Have you been injured in a motorcycle accident? At McGee Lerer Ogrin, we understand the complexities involved in representing someone who has been injured in a motorcycle accident. We know how to maximize your motorcycle accident case! Based on years of representing motorcycle accident victims, the Los Angeles motorcycle accident attorneys at McGee Lerer Ogrin not only understand the unique characteristics of motorcycle accident cases, but we also know the top motorcycle experts to use at trial.
Injured in a motorcycle accident? Contact us at (310) 231-9717 for a free consultation today. Let us fight for the compensation you deserve.
What are the Most Common Causes of Motorcycle Accidents in LA?
Some of the most common causes of motorcycle accidents include:
While lane-splitting is legal in California, it is also a common cause of car vs. motorcycle accidents. If a motorist fails to check before changing lanes they can easily collide with the motorcyclist.
Similarly, left-hand turns are some of the most common causes of motorcycle accidents, particularly in urban driving settings. When a motorist goes to make a left-hand turn and fails to check for either oncoming motorcyclists or a motorcyclist in the lane beside them, they can easily strike the motorcyclist.
What to Do Immediately After a Motorcycle Accident
If you’ve been involved in a motorcycle accident, it's important to act quickly to protect your health and your legal rights. Here’s what to do step-by-step:
Stay Calm and Check for Injuries: First, make sure you’re safe. If possible, move your motorcycle out of the way of traffic. Check yourself and others for injuries.
Call 911: Report the accident to the police and request an ambulance if needed. A police report will be crucial for your case later on.
Gather Evidence: Take photos of the accident scene, your injuries, and any damage to your motorcycle or other vehicles involved.
Collect Information: Get the names, phone numbers, and insurance details of all parties involved. Don’t forget to gather contact information from witnesses.
Avoid Talking About Fault: Don’t admit fault or discuss details of the accident with others. Stick to the facts when talking to the police.
Seek Medical Attention: Even if you feel okay, it’s essential to get checked by a doctor. Some injuries may not show symptoms right away.
Common Injuries from Motorcycle Accidents
Motorcycle accidents often result in more serious injuries than car accidents. Common injuries include:
Road Rash: Abrasions caused when the skin scrapes against the road. These can lead to painful, long-term healing.
Broken Bones: Fractures to the arms, legs, or ribs are common due to the force of impact.
Traumatic Brain Injuries (TBI): Even with a helmet, TBIs can occur. These injuries may cause memory loss, cognitive difficulties, or long-term disability.
Spinal Cord Injuries: These can lead to partial or total paralysis, often requiring lifelong care and therapy.
Internal Injuries: Damage to organs like the liver or spleen can be life-threatening and may require surgery.
The recovery process for these injuries can be long and expensive. It may include surgeries, rehabilitation, and ongoing care.
How Motorcycle Helmet Laws Affect Accident Claims
In California, helmet use is mandatory for all motorcycle riders and passengers. Here’s how this law affects your claim:
Contributory Negligence: If you weren’t wearing a helmet at the time of the accident, it could reduce the compensation you receive. The insurance company or court may argue that not wearing a helmet contributed to the severity of your injuries.
Full Protection: Wearing a helmet not only protects you from serious head injuries, but it can also strengthen your claim by showing that you were following the law and acting responsibly.
Head Injury Claims: If you suffer a head injury despite wearing a helmet, you may be entitled to more compensation for medical bills, rehabilitation, and pain and suffering.
Always wear your helmet to ensure both safety and stronger legal protection.
Do I Need a Lawyer For My Motorcycle Accident Claim?
Motorcycle riders face unique dangers. When an accident occurs, it often involves injuries that are far more serious than the average car accident. Statistically, motorcycle accidents are usually the fault of the other driver, because it can be difficult to see a motorcycle on the road.
An experienced motorcycle accident attorney in Los Angeles can make sure that you are fully compensated for your injuries, including future medical care that you may need, and compensation for pain and suffering.
The insurance adjuster will take advantage of you every step of the way. The insurance company will try to take your recorded statement and try to get you to sign a medical authorization. Don’t do either. It will hurt your case and help the insurance company achieve its goal of settling your case for as little as possible. Talk to us before you talk to the insurance company.
What Is a Fair Settlement for a Motorcycle Accident?
In general, a fair motorcycle accident settlement should cover the following damages:
Medical costs
Lost income/wages
Pain and suffering
Wrongful death
In some cases, punitive damages
Without knowing the details of your case and the severity of your injuries, we can't give you an estimate of what your motorcycle accident settlement may be. If you want help determining the value of your case, reach out to our accident lawyers at McGee Lerer Ogrin today for a free initial consultation.
FAQ – Motorcycle Accident Claims
How long do I have to file a claim after a motorcycle accident? In California, you generally have two years from the date of the accident to file a lawsuit. However, it’s best to contact an attorney as soon as possible to ensure you don’t miss any important deadlines.
What if the other driver doesn’t have insurance? If the other driver is uninsured, you may be able to file a claim with your own insurance company, especially if you have uninsured motorist coverage. If not, you could pursue a personal injury lawsuit against the at-fault driver.
Can I still get compensation if I was partly at fault for the accident? California follows comparative negligence rules, meaning you can still receive compensation even if you’re partially at fault. However, your compensation may be reduced based on your percentage of fault.
Do I need an attorney for my motorcycle accident case? While it’s not required, having an experienced motorcycle accident attorney increases your chances of getting fair compensation. Lawyers can handle the complex legal process and negotiate with insurance companies on your behalf.
Can I claim compensation for pain and suffering? Yes, you can claim compensation for pain and suffering resulting from your injuries, including emotional distress, mental anguish, and physical pain.
Will my motorcycle accident case go to court? Most motorcycle accident claims are settled out of court. However, if a fair settlement cannot be reached, your attorney may recommend filing a lawsuit and taking the case to trial.
How is fault determined in a motorcycle accident? Fault is typically determined through a combination of witness statements, police reports, and evidence such as photos or video footage from the scene. An attorney can help gather the necessary evidence to build your case.
Free Consultation. No Recovery, No Fee.
We provide a free consultation. If you choose to hire us and we accept your case, we work on a contingency fee basis. This means that the legal fees are paid for out of the settlement or jury award in your case. If you recover nothing – you pay us nothing.
