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Common Issues Dealt by a Los Angeles Motorcycle Accident Attorney

The rising costs of fuel prices in recent times have resulted in an increase in the number of people who have turned to motorcycles as a means of transportation. Consequently, this resulted in higher incidence of motorcycle accidents.

Riding motorcycles is inherently risky. According to statistics, motorcyclists are about 26 times more likely to die in a crash than someone riding in a car is. Riders are also five times as likely to be injured.

In addition, motorcyclists are 16 times more likely to die in an accident as well, and about three times more likely to be injured in it.

To prevent accidents, motorcycle laws were implemented. Although most states have motorcycle laws, California’s motorcycle law is different from the rest as it has certain provisions that others do not have.

  • First, California is one of the first states to adopt a law requiring motorcycle riders to wear helmets on the road. According to this law, the safety helmets that are to be worn by riders must be approved and labeled by the Department of Transportation. Across the country, twenty states require helmets for all riders. These include Alabama, California, Georgia, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New York, North Carolina, Oregon, Tennessee, Vermont, Virginia, Washington, and West Virginia. As of 2006, four states have no helmet laws: Colorado, Illinois, Iowa and New Hampshire.

    However, in some states, helmet laws were created based on age, riding experience and medical insurance. Riders above a certain age (typically 18 to 21) are exempted from wearing a helmet. Some states require inexperienced riders to wear a helmet for the first one or two years of being licensed regardless of their age. Two states (Texas and Florida) exempt riders with proof of medical insurance.

    On the other hand, some states without helmet law or with partial helmet requirements require eye protection for riders.

  • California is the only state that allows lane splitting, which means that motorcycles can drive in between slow-moving or stopped cars in a lane. Although this is not legally set forth in the law, it is a practice allowed in the state. The California Highway Patrol said lane splitting is allowed if riders will do it in “a safe and prudent manner”, which means that a rider must consider his speed and the speed of the surrounding traffic to make a safe pass.

    On the other hand, lane sharing - where two motorcycles occupy the same lane - is legal most states.

These are the common issues that a motorcycle accident attorney is likely to deal with when confronted with an accident in Los Angeles. Apart from this, an attorney will deal with the usual methods of determining your liability and establishing fault in the accident through the applicable accident laws of the state.

As in most negligence cases, a motorcycle accident attorney will try to establish fault in order to determine the liability of parties in the accident.

Motor vehicle accidents, including motorcycle accidents, may be caused by the following factors:

  • Negligence of drivers

  • Vehicle design or manufacturing defects

  • External factors such weather conditions, road design defects, among others

Based on these factors and all other circumstances of the case, fault in an accident may be proven and liability can be established.

Dealing with these motorcycle accident issues may be difficult for the victim, especially if he is injured. Hence, if you happen to be involved in a motorcycle accident in Los Angeles, consulting with an experienced motorcycle accident attorney in your area is important.

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