Motorcyle Accident Lawyer in Los Angeles, CA
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.
The Capital Law Firm's Motorcycle Crash Attorneys:
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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?
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.
How Can a Los Angeles Motorcycle Accident Attorney Assist Your Claim?
A Los Angeles motorcycle accident attorney can provide invaluable support in ensuring you receive the compensation you deserve after a crash. They will investigate the circumstances surrounding the accident, gather crucial evidence, and handle all communications with insurance companies.
In California, where motorcycle accidents can involve complex legal and insurance issues, having a knowledgeable attorney by your side can make all the difference in the outcome of your case. The Capital Law Firm offers personalized attention, fighting for your rights every step of the way.
What To Know When Filing a Lawsuit for a Motorcycle Accident
Filing a lawsuit after a motorcycle accident involves several key steps. First, it’s important to establish liability and collect evidence. You’ll also need to ensure that the statute of limitations is respected. A motorcycle accident attorney in Los Angeles can help guide you through this process, ensuring that all legal requirements are met and your case is properly prepared.
How Long Do I Have to File My Claim?
How Long Do I Have to File My Claim?
In California, the statute of limitations for personal injury claims, including motorcycle accidents, is two years from the date of the incident. If you don’t file within this time frame, you may lose your right to seek compensation. It’s crucial to speak with a motorcycle accident lawyer as soon as possible to ensure your case is filed on time, as delaying can jeopardize your chances of a successful claim.
What Sorts of Evidence is Important?
What Sorts of Evidence is Important?
In motorcycle accident cases, key evidence includes police reports, witness statements, medical records, and photographs of the accident scene. Additionally, traffic camera footage, video surveillance, and accident reconstruction reports can provide critical insights into what happened. Your motorcycle accident attorney will help you collect and organize this evidence to strengthen your case.
The Role of Insurance Providers
The Role of Insurance Providers
Insurance companies play a central role in motorcycle accident claims, but they may not always have your best interests at heart. Insurance adjusters often try to minimize payouts, making it essential to have a motorcycle accident attorney in Los Angeles on your side. Your attorney will negotiate with insurance providers to ensure you receive fair compensation for medical bills, lost wages, pain and suffering, and more.
Determining Liability in Motorcycle Accidents
Liability in a motorcycle accident case can be complex, particularly when multiple parties are involved. In many cases, the driver of the other vehicle may be at fault, but issues like road conditions, defective motorcycle parts, or even negligent maintenance could play a role.
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To determine liability, your motorcycle accident attorney will thoroughly investigate the scene of the crash, review traffic laws, and gather statements from witnesses. They’ll also consult accident reconstruction experts if necessary to piece together the exact sequence of events.
With a deep understanding of California’s traffic laws and years of experience, The Capital Law Firm will ensure that all responsible parties are held accountable.
Choose The Capital Law Firm as Your Los Angeles Motorcycle Accident Lawyer
At The Capital Law Firm, we know that motorcycle accidents in Los Angeles can have life-altering consequences. Our team is committed to providing personalized legal support, leveraging over 50 years of combined experience to fight for the compensation you deserve. With our tech-forward approach and expertise in dealing with insurance companies, we ensure that your case is handled efficiently and effectively.
Contact us or call (310) 363-0403 to speak with a trusted motorcycle accident attorney and request a free consultation today.
Every Case Is our Personal Mission
Motorcycle Accident Legal FAQs
01.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.
02.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.
03.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.
04.What happens if you are at fault in a car accident in California?
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!
05.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.
06.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.
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More Resources for CA Motorcycle Accident Lawsuits
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 to 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.
What NOT to do after a motorcycle accident
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!
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!
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.