Have you recently been involved in a motorcycle accident? If so, you likely have questions about the future:
- What are the extent of my injuries?
- How will I pay my medical bills?
- Am I entitled to compensation for the accident?
A motorcycle accident lawyer can be a key resource for you. At The Capital Law Firm, our attorneys have experience with these types of crashes. They understand and can explain the often-complicated legal process to you. They can also help you determine the amount of damages you should be seeking.
Your main focus after a motorcycle accident should be your recovery. We can help by taking the stress of fighting for compensation off of your plate. In times like these, you need a legal ally who knows the value of seeking justice and compensation for your loss.
The Capital Law Firm will build your case and file your claim. We will communicate with police, insurance companies, and other lawyers on your behalf.
The Capital Law Firm stands as your ally during what can be a trying and confusing time. Our office is not just a legal office. We provide a trusting environment for our clients. We believe in winning by caring!
In the following sections, we will explain how a Los Angeles motorcycle accident lawyer can help you. We aim to educate our clients and guide them through the entire legal process. At The Capital Law Firm, we are committed to fighting for your rights and getting you the compensation you deserve.
Causes of Motorcycle Accidents in California
Motorcycle accidents in California have many causes:
- Lane Splitting: Lane splitting is when motorcyclists ride between lanes of slow-moving or stopped traffic. Lane splitting is legal in California under certain conditions. However, if it is not done safely by a motorcycle rider, it can lead to accidents
- Driver Negligence: The most common cause of motorcycle accidents is the carelessness (negligence) of other drivers. Other cars may not check their blind spots. Or, they might not yield the right of way.
- Speeding: Speeding by any driver can lead to an accident. Driving at high speeds gives you less time to react. It can lead to severe injuries.
- Impaired Driving: Being under the influence of alcohol or drugs while driving is dangerous. Not only can it lead to severe injuries, it is against the law.
- Distracted Driving: Drivers who are on their phones are considered “distracted.” They may not see a motorcyclist until it’s too late to avoid a collision.
- Road Conditions: Poor road conditions can be dangerous for drivers. Motorcyclists may have to swerve to avoid things like potholes or debris. This can lead to accidents.
- Intersections: Many accidents happen at intersections. Drivers may not yield the right of way. Or, someone may not stop for a red light or stop sign.
- Weather Conditions: Rain, fog, and other poor weather conditions can also lead to accidents. They may reduce visibility and road grip. This makes accidents more likely.
- Inexperienced Motorcyclists: Riders who don’t have experience or proper training are more likely to get into a crash. They may not have the skills to handle their motorcycle safely.
- Mechanical Failures: Technical problems with a motorcycle can lead to accidents. Examples include faulty brakes or tires.
- Rider Error: In some cases, the motorcyclist’s actions are to blame. They may have taken curves too fast, or overcorrected. Not wearing protective gear may lead to greater injuries when an accident occurs.
- Reckless Riding: Reckless behavior includes weaving in and out of traffic. It can also be speeding or performing stunts.
Every driver should make safety a priority, but accidents happen. It can happen to anyone. Even if you wear the correct gear and riding protection, chances are, you may still be affected by some injuries.
If you have been involved in a motorcycle crash, call The Capital Law Firm.
Our attorneys can help determine the cause of your accident. We will build a case to get you the compensation you deserve!
What should you do in case of a motorcycle accident?
In case of a motorcycle accident, follow these steps:
1. Safety first: Move to a safe location, away from traffic.
2. Check for injuries: Call 911 for medical assistance, if needed. For severe injuries, immediate treatment should be given.
3. Document the scene: Take pictures of where the accident happened. Make a note of the road conditions. Exchange information with others involved. This includes name, contact number, and insurance information.
4. Report the accident: Call the police. Be sure to get a copy of the official police report for your records.
5. Seek medical attention: Even if injuries seem minor, see a doctor. Some injuries take a while to surface. The injuries you have from your motorcycle crash may affect your future health and earnings. It is important for your case to have a doctor record your health following the crash.
6. Preserve evidence: The details of your accident matter. Keep all the records you receive. Try to take pictures of the scene and your motorcycle. Take notes on the road conditions and what witnesses saw. If you end up going to court, this evidence will help the jury understand the accident.
7. Contact your a personal injury lawyer BEFORE contacting your insurance company: Reporting the accident as soon as possible is important but talk with a personal injury lawyer first. They will
What NOT to do after a motorcycle accident:
1. Don’t leave the accident scene. Stay at the accident site and wait for the police.
2. Don’t admit fault. In addition, do not accept blame for the crash. Let the jury decide based on the facts presented.
3. Don’t ignore your injuries. Even minor injuries can get worse with a lack of medical attention or proper treatment. Always get a medical evaluation.
