If you or a loved one has been in a motorcycle accident, contact an experienced motorcycle accident lawyer today. For over 25 years, Mesriani Law group has helped motorcycle accident victims resolved their cases. We’ve successfully recovered hundreds of millions of dollars for our clients. Call our law office today for your free legal consultation at (866) 500-7070.
Here are shortcuts to the specific topics:
- 1. Motorcycle Accident Lawyer
- 2. Why Trust Mesriani with Your Motorcycle Accident Claim?
- 3. How A Mesriani Motorcycle Accident Lawyer Can Help
- 4. When Do You File a Motorcycle Accident Claim?
- 5. What Do You Do After a Motorcycle Accident?
- 6. How to Prevent a Motorcycle Accident
- 7. Common Causes of Motorcycle Accidents
- 8. Who is Liable When Lane Splitting?
- 9. How to Prove Who is to Blame for a Motorcycle Accident
- 10. Common Motorcycle Injuries
- 11. What Compensation You Will Be Entitled To in a Motorcycle Accident Claim
- 12. Statute of Limitations on Motorcycle Accident Claims
- 13. Motorcycle Accident Statistics
- 14. California Helmet Law
- 15. How to Choose a Motorcycle Accident Lawyer
- 16. Why You Should Choose Mesriani Law Group
- 17. Motorcycle Accident Attorney FAQs
Why Trust Mesriani with Your Motorcycle Accident Claim?
How a Mesriani Motorcycle Accident Lawyer Can Help
Motorcycle accidents happen every day in Los Angeles and throughout California. If you or a loved one has been injured in a motorcycle accident, you’ll need an experienced motorcycle injury attorney to deal with insurance companies and help manage injury claims. To get the maximum compensation for your motorcycle accident case, you’ll need to hire an attorney that understands the details of your case. A good Los Angeles motorcycle accident attorney should be able to manage the following tasks:
- Investigate the accident quickly and thoroughly
- Preserve evidence from the motorcycle accident
- Obtain pictures or video footage of the crash scene
- Locate witnesses who were at the scene of the accident
- Inspect the vehicle for potential defects
- Protect you from insurance companies
- Protect you from filing deadlines
- Establish fault to the responsible party or parties
- Sue the responsible party or parties
- Calculate an accurate estimate and negotiate on your behalf
- Maximize compensation for your damages including lost wages, medical expenses, and pain and suffering
Mesriani Law Group has the resources, knowledge, and legal experience to negotiate with insurance companies. We always seek the maximum compensation possible and have recovered hundreds of millions of dollars in damages for our clients.
When Do You File a Motorcycle Accident Claim?
Motorcycle accidents can leave victims with serious injuries or even death. From property damage to mental anguish, the physical, psychological, and monetary losses can quickly become overwhelming. Most people do not have the financial means to cover the substantial out-of-pocket expenses that resulted from a motorcycle accident.
Motorcycle accident-related expenses may vary but typically include:
- Physical – Serious injuries that require long-term care and rehabilitation, disfigurement, loss of limbs, severe brain trauma, and paralysis
- Psychological – Pain and suffering costs
- Financial – Medical transportation costs, hospital or other medical bills, motorcycle repair or replacement costs, and lost wages
Motorcycle accident claims may be filed by the victim or a loved one on behalf of the victim. A loved one may file on a victim’s behalf when the victim is seriously injured or suffered wrongful death as a result of the motorcycle accident. With wrongful death accident claims, several parties may be liable in a negligence lawsuit including:
- The other driver deemed at-fault
- The motorcycle manufacturer
What Do You Do After a Motorcycle Accident?
Accidents can be a very traumatizing experience. Everything happens quickly and victims frequently end up hurt or left with life-threatening injuries. In the case of motorcycle accidents, victims often suffer more severe injuries compared to regular car accidents as the rider does not have much protection besides their helmet.
Following a motorcycle accident, your priority is to make sure that you’re safe. Below are the next steps you should take in the event of a motorcycle accident:
1. Check for injuries and get immediate medical care
After an accident, it’s important to check yourself for injuries. Even injuries that may appear to be minor could worsen without quick medical attention. This is especially true with head injuries. Without prompt medical treatment, head injuries may lead to a concussion or brain trauma.
2. Exchange insurance and personal information
Be sure to gather personal and insurance information from all parties involved in the accident. Information should you gather include the names, addresses, phone numbers, driver’s license information, and insurance information of all drivers.
If you were involved in a hit-and-run, you may still be able to seek damages. Your motorcycle accident attorney may request security camera footage or other evidence to identify the negligent party. An attorney can build your case based on the evidence collected and help recover damages for your injuries.
3. Get a police report
After exchanging information with the other party, contact the police. Having police on the scene as soon as possible can be an effective way to build a strong legal case. Police are required to take down a written report of the accident. Generally, the police officer will write a summary of the accident containing facts related to the crash. Police reports are important records that may be referred to when you seek compensation for your injuries. While you should contact the police for any motorcycle crash, it’s especially important for serious accidents that result in $500 or more in property damage.
4. Take notes and photos
Write down detailed notes of your surroundings including the date, time, and location of the accident. This information will be important when building your legal case.
If you have a cell phone or camera with you, take as many photos of the scene as possible. Be sure to take photos of all vehicles involved in the accident and your injuries.
5. Contact a Los Angeles motorcycle accident lawyer
One of the most important things you should do after an accident is to contact a Los Angeles motorcycle accident lawyer. Motorcycle accidents can be complicated, and any mishap can negatively affect your chances of obtaining compensation. An experienced attorney can give you step-by-step advice on how to can help build the strongest case possible so you can get the maximum compensation for your injuries.
6. Notify your insurance company
To seek damages, you’ll need to notify your insurance company. However, they’ll likely ask for a statement so be sure to speak with an attorney before calling your insurance company. Don’t provide a statement to your insurance before speaking with your motorcycle accident attorney. The language used to describe the accident is very important to your legal case. An experienced attorney can advise you on how to describe the accident so you can communicate it to your insurance company.
What Not to Do After a Motorcycle Accident
Just as important as knowing what to do after an accident, it’s important for you to know what not to do. After a motorcycle accident, here are some things that you should not do:
- Do not admit fault or wrongdoing
- Do not wait to get medical care
- Do not refuse medical treatment
- Do not provide a statement to any insurance company, including your own
- Do not assume facts when speaking to a police officer
- Do not wait to contact an experienced motorcycle accident attorney
Other than your attorney, do not speak to anyone about your case. This includes the other party’s attorney, insurance, or anyone else that tries to contact you to speak about the case.
How to Prevent a Motorcycle Accident
California offers some of the most beautiful and scenic driving routes in the country. Riding on the open road can be an exhilarating experience but it can also be very dangerous. According to the National Highway Traffic Safety Administration (NHTSA), more than 80% of all reported motorcycle accidents result in injury or death. With the significant risks, motorcycle riders should do everything they can to stay safe. Here are some safety tips to preventing a motorcycle accident:
- Be seen – Wear bright-colored and reflective elements on your clothing and bike.
- Gear up – Wear long sleeves and pants made of leather or other thick, protective material. Be sure to wear gloves and durable boots to cover your ankles.
- Wear a Department of Transportation (DOT) approved helmet – Always wear a full-face, DOT approved helmet at all times when riding your motorcycle. Riders that do not wear a helmet are twice as likely to suffer from traumatic brain injuries as a result of a crash.
- Be alert – Watch out for potholes, road hazards, or distracted drivers on the road.
- Prepare for bad weather – Learn how to ride safely in various weather conditions such as rain or snow. Bad weather makes riding more dangerous so be sure you’re prepared as much as possible.
Additionally, it’s also a good idea to perform regular maintenance on your motorcycle. Regularly check your engine, tires, brakes, headlamps, and turn signs to make sure everything is working properly before you start riding.
Common Causes of Motorcycle Accidents
In California, the party at fault in a traffic accident lawsuit will be the one that must pay for your losses. The party that caused your motorcycle accident may have to pay for costs including motorcycle repair or replacement, medical bills, non-economic damages (such as pain and suffering), lost income, and more. One or more parties could be deemed at fault for your injuries. But to obtain compensation, you must first identify the cause of your accident. Below are four common causes of motorcycle accidents:
- The driver – One of the most common causes of motorcycle traffic accidents is a distracted or negligent driver. When a driver is texting, driving under the influence, speeding, or breaking traffic laws, they may be responsible for your injuries.
- The roadway – If your motorcycle accident was the result of potholes, storm debris, loose gravel, rubble, an unsafe construction site, or any other roadway defect, a municipal entity (such as a city or state) may be responsible for your accident. Municipal entities are responsible for properly maintaining their roads and they may be negligent if they failed to do so.
- A vehicle part – If the result of your motorcycle crash was due to a tire blowout, electrical problem, or any other type of auto defect, the motorcycle manufacturer may be held responsible for your injuries. An experienced attorney may help you recover financial compensation using product liability laws.
- The rider – Sometimes even the rider can be at fault for performing unsafe practices like lane splitting, speeding, etc. Depending on how the rider was driving, partial fault can be assigned to the rider.
If you’ve been injured in an accident, you deserve compensation for your losses. An experienced Los Angeles motorcycle attorney can identify the party or parties at fault and get you the justice you deserve.
Who is Liable When Lane Splitting?
Lane splitting refers to the practice of riding a motorcycle between two marked lanes traveling in the same direction. Although lane splitting can save the rider time and reduce traffic, many people believe that it’s dangerous for the rider and surrounding drivers. Although a controversial subject, California law does allow motorcycle riders to lane split. However, if a rider lane splits recklessly, they could be held partially responsible in a car accident lawsuit.
When it comes to lane splitting, California’s comparative negligence law states that the fault may be divided between all parties. If the evidence shows that a motorcycle rider was lane splitting recklessly, the compensation could be reduced. However, lane splitting alone doesn’t necessarily mean that your financial compensation will be reduced. Since lane splitting is such a complicated subject, seek the legal advice of an experienced Los Angeles motorcycle accident attorney to help you with your motorcycle claim.
How to Prove Who is to Blame for a Motorcycle Accident
Motorcycle crashes are different compared to other types of accidents because there’s a bias that riders are dangerous, and the injuries sustained from a motorcycle crash are typically much more serious. In some cases, they can even be life-threatening.
Most personal injury collision reports are based on a driver’s version of the accident. However, our attorneys are well aware of this and have proven strategies to counter unfavorable police reports to build the strongest case possible in your favor. Our dedicated motorcycle accident attorneys and a team of investigators review every single detail of your accident. We target all parties that may be at fault for causing your injuries including but not limited to other drivers, companies, employers, and public entities.
Common Motorcycle Accident Injuries
Riders have a high chance of sustaining serious injuries or even death in the event of a motorcycle crash. Unfortunately, even while a rider follows all safety and traffic laws, accidents still happen. Some of the most common types of motorcycle accident injuries include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones
- Burns including road rash
- Internal bleeding
- Facial disfigurement
What Compensation You Will Be Entitled To in a Motorcycle Accident
The amount of compensation you’re entitled to will depend on the details of your accident. In law, the legal term for compensation is referred to as damages. Motorcycle victims may be entitled to economic and non-economic damages.
Economic damages are expenses or lost opportunities you have incurred as a result of the accident. They’re generally easy to calculate as the amount can be verified by receipts or bills.
Non-economic damages are non-monetary losses you have incurred as a result of the accident. These damages are generally more difficult to calculate as they’re not easily quantifiable.
Statute of Limitations in Motorcycle Accident Claims
Victims or loved ones should act quickly after a motorcycle accident. The statute of limitations for filing a motorcycle accident injury claim is two years. This means that victims have two years from the date of the injury to file a claim. If the injury was not discovered immediately, then victims have one year from the date the injury was discovered to file the claim. Generally, once the statute of limitations on a case expires, the legal claim is no longer valid, and victims lose the right to seek damages.
Economic Damages and Non-Economic
Economic damages (past or future):
- Medical costs
- Property damage
- Lost earning capacity
- Lost wages
- Retraining or re-education costs
- Long-term care or in-home modifications
- Out of pocket expenses including medical insurance co-pay
- Any other lost opportunities or expenses incurred as a result of the accident
Non-economic damages (past or future):
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Loss of companionship
- Disability or disfigurement
- Wrongful death
- Any other non-economic loss incurred as a result of the accident
Motorcycle Accident Statistics
According to the National Highway Traffic Safety Administration (NHTSA):
- 5,014 motorcyclists were killed.
- Approximately 84,000 motorcyclists were injured, a 2% increase from 82,000 motorcyclists who were injured the year prior.
- Motorcyclists were approximately 29 times more likely to die in a crash compared to passenger vehicle occupants.
- Motorcyclists involved in a fatal accident had higher alcohol impairment compared to drivers of any other motor vehicle (29% for motorcycles, 20% for passenger cars, 19% for light trucks, and 2% for large trucks).
- 42% of motorcyclists who died in single-vehicle crashes were alcohol-impaired.
- In states without universal helmet laws, 57% of motorcyