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Numbers do not lie, motorcycle accidents carry more risk than car accidents. According to the U.S. Department of Transportation's National Highway Traffic Safety Administration, per vehicle mile traveled in 2015, motorcyclist fatalities occurred nearly 29 times more frequently than passenger cars. In addition, motorcyclists have 16 times the rate of serious and fatal injuries when compared with automobile accidents.
Truth be told, most motorcyclists know that there is heightened risk and that is part of the allure and thrill of riding. You can fight back if you are involved in an accident and we will help you navigate the process.
Motorcycle accidents can become complicated quickly because of the tendency to place the blame on the motorcyclist. This is an unfair assumption and the truth of the accident’s fault can only be found through proper investigation of the facts. With many parties involved, it will require many levels of legal expertise. If you are injured in an accident, you do have rights and may have cause to sue. Before you can proceed with your case it is important to know who may be liable:
Reviewing the facts with a knowledgeable and experienced attorney will help you understand your rights in pursuing a case against the parties liable for your accident.
If you have experienced a motorcycle crash, it is important to remain calm and immediately take care of several important concerns.
Just like in a typical vehicle accident, an investigation has to determine who is at fault for a motorcycle accident. If both parties are to some degree at fault, there may be partial negligence attributed to both. From here, they will need to decide to what degree each is liable for damages. In most cases, motorcycle accidents will fall under product liability law, as manufacturer errors are quite serious for these types of vehicles, more so than for standard, enclosed vehicles. If your motorcycle experienced a malfunction, you may be entitled to compensation.
Other parties can also be found at fault for behaviors that take place afterwards. For example, a hit-and-run circumstance would carry with it its own liability, regardless of whether that party was also at fault for the crash itself.
California laws regarding motorcyclists are among the strictest in the nation. California codes dictate what safety gear must be worn and the legal requirements of manufactured motorcycles. Similar to cars, motorcycles must carry minimum levels of insurance.
Interestingly, despite incredibly stringent regulations, California does allow for ‘lane splitting.’ Lane splitting is when motorcycles share lanes with vehicles moving in the same direction along the roadway.
Just like in any other vehicle accident, an investigation has to determine who is at fault for a motorcycle accident. If both parties are each at fault to some degree then there may be partial negligence attributed to both. This is because California law allows for multiple allocation of liability. Then it will need to be determined to what degree each party is liable for damages. In some cases, motorcycle accidents will fall under product liability law because manufacturer errors are quite serious for these types of vehicles.
Motorcycle crashes have statistically risen when gas prices rise. Although exact reasons are not known, it is believed that when gas prices rise more people take out their motorcycles to save money. A recent accident, which involved a motorcyclist who was lane-splitting when the accident occurred, received a settlement award of $3.7 million.
Unfortunately, there is a bias against motorcycle operators in the case of vehicle crashes. This is not only unfair, it is also unfounded. Speaking with an experienced attorney will help you determine your fair compensation claims under California law.
This can be difficult to predict without a thorough consultation. Depending on factors like injury severity and parties at fault, cases can take anywhere from a few months to a few years.
California law dictates the statute of limitations for all accidents. Generally, you have two years to file a lawsuit against liable parties for personal injuries and other damages received from an accident.
However, claims against government agencies have a much shorter statute of limitations: 6 months.
Motorcycles are unique types of vehicles and they carry a unique set of laws. We are here to help you map out this road and advise if you have a case. Give us a call to find out more.