4. Don’t discuss faults with others. You might want to talk about what happened with others but it’s best to say nothing. You might accidentally admit guilt.
5. Don’t leave out information. Provide the police with as many details as you can remember. This includes information about your injuries, the other car involved, the motorists, and road conditions. Don’t leave anything out. What seems unimportant now might be important later.
6. Don’t go it alone. Consult a motorcycle attorney! Call The Capital Law Firm before making statements to the police or accepting any settlements.
Our experienced personal injury lawyers stand ready to help motorcycle accident victims. In the unfortunate event of being involved in motorcycle collisions or motorcycle fatalities, we will be your legal ally.
We will fight for your lost earnings and other damages from the accident.
Common Motorcycle Accident Injuries
Motorcycle accidents can result in a wide range of injuries. This is because motorcyclists are more exposed on their bikes than in other vehicles.
Common motorcycle injuries include:
- Road Rash: Road rash occurs when a motorcyclist’s skin comes into contact with the road’s surface during a slide. It can range from minor scrapes (abrasions) to deep cuts (lacerations). These wounds can become infected if not properly treated.
- Fractures and Broken Bones: Motorcyclists often suffer fractures and broken bones. These injuries, regardless of the part of the body, can be painful and limit a person’s ability to function properly. They may require surgery to set the bone properly.
- Head Injuries: Traumatic brain injuries (TBIs) are a big concern, especially for motorcyclists who do not wear helmets. Concussions occur when the brain hits the inside of the skull. This creates bleeding in the brain which could lead to severe brain injury. Mild concussions may have temporary effects. However, severe head injuries can lead to permanent brain damage.
- Spinal Cord Injuries: Injuries to the spinal cord can result in partial or complete paralysis. You may not be able to use parts of your body following a spinal cord injury. These injuries are often life-altering.
- Internal Injuries: Internal injuries are those you cannot see. They can lead to organ damage or rupture. Or, they may result in internal bleeding. You may not know you have an internal injury right away. However, they can be life-threatening if left untreated.
- Soft Tissue Injuries: Soft tissue injuries involve damage to muscles, ligaments, and tendons. Whiplash is a common example. If your head snaps forward and then back, it can lead to neck pain and stiffness.
- Burns: If a motorcycle catches fire, it can lead to burns. Burns can vary in severity, from first-degree to third-degree burns.
- Amputations: If one of your arms or legs is crushed, the limb might have to be removed. This is called an amputation.
- Facial Injuries: Facial injuries include cuts, fractures, and damage to your teeth. They are common in motorcycle accidents where helmets are not worn.
- Scarring and Disfigurement: Your injuries may result in severe scarring. You may not look the same as you once did. This can affect your emotional and psychological health.
- Knee and Joint Injuries: Motorcyclists may suffer knee or joint injuries due to the impact of the crash. Their limbs may land at awkward angles during an accident. Ligament damage may be a result.
- Emotional and Psychological Trauma: A motorcycle accident injury can cause emotional trauma, affecting your overall well-being. Post-traumatic stress disorder (PTSD) is an example of its aftermath. You may “relive” the accident in your mind constantly. You may require therapy and counseling to recover. You may experience anxiety and depression after being involved in a motorcycle riding accident.
- Death: Tragically, motorcycle vehicle accidents can result in death. Motorcyclists are at a higher risk of fatal accidents compared to those in a car.
Getting immediate medical help after being involved in a motorcycle collision is important. Then, consult with a lawyer to understand your rights. At The Capital Law Firm, we can help you get the compensation you deserve!
Do I Need an Attorney for a Motorcycle Accident in Los Angeles, CA?
How do you know if you need a lawyer after a motorcycle accident? Here is a list of situations where it is best to consult with a motorcycle accident attorney:
1. Serious Injuries: Do you have severe injuries, like broken bones or head injuries? If so, contact a lawyer right away. You may have high medical bills from the hospital or physical therapy due to a traffic collision. The Capital Law Firm can help you recover these costs.
2. Complex Liability Issues: Liability refers to who is at fault for the accident. But, sometimes that isn’t clear. An experienced attorney can investigate the circumstances of the crash. They will use evidence like photos or police reports to fight on your behalf. This is especially important if many parties are involved. Try to keep detailed records of the accident for documentation purposes. In addition, don’t forget to ask for a copy of the police report.
3. Insurance Challenges: Dealing with insurance companies can be complicated. Emotions can run high between you and other parties. If your claim is disputed, a motorcycle accident lawyer can fight back. They will work to get a fair settlement to match the damage you have suffered. At The Capital Law Firm, we stand ready to fight on your behalf. When we fight for you, it’s personal!
4. Wrongful Death: Have you lost a spouse or loved one in a motorcycle accident? The emotional and financial toll can be a lot to bear. An attorney can help you seek compensation for medical bills and funeral expenses. They will file a wrongful death claim to bring you the justice you deserve.
5. Time Limitations: Many states have specific time limits, known as statutes of limitations. If you wait too long to file your claim, you may lose your right to seek compensation. Our team at The Capital Law Firm will make sure all deadlines are met and procedures are followed.
6. Uninsured/Underinsured Motorist Coverage: A claim becomes more complicated if the at-fault driver doesn’t have insurance. In that case, you may need to rely on your own insurance policy to file a claim. Motorcycle accident attorneys can help you through this process.
7. Understanding Your Rights: Legal language is complicated. Without a lawyer by your side, you may not fully understand your rights. This could lead to you not receiving the money you’re entitled to.
Los Angeles motorcycle accident lawyers from The Capital Law Firm can help you make informed decisions about your case. We are here to explain the process to you every step of the way.
Factors To Consider When Choosing a Los Angeles Motorcycle Accident Lawyer
What should you look for in a law firm after a motorcycle crash?
1. Experience with Motorcycle Accident Cases: Choose a law firm that has won motorcycle accident cases. Motorcycle crashes often involve unique challenges. Make sure the lawyer you work with has had success with cases involving motorcycles.
2. Expertise in Personal Injury Law: Be sure that the law firm you choose specializes in personal injury law.
3. Reputation and Client Reviews: What is the law firm’s reputation? Read client reviews and testimonials. A strong reputation means the law firm is committed to client satisfaction.
4. Communication and Accessibility: A good law firm should answer when you call! Good communication will be important throughout your case.
5. Trial Experience: Many personal injury cases are settled out of court. Those that are not settled go on to a trial. That’s why it’s important to choose a law firm with trial experience. A good law firm will be willing to go to court, if necessary, to secure the best outcome for your case.
6. Resources and Staff: Is the law firm well-staffed? Do they have access to expert witnesses? Good resources and investigative tools can really help your case.
7. Client-Centered Approach: Look for a law firm that places your needs and interests first. They should be committed to pushing for your rights and seeking the best possible outcome for your case.
8. No Win, No Fee: Some law firms work on a contingency fee basis. This means they only get paid if they win your case. If you are concerned about legal fees, this arrangement can really help.
9. Local Knowledge: Shop local! Did your accident occur right here in southern California? A law firm with knowledge of the local area will help your case. Lawyers from The Capital Law Firm are experts in California’s specific laws.
10. Free Initial Consultation: Many law firms offer a free initial consultation. This allows you to discuss your case and get a sense if they’re the right fit for you.
11. Transparency: An honest law firm should be upfront about its fees. They should also explain the legal process and the potential outcomes of your case.
It is important to select a law firm that is right for you. You will need a lawyer who understands your unique circumstances.
Why Choose The Capital Law Firm for Your Motorcycle Accident Claim?
There are many options for a personal injury lawyer in the state of California. However, not all legal firms are the same. Here’s why The Capital Law Firm should be your top choice:
Our firm has won millions of dollars for our clients in settlements. Our lawyers work hard to ensure the jury understands every detail of your case. We make it a priority to protect our clients and fight for the best possible result. When we fight for you, it’s personal!
WORK WITH AN ATTORNEY, NOT A “CASE MANAGER”
Many personal injury firms will pass you off to a case manager. At The Capital Law Firm, we care more about you than that! Our practice is for the managing partner to handle your case from beginning to end. They will be your main point of contact throughout the legal process.
NO FEES UNTIL WE WIN
We operate under the principle of “no victory, no charge.” Like a risk-free product trial, no worries: we charge no up-front costs. And, we only get paid if we get you money for your injury case.
We’ve been recognized as a top performer. Our legal track record is clean, and we’ve received many awards. This includes being recognized as a Super Lawyers Rising Star for multiple years. This exclusive honor is reserved for the top 2.5% of attorneys under the age of 40.
CONFIDENTIAL SECOND OPINIONS
Need a second opinion? No problem. We offer our perspective on your case with zero-obligation.
Our attorneys and staff operate around the clock. They are available year-round, 24 hours a day, 7 days a week. Rest assured, you can find the legal help you need outside of business hours.
California Motorcycle Helmet Law
California has a required helmet law for motorcycle riders. It states that motorcyclists and their passengers are required to wear DOT-approved helmets while riding on public roads. The helmets must have a secure chin strap. They must also meet specific safety standards.
Failure to follow this law can result in fines and penalties. The helmet law is in place to keep riders safer and reduce the risk of head injuries.
California Motorcycle Accident Statute of Limitations
A statute of limitations is the time frame you have to file a lawsuit. Each U.S. state has different laws. In California, the statute of limitations for filing a motorcycle accident claim is usually two years from the date of the crash. This means that you have a two-year window to start the process to get money for your losses.
If you don’t file your lawsuit within this time frame, you may lose your right to pursue a legal claim. That’s why it’s essential to speak with an attorney as soon as possible after a motorcycle accident. The Capital Law Firm can ensure you meet this deadline and protect your legal rights.
Motorcycle Accidents in California FAQs
Who Is Liable for Motorcycle Accidents While Lane Splitting?
Lane splitting is where a motorcycle moves in and out of traffic lanes. This usually happens around parked or slow-moving cars. In California, lane splitting is legal under specific conditions. That makes the answer to this question complicated. Who is at fault (or liable) for your motorcycle accident? That depends on the circumstances of the accident. Were you lane-splitting safely? Was another driver negligent (careless)? If so, the other driver may be liable.
However, if you were lane-splitting recklessly, a judge may rule that you are partly or fully to blame for the accident. It can be difficult to determine who is at fault in lane-splitting accidents. That is why you need an experienced lawyer by your side. At The Capital Law Firm, we will conduct a detailed investigation to establish fault.
What If I Wasn’t Wearing a Helmet?
California has a mandatory helmet law. If you were not wearing one at the time of your accident, it can be used against you in a personal injury claim. You may still be entitled to compensation, but not as much. The money you receive may be reduced because of your own negligence.
What Damages Are Recoverable Following a Motorcycle Accident?
The most common types include:
1. Medical Expenses: Money to pay for past and future medical bills.
2. Property Damage: Funds to repair or replace your vehicle.
3. Lost Wages: Payments to make up for lost income.
4. Pain and Suffering: Funds to cover physical and emotional distress.
5. Disability: Payments for permanent injuries.
6. Wrongful Death: A victim’s family receives money if they die as a result of the crash.
7. Punitive Damages: The person at fault may be fined for being careless.
How Long Does the Motorcycle Accident Attorney Process Take From Start to Finish in Los Angeles?
This depends on many factors. Complicated cases take longer. Other factors include the extent of injuries, and whether you settle or go to court.
Some cases are closed in a few months, while others can take a year or more to reach a conclusion. A personal injury attorney can give you a good estimate for your specific situation.
The Capital Law Firm’s motorcycle accident lawyers will help you every step of the way!
Can a Motorcycle Accident Victim Collect From the Violent Victim’s Fund if They Were Involved in a Hit-and-Run?
Yes, if you were the victim of a hit-and-run motorcycle accident. These funds come from the California Victim Compensation Board (CalVCB). This organization is also referred to as the “violent crime victim’s fund.”
CalVCB may cover medical expenses or lost wages. The specific amount you receive will depend on the circumstances of your case. It’s best for victims to contact CalVCB for more information.
What is a Tort Claim, and Why Are Most Motorcycle Accidents Tort Claims?
A tort claim is a type of legal claim. It seeks money for damage caused by someone else. Many motorcycle accidents are tort claims because they involve the negligence of the other driver. The other driver becomes liable for the victim’s injuries and losses. Tort claims try to make sure the responsible party is held accountable. They also provide compensation to the injured party.
Contact a Los Angeles Motorcycle Accident Lawyer Today
Have you or a family member been involved in a motorcycle accident in Los Angeles? Don’t wait to secure the legal help you need!
Contact The Capital Law Firm today to work with an expert. Our Los Angeles motorcycle accident attorneys can fight for your rights and help you seek the compensation you deserve. Not every legal firm in LA can honestly say it cares about your recovery. But at The Capital Law Firm, we believe in winning by caring!
Our experienced legal team is ready to assist you during this challenging time. Call now to get the support you need. When we fight for you, it’s personal!