Motorcycle accidents are considered to be the most dangerous type of road accidents. Since these vehicles do not offer structural protection against injuries, those injured are often seriously hurt. Most injuries can cause prolonged pain and suffering. In such cases it is important to be properly reimbursed for your medical bills, pain and suffering and emotional trauma. If you find the information in this article contact our motorcycle accident attorney Los Angeles for a free evaluation of your bike accident claim.

Statistics for Motorcycle Accidents:

Based on national data, Motorcycle accidents have witnessed a dramatic rise, Motorcycle accident deaths have increased every year between 1997 and  2008, a 150% increase

  • Over 50,000 people are injured annually from motorcycle accidents;
  • Over 10% of accidents on roads and highways involve a motorcycle;
  • A motorcycle operator who wears a helmet is more likely to suffer reduced injuries;
  • There are over 5 million registered motorcycles in the U.S.;
  • There are over 1,500 motorcycle deaths each year;
  • Almost half of the fatalities are attributed to excessive speed;
  • Head injuries, including traumatic brain injuries and moderate brain injuries are the most common type’s injuries;
  • Passengers riding in a side car or behind the motorcyclist were more likely to suffer serious injuries;
  • Most motorcycle operators carry insurance of some kind;
  • Most accidents involving a motorcycle were caused because the motorcyclist right of way was violated;
  • Road issues including, pot holes, ridges or other road defects attributed to less than 5% of the accidents;
  • Males at a greater risk than females:  85% of all Motorcycle accident victims are male.

The  late Spring and Summer months have the highest occurrence of motorcycle accidents; with the months of June, July and August being the peak months. Approximately 56% of all Bike crashes involves multiple vehicle collisions while 43% are single vehicle accidents.  40% of all motorbike accidents take place in intersections.

California Motorcycle Laws – Ridership Laws

Motorcycle laws are designed to protect the motorcyclist. California’s legislature took the position that Motorcycle riders are more exposed and prone to dangerous or fatal accidents. Thus, most laws are designed to protect the motorcyclist from injury. California motorcycle laws require the following:

  • Headlights are required anytime after sunset;
  • You must be at least 18 years of age to operate a motorcycle;
  • Handlebars cannot be above six inches above the riders shoulders;
  • Motorcycles are covered under California Lemon Laws;
  • Motorcycles are required to have both left and right-side mirrors;
  • A spark arrestor is required by law;
  • California law requires that riders wear a helmet when operating a motorcycle;
  • Insurance coverage is required for motorcycle riders;
  • Passengers are also required to wear a helmet when riding a motorcycle or side car;

A full list of motorcycle laws can be found here.

Liability for Injuries – Who Can be Held Responsible for My Injuries in a Motorcycle Accident

A common question asked is who is liable for my injuries? When you are involved in motorcycle accident you can suffer serious injuries. Liability will depend on whether the injury was caused by negligence of the other driver. To determine this it may require accident reconstruction experts to understand who is at fault.

Most accidents occur because the rights of the motorcyclist were violated to some degree. Accidents can be caused by improper U-turns or lack of signal. It is important to impose liability where proper and to hold that party responsible. The statute of limitations for motorcycle accidents are generally two years and can be extended under certain circumstances. However, it is important to pursue your cause of action as soon as possible.

Delaying the pursuit of a possible claim for your damages can harm your overall recovery. It is important to get a full analysis of your injuries and make a proper claim to the defendant’s insurance company. If you or someone you know has been an injured contact Downtown L.A. Law’s motorcycle injury attorney. Our offices can offer you proper representation and procure maximum results.

Common Injuries caused by Biking Accidents

Motorcycle injuries can vary depending on speed and type of accident. Common lists of injuries include:

Motorcycle Accident Deaths – Wrongful Death Lawsuits by Family of Victim:

In many cases severe injuries in motorcycle crashes result in the death the accident victim.  California Wrongful Death Law California Civil Procedure section 377.60-377.62 outlines wrongful death and who can bring a lawsuit for injuries. The following parties can bring forth a claim for a wrongful death lawsuit:

  • The surviving spouse, domestic partner or child can bring a lawsuit. If no such persons exist then the surviving relatives would be able to step in their place in bring a cause of action.
  • Minors can bring a cause of action if they lived at the residence of the deceased for 180 days prior to the incident and depended on the deceased party for half of their income or support.
  • Domestic partners who were in a registered domestic partnership under the family code

Motorcycles Accidents and Traumatic Brain Injury:

Traumatic Brain Injuries are commonly associated with motorcycle accidents.  California State legislation requiring the wearing of motorcycle helmets have reduced the incidents of motorbike related head trauma.  However brain damage can still take place even with the proper use of a motorcycle helmet.  Recent estimate show that 20 percent of motorcycle accident involving non helmet use lead to brain injury.  However, near 14 percent of motorcycle crashes involving helmet use also lead to traumatic brain injuries.

Hospital Costs and Motorcycle Brain Injuries: According to estimates an average hospital charge of motorcyclists who did not suffer head injuries was $2,300; while the average hospital bill of a motorcycle head and or facial injuries was $74,000.

What do I do if I have been contacted by an Insurance Adjuster?

An insurance company defense claims adjuster, will try to minimize the seriousness of a motorcycle accident injuries.  Their goal is to reduce your compensation as much as possible.  Don’t let this happen, you need ti me to heel your wounds let us fight the insurance companies for you.  If you have been involved in a motorcycle accident in California by an Insurance adjuster regarding your motorcycle injuries is it vital that you ask them to contact you at a different time.  Do not mention any details regarding your accident and injuries.  Next, contact a skilled Los Angeles Motorcycle Attorney for a consultation regarding your matter.  Often insurance companies have used what you mention over the phone against you so as to lower your compensation.

At Downtown La Law our Los Angeles Motorcycle Accident Lawyers won’t shy away from confronting Insurance companies, forcing them to pay the claim you deserve for your injuries.

Trusted Motorcycle Injury Legal Team – Compensation for a Motorcycle Injury Claim

The monetary compensation for an injury is based on several factors that will be determined through thorough analysis of your injuries and a future medical needs.

Your doctors including neurologists, and physical therapist, can probably give you a good indication of the severity of your injuries and whether long term or permanent damage has taken place.  Compensation is often base on your

  • Medical Expenses: Medical expenses include all medical bills and costs
  • Future Medical Expenses: Unfortunately, the effects of a car accident can often be felt for months, years, or even a lifetime after the injury occurred.
  • Lost Wages: After an accident, you are entitled to any income you lost.
  • Loss of Earning Capacity: In addition to current lost wages, victims of brain injuries are eligible to receive compensation for future lost wages.
  • Pain and Suffering:  Including Post Traumatic Stress Syndrome, Anxiety and depression resulting from your brain injury
  • Permanence of your injury:  Often time brain injuries are irreversible leading to permanent lifelong disabilities which may require rehabilitation and long term care

Experience Motorcycle Injury Lawyers:  If you have been injured in motorcycle accident and find the information in this article helpful, contact the law offices of Downtown L.A. Law. Our attorneys can offer you an accurate analysis of your legal rights and help you with your claim. We will aggressively pursue your rights and will not settle until we are sure you are satisfied.

Learn why Downtown L.A. Law has been voted one of the best law firm in Los Angeles by our clients.

Resources:

Motorcycle Helmet Defects

Motorcycle Safety Information