Motorcyclists are far more vulnerable than other road users, and being involved in a motorcycle accident can cause serious and sometimes life-altering injuries, as well as property damage. If you’ve been involved in an accident while riding, working with a motorcycle accident attorney can help you receive the damages you’re entitled to for your injuries.
Causes of Motorcycle Accidents
Like other types of automotive collisions, motorcycle accidents can have various causes, ranging from driver negligence to weather conditions. Common causes include:
- Speeding
- Distracted driving
- Lane splitting
- Unsafe lane changes
- Poor road conditions
- Poor visibility
- Collisions at junctions
- Driving while under the influence of drugs or alcohol
- Vehicle defects
The above are just a few of the possible causes of motorcycle accidents. There are many others, and an attorney can help you demonstrate the cause and prove fault as part of your claim for damages.
Common Injuries Sustained by Motorcyclists
Motorcycle accidents can result in a variety of injuries, ranging from relatively minor issues such as bruising and contusions or road rash, to severe injuries that can have a long-term impact on a person’s quality of life. Injuries sustained by motorcyclists may include:
- Broken or fractured bones. Fractured femur, pelvis, shin, or forearm bones are common results of motorcycle accidents.
- Head and neck injuries. Strain on the head and neck due to coming to a sudden stop can cause whiplash-type injuries. If the motorcyclist hits a vehicle or the road when they come off their bike, this could lead to traumatic brain injury.
- Spinal injuries. In addition to the neck, the thoracic spine is also vulnerable to damage during a motorcycle accident, and spinal injuries can lead to severe pain or paralysis.
- Hand or arm injuries. Landing on an arm can result in lasting nerve damage. The leather jackets and pads worn by motorcyclists are designed to reduce this risk, but serious accidents can lead to victims losing the ability to move their hands or arms.
- Burns. In addition to the previously mentioned road rash, burns are a common injury sustained in a motorcycle accident. If a gas tank ruptures during an accident, and the victim is unable to get clear of the vehicle quickly, they could suffer severe burns.
Motorcyclists who wear leathers and a helmet are less likely to suffer severe injuries, but even with these precautions, a high-speed collision or loss of control of a motorcycle can result in bodily harm.
Motorcycle Laws in California
An individual must be at least 18 years old to ride a motorcycle in California. All motorists must hold a learner’s permit before they can apply for a motorcycle license. Those under the age of 21 must hold a learner’s permit for at least 6 months before applying for a license.
Motorcyclists in California must wear a helmet that complies with the US DOT Federal Motor Vehicle Safety Standard (FMVSS) 218. Failure to do so may result in a $250 fine and up to 1 year of probation.
California allows motorcyclists to engage in lane splitting if it’s safe to do so. Lane splitting refers to the practice of driving between two lanes of traffic to get around or past another vehicle. Motorcyclists may do this on California state roadways as long as traffic isn’t stopped or congested. However, lane splitting using the shoulder of a road isn’t permitted. It’s illegal for motorists to prevent motorcyclists from lane splitting in slow traffic, and it’s also illegal for motorists to open their car doors (or leave them open) in potentially unsafe situations.
It’s important to be aware of these laws because many motorcycle accidents involve a rider colliding with a car door that was opened in their path, or during lane splitting. A motorcycle accident lawyer can clarify these laws and help accident victims make a claim for damages.
What To Do After a Motorcycle Accident
If you’re involved in a motorcycle accident, your first priority should be getting to safety. If necessary, call 911 to get help for those who are injured.
Document the accident and take photos of the scene if it’s safe to do so, and exchange contact details with others involved in the accident and any witnesses.
Keep in mind that even if you feel OK after the accident, adrenaline may be masking pain, and you should see a doctor to ensure you’re healthy. Some injuries can take time to show their full effects. Keep receipts for anything you spend money on as a result of the accident, including medical treatment, taxi fares because your bike is off the road, and other expenses.
Contact your insurance company and an accident attorney as soon as possible, so you can start the claims process while the accident details are still fresh in your mind.
Keep a diary and document the ways the accident has affected you, including any symptoms caused by your injuries, and any activities you now struggle to participate in. Document other related issues so they can be included in a claim, such as if you’re unable to work, need help with the activities of daily living, or have to make modifications to your home due to loss of mobility.
Who Can be Held Liable for a Motorcycle Accident?
California is a pure comparative negligence state, which means the level of fault of each party involved in an accident must be determined as a part of the process of assessing liability for damages. In most cases, fault will be attributed to or split between the motorcyclist and other road users involved in the accident. However, in some cases, there are other parties who could be considered liable. For example, if a motorcyclist hits a motorist who lost control of their car due to a manufacturing defect with the brakes, the car manufacturer could be held liable.
A motorcycle accident injury attorney can look at the circumstances of your accident and assess who may be liable in your specific case.
Damages You Can Receive in a Motorcycle Case
As part of a motorcycle accident case, you may be able to claim damages relating to:
- Medical care
- Loss of earnings
- Property damage
- Pain and suffering
The amount of damages you can receive depends on your level of fault. If you can prove the other party was negligent, this may help your case.
How a Personal Injury Lawyer Can Help
Working with a motorcycle accident attorney in Riverside can take the stress out of making a personal injury claim and give you the best chance of receiving the level of damages you’re entitled to. Contact BD&J Injury Lawyers today to discuss the details of your motorcycle accident and start the claims process.
