overstated.

Meanwhile, the American Society of Civil Engineers (ASCE) analyzes and reviews roads and infrastructure systems in the United States and publishes the results of studies every four years, according to the Los Angeles Road Safety Overview introduced by Safe Roads USA. It is deeply regrettable to report that the state of California's roads and highways earned a "D" rating in 2017.

According to the American Society of Civil Engineers, almost half of all roads in Los Angeles are in poor condition and need substantial funding for repair and reconstruction. Los Angeles roads are classified as "roads in bad condition" due to potholes, unsafe layout, broken signage, insufficient lighting, and uneven surfaces.

Find A Motorcycle Accident Lawyer in California

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