Being injured in a motorcycle accident
is different than other types of roadway collisions. This is because motorcycle riders have no outside protection. Other than a helmet and a jacket most motorcyclist have no other means of protecting their bodies from serious injury. As a result when they are involved in an accident they generally suffer serious injuries. While statistically most accidents happen because of a vehicle collision, other happen because of a defective road condition
. Defective road conditions including, pot holes, debris left on roads or other structural defects can cause serious injuries. Motorcyclist cannot anticipate these issues, and they occur within seconds, without offering them time to react. As a result the motorcyclist can suffer serious injuries.
How long do I have to file? – Statute of Limitations for Highway Defects Accidents
Unlike a regular personal injury lawsuit, a lawsuit for a defective road condition can be different. First you are generally suing a public entity. Unlike, a private company or person, public entities have different rules. Generally, with a lawsuit against a public entity or city you have 6 months from the date of the injury to file a lawsuit. If you do not file a claim or lawsuit to preserve your rights within that time period, you will lose your chances to recover for your injuries. That is why acting to preserve your rights is so important to your ability to succeed in such lawsuits.
How do I know if the road is defective?
There are a number of ways to determine whether a road is defective. Once we speak with you our offices will obtain the location of the incident and conduct a full investigation. We may use an expert to give an opinion with regards to the road condition. Most cities or municipalities are required to repair these defective or dangerous condition when they have notice. It is required that they make the needed repairs within a reasonable period of time. If the city has notice and fails to act then it would be considered negligent and thus liable for injuries suffered.
What are the most common motorcycle accident injuries?
Injuries depend on a number of different factors including speed and angle of the collision. A common list of injuries include:
- Fractured bones;
- Eye injuries;
- Dental injuries;
- Hearing loss;
- Brain injuries;
- Cracked or broken ribs;
- Broken femur;
- Broken bones;
- Spinal cord injuries;
- Leg injuries;
Consult with your attorney to better understand your rights.
Should I give my insurance company a statement?
Absolutely not, there should be no statements made to your insurance company. Insurance companies can and will use those statements to deny liability. It is important to have your attorney send a letter of representation so that any communication will be between the insurance company and your attorney. Knowing what information to provide to insurance companies is important to your case. Make sure you have retained an attorney before making any statements.
Who is liable for an accident cause by a roadway issue?
Commonly with regards to motorcycle accidents caused by defective roads, the city, county or municipality can be held liable for the injuries. A city will be held liable if they had notice of the defect or damaged road, but failed to act in order to correct it. In such cases they would be held liable.
Do we handle other motorcycle injuries?
Our office handles any motorcycle accident case. This includes injuries form a motorcycle accident, defective motorcycles or those caused by defective roads.
What to do after my accident?
If you have been involved in a motorcycle accident seek medical attention this should be your main priority. After treatment, make sure you take photos and preserve any information needed. Keep all documents including adjusters names, witness names, license plate information, police reports or any other available info. Present all this information to your attorney at the time of your free consultation. From there your attorney will take needed steps to get in touch with the insurance company.
Who pays for my medical bills?
If you do not have insurance you can speak to your attorney about being referred to a physician in their network. Downtown L.A. Law has a network of physicians who can help, let us know if you need a physician referral.
Do I pay for my lawyer fees up-front?
All lawyer fees are on a contingency fee basis. Our payment is taken after any settlement award is disbursed. We charge nothing unless we are successful in our recovery.