Motorcycle Accident FAQ
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- Gather information, including the other driver's name, address, license plate, drivers license, insurance, witness contact information, the police report number, and especially photos of the damage, scene and injuries.
- Get medical treatment ASAP. Even if you feel OK, you may have suffered serious injuries.
- Avoid discussing your accident on social media, which can potentially be used against you by the opposing insurance company or their attorney.
- Don’t accept quick cash from the person who caused your accident or their insurance company. You need to know the full extent of your injuries and property damage before you can consider what might be a fair settlement.
- Hire an experienced motorcycle accident lawyer. If you suffered major injuries, things could get complicated. Victims who have an attorney typically receive substantially larger settlements.
What Types Of Damages Can I Recover In A Motorcycle Accident?
The size and type(s) of damages an attorney will be able to claim on your behalf will depend on the severity and extent of your motorcyle accident.
In most cases, this may include damages such as:
- property damage
- medical expenses (both present and future that resulted from the accident)
- lost wages and earnings
- pain and suffering (where appropriate)
The Center for Disease Control (CDC) studied over 1,222,000 motorcycle accidents between 2001-2008 to discover the most common non-fatal injuries in motorcycle accidents.
The most common injuries are foot and leg injuries (33%), head and neck injuries (22%), followed by upper trunk (chest/shoulders), hands and arms, and lower trunk (hips/thighs).
Can I Get A Free Consultation On My Motorcycle Accident Case?
Yes! Simply click here to get started and contact one of our attorneys. We'll ask you a few simple questions about your accident and get back to you within 24 hours (excluding weekends) on next steps.
Can I Make A Claim If I Was Not Wearing A Helmet?
Yes! One of the biggest misconceptions spread by insurance adjusters is that you are not entitled to make a personal injury accident claim if you were not wearing a motorcycle helmet during your accident. This is not true.
Yes. Technically, there is no motorcycle lane splitting law in California, so it is not illegal.
As of January 1, 2017, lane splitting is defined by California law, and the CHP is called upon to create guidelines for the practice, but it is nevertheless so far not explicitly regulated.
Motorcycles built and first registered on or after January 1st of 1973 are required to have working front and rear turn signals.
California law requires that if there are other vehicles nearby, a motorcyclist signal at least 100 feet from the point at which they intend to turn or change lanes.
However, insurance companies in civil motorcycle injury cases may argue that a motorcyclist's failure to signal may have contributed to an accident even when the law may not have required the signal to be used.
There are no specific age requirements for motorcycle passengers under California law, but the law does mandate "passenger restraint systems" for children under the age of eight, which cannot legally be installed on a motorcycle. Thus, a child under 8 cannot legally ride in California.
Additionally, the law requires that the bike have a securely fastened dedicated seat on which the passenger is able to sit securely, with footrests that the passenger must use at all times. Thus, if the child (or adult) is not tall enough to reach the footrests, they cannot legally ride in California.
- Reviews: Rely on real client testimonials from review sites like Facebook Google and Yelp.
- Experience: How many years have they been in practice, and do they have experience with injuries like yours? If your case goes to court, you'll also want a lawyer who has significant trial experience.
- Track record: How many (recent) cases have they successfully represented, and what sort of settlements have they won for their clients?
- Responsiveness: You should always get answers to any inquiry in a timely fashion.
- Realistic expectations: Look for someone who knows what your injuries and other financial losses are really worth and who will give you an accurate estimate of what you're likely to get from a settlement or lawsuit.
- Trust: They should make time to speak with you directly by phone or in person, and from that
interaction you should be able to get a sense of whether or not you can trust them with your case.
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