Motorcyclists are particularly vulnerable not just because they lack the protection, but because they are smaller. This disadvantage makes motorcycles harder for other motorists to notice on the road. It also means that motorcycles and their passengers are more likely to be thrown farther in the event of a wreck.
Motorcycles are also more vulnerable to a wreck because other motorists don't always keep a close enough eye out for them. Only 8% of households own a motorcycle, which provides us a rough estimate of how common motorcycles are on US streets. Because motorcycles aren't as common as normal passenger cars, drivers may be less likely to watch out for them.
For instance, a motorcycle riding in a motorist's blind spot or crossing through an intersection at a 2-way stop may be less likely to be seen by a driver who is only watching for other passenger cars.
Because motorcycles are harder to spot than other vehicles, motorcyclists should always drive defensively. Bikers can never assume that other motorists can see them, especially the drivers of vehicles in front of them. Motorcycle crashes typically happen when motorists:
A motorcycle gives you little protection in a collision. This means your body ends up taking the full force of the impact with another vehicle.
Often, this leads to life-threatening and life-altering injuries to motorcycle accident victims. In fact, almost 5,000 motorcyclists died in crashes in just one recent year.
While motorcycles only make up 3 percent of registered vehicles, motorcycle accidents result in 15 percent of all vehicle accident deaths. Not every motorcycle accident will result in death, however it shows the severity these kinds of accidents cause.
Some usual injuries are:
That's not to say that survivors can never resume a normal life, but it may take some time and effort, including physical rehabilitation. A motorcycle accident attorney can help you recover the compensation required to pay for those treatments.
As these facts suggest, motorcyclists hurt in collisions are commonly the victims of negligence. Every negligence claim is comprised of four major elements: a duty, a breach of that duty, an injury caused by the breach, and damages sustained by the plaintiff. Drivers of motor vehicles owe a duty of care to everyone else who uses public thoroughfares. That includes bicyclists, pedestrians, and various other drivers-- including motorcyclists.
When a motorist violates that duty by being careless, inebriated, tired, or distracted, and ends up causing a crash which leads to injury or even wrongful death to another person, the driver might be held civilly liable to the injured party. They can pursue a negligence case with the help of a motorcycle accident attorney in Burbank.
A motorcyclist wounded in an accident might have a claim if he can demonstrate that another driver was at fault. When a motorcycle driver has obeyed all of the traffic laws however is still involved in a crash, chances are that it has been caused by the driver of another vehicle. It could be not seeing the motorcyclist, speeding, being inebriated, or a combination of the three.
If You Have Been Involved in a Motorcycle Accident, immediately contact the police to make a report if they are involved in an accident. This is especially true if there is an injury or death.
If immediate medical aid is necessary, provide what aid you can, seek assistance, and call emergency medical assistance. If you are the one that is injured, you should seek immediate medical help. Even if your injury seems small and you do not need immediate help, it is a good idea to seek medical care, as some injuries are not immediately noticeable.
Additionally, at the scene you need to collect the contact and insurance information for the other parties. And you also want contact information for independent witnesses, as investigating police officers don't always gather that info.
Contact a motorcycle accident lawyer soon after the crash. We highly recommend that you do this before speaking with any insurance provider.
After your accident, along with speaking with the police and obtaining any necessary medical attention, you need to consult with a qualified and knowledgeable personal injury attorney with experience handling motorcycle crashes. Serving victims throughout the Burbank area, the motorcycle crash attorneys at Tim D. Wright can help you.
Too often, accident victims believe that an insurance provider-- either their own or the other driver's-- will adequately compensate them for any injuries they have sustained. However, lots of insurance providers are unwilling to pay, even when liability and injuries are obvious. This is especially true when the damages are significant.
Even when an insurer appears liable, be wary. Many insurance adjusters will attempt to settle insurance claims quickly. They will advise you to sign an agreement that will let them close the case-- and thereby limit their exposure.
Even if the offer appears sufficient or even generous, it is vital to make sure your rights are protected. Consult an attorney and make sure you know the consequences of the agreement.
The truth is, not all injuries are readily apparent. And for some serious injuries, even if you anticipate full recovery, you can not be certain that the complete recovery you expect will materialize.
In those instances, signing a release of claims prematurely can reduce your settlement to an amount that is substantially less than what you need or what you legally have a right to recuperate. Severe injuries may include:
And, obviously, some motorcycle crashes are fatal. If someone you love has been killed in a motorcycle crash, contact a lawyer to determine whether there's a wrongful death action to pursue against a negligent motorist.
Yes, as a motorcycle passenger, you have the right to file a claim against the at-fault party, which may be the driver of the motorcycle, another vehicle, or even a government entity if road conditions contributed to the accident.
Yes, you may be able to seek compensation for emotional distress as part of a motorcycle accident claim if you've suffered severe emotional or psychological trauma due to the accident. Emotional distress damages are intended to compensate you for the mental anguish and suffering caused by the accident.
Whether you can file a claim after a motorcycle accident without wearing a helmet depends on the laws in your jurisdiction and the specific circumstances of the accident. Some states have helmet laws that may impact your ability to recover compensation.
Yes, you can still file a claim; however, not wearing a helmet may impact the compensation you receive. California law requires helmets for motorcyclists, and failure to wear one may be argued as contributory negligence in an accident.
Yes, you may still be entitled to compensation—even if you weren’t wearing a helmet. California follows a rule called comparative fault, which means your compensation could be reduced, but not automatically denied.
If your injuries were worsened by not wearing a helmet, the insurance company might try to argue that you share some responsibility. However, if the accident itself was caused by another driver’s negligence—like texting while driving or running a red light—you can still hold them accountable.
Every motorcycle accident is unique, so it’s important to have an experienced attorney review your case. We’ll help fight for the maximum compensation you're entitled to, whether for medical bills, lost wages, or pain and suffering.
Depending on the laws in your state, your decision not to wear a helmet may impact your ability to recover compensation after a motorcycle accident. An experienced attorney can help you understand your legal options. In California, it is illegal to ride a motorcycle without a helmet. If you are involved in a motorcycle accident and were not wearing a helmet, you may still be able to recover compensation for your injuries. However, the other party may argue that your decision to not wear a helmet was a contributing factor to your injuries, and this could reduce the amount of compensation you are able to recover. The experienced motorcycle accident attorneys at Tim Wright Law Firm can help you understand your legal options and determine the best course of action for your case.
While you're not required to hire a lawyer for a motorcycle accident case, having legal representation can significantly increase your chances of obtaining fair compensation. A lawyer can navigate the legal complexities, negotiate with insurance companies, and advocate for your rights.
It's generally recommended to call the police after a motorcycle accident, especially if there are injuries, significant damage, or disputes over fault. Police presence helps document the scene and create an official report, which can be crucial for insurance claims and legal proceedings.
Yes, it's essential to exchange insurance information with the other parties involved in the motorcycle accident. This information will be necessary when filing an insurance claim for property damage or injuries sustained in the accident.
To protect your rights after a motorcycle accident, document the details of the accident, seek medical attention promptly, preserve evidence, avoid giving recorded statements to insurance adjusters without legal representation, and consult with a personal injury lawyer as soon as possible.
When it comes to motorcycle accidents, it can be difficult to determine if you have a case without the help of a legal expert. That's because these types of accidents can result in serious injuries and damages, and the legal process can be complex. An experienced personal injury attorney can help you determine if you have a case by reviewing the circumstances of the accident. They can investigate the accident scene, gather evidence, and interview witnesses to build a strong case on your behalf. In addition, a personal injury attorney can help you navigate the legal process, including filing a claim with the insurance company and negotiating a settlement. If necessary, they can also represent you in court to ensure that your rights are protected. If you have been involved in a motorcycle accident, it's important to seek legal advice as soon as possible. Contact Tim Wright Law for a free consultation with a knowledgeable personal injury attorney. They can help you understand your legal options and fight for the compensation you deserve.
Under comparative negligence, you may still recover compensation even if partially at fault for the accident. Your compensation will be reduced by your percentage of fault. For example, if you're found 20% responsible, your award may be reduced by 20%.
The statute of limitations for filing a claim after a motorcycle accident varies by state. In most cases, you have a limited window of time, typically ranging from one to three years from the date of the accident, to file a claim. It's crucial to act promptly to avoid missing the deadline.
The statute of limitations for filing a lawsuit after a motorcycle accident varies by state, but it's generally two to three years. It's important to consult with an attorney as soon as possible after the accident to ensure you don't miss any important deadlines. In California, the statute of limitations for filing a lawsuit after a motorcycle accident is two years from the date of the accident. It is important to note that this time limit may be extended in certain circumstances, such as if the injured party was a minor at the time of the accident. It is best to consult with an attorney as soon as possible to ensure that you do not miss any important deadlines.
The statute of limitations for motorcycle accident claims in California is typically two years from the accident date. Filing within this period is essential, as missing the deadline may prevent you from recovering compensation.
The time it takes to settle a motorcycle accident case varies depending on factors such as the complexity of the case, the severity of the injuries, and the willingness of the parties to negotiate. Some cases may be resolved within a few months, while others may take longer to reach a settlement or verdict.
Many personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case. Their fee is typically a percentage of the settlement or award, and you won't owe any upfront fees.
If it's safe to do so and doesn't compromise your safety, you can move your motorcycle to the side of the road to prevent further accidents. However, if there are serious injuries or disputes over fault, it's best to leave the motorcycle in place until the police arrive.
Similar to car accidents,many things can go wrong on the road, especially if a driver is inexperienced or driving negligently. Common causes of motorcycle accidents are: Speeding, Unsafe or illegal lane changes, Lane Splitting, Drunk or drugged driving, Equipment defects, Sudden stops, Driver negligence, Distracted driving, Poor road conditions (such as potholes, debris, or inadequate signage), and/or Poor weather conditions (such as rain, snow, or fog). It is important to note that even if a driver is not at fault, they may still be held liable for any injuries or damages caused by the accident. Tim Wright Law Firm or another experienced attorney can help you understand your legal options and determine the best course of action for your situation.
Common injuries include fractures, traumatic brain injuries, road rash, spinal cord injuries, and internal injuries. You may claim compensation for these injuries, covering medical bills, pain and suffering, and potential long-term care costs.
Common causes include driver negligence (like failing to see motorcycles), speeding, unsafe lane changes, poor road conditions, and distracted driving. Understanding these causes can help in proving liability in a motorcycle accident claim.
In a motorcycle accident case, you may be able to recover various damages, including medical expenses, lost wages, pain and suffering, property damage, rehabilitation costs, and emotional distress.
If you were partially at fault for the motorcycle accident, it may impact the amount of compensation you are eligible to receive. An experienced attorney can help you understand your legal options.
If you were partially at fault for the motorcycle accident, it may affect your ability to recover compensation depending on the laws in your state. Some states follow a comparative negligence system, where your compensation is reduced based on your percentage of fault. Others follow a contributory negligence system, where you may be barred from recovery if you're found even partially at fault.
If you've received a settlement offer from the driver's insurance company, it's essential to review it carefully and consider whether it adequately compensates you for your losses. You may want to consult with a personal injury lawyer before accepting or negotiating the offer to ensure that your rights are protected and that you receive fair compensation.
If the driver who hit you doesn't have insurance, you may still be able to seek compensation through your own insurance policy's uninsured motorist coverage. This coverage can help cover your medical expenses and other damages resulting from the accident.
If you've been involved in a motorcycle accident with an uninsured driver in California, it's important to understand your legal options for recovering compensation for your damages and injuries. While California law requires all drivers to carry liability insurance, some drivers may still choose to drive without it, leaving you vulnerable if you're in an accident with them. If you have uninsured motorist coverage, you may be able to recover compensation for your damages and injuries through your own insurance policy. Uninsured motorist coverage is designed to protect you in the event that you're in an accident with a driver who doesn't have insurance or doesn't have enough insurance to cover your damages and injuries. To ensure that you receive the full compensation you're entitled to under your uninsured motorist coverage, it's important to consult with an experienced personal injury attorney. At Tim Wright Law Firm, we have a team of knowledgeable attorneys who specialize in handling motorcycle accident cases involving uninsured drivers. We can help you understand your legal options and fight for the compensation you deserve. Contact us today for a free consultation with one of our attorneys. We'll evaluate your case, answer your questions, and help you understand your legal rights and options. With our help, you can get back on the road to recovery.
Collect the other party's name, contact information, driver's license number, vehicle license plate number, insurance details, and the make and model of their vehicle. Also, gather contact information from any witnesses present at the scene.
Avoid discussing details or accepting a settlement without consulting an attorney. Insurance adjusters may try to minimize your claim; an attorney can handle communications to ensure you pursue fair compensation.
Seek medical attention, document the accident scene with photos, gather witness information, and file a police report. Contacting an experienced motorcycle accident attorney can also help protect your rights and guide you through the next steps.
After a motorcycle accident, ensure your safety by moving to a safe location if possible. Check yourself and others for injuries, and call emergency services if needed. Preserve the accident scene by taking photos and exchanging information with other parties involved.
When choosing a lawyer for your motorcycle accident case, consider factors such as their experience handling motorcycle accident cases, track record of success, communication style, responsiveness, and willingness to take your case to trial if necessary.
To prevent motorcycle accidents in the future, follow traffic laws and signals, wear appropriate safety gear such as helmets and protective clothing, use lights and reflectors when riding at night, avoid distractions while riding, and stay alert to your surroundings. Additionally, consider taking a motorcycle safety course to improve your skills and knowledge of safe riding practices.
Compensation may include medical expenses, lost wages, pain and suffering, rehabilitation costs, property damage, and, in severe cases, loss of earning potential. An attorney can help evaluate the full scope of damages.
Liability may fall on the government entity responsible for maintaining the road. However, these claims have special filing requirements, often with shorter deadlines (usually six months). A lawyer can guide you through the process.
Yes, your health insurance may cover medical expenses from a motorcycle accident. However, you may still be able to seek compensation for these expenses through a personal injury claim, especially if the accident was caused by someone else's negligence.
Not all motorcycle accident cases go to trial. Many are resolved through settlement negotiations between the parties involved. However, if a fair settlement cannot be reached, your case may proceed to trial, where a judge or jury will determine the outcome.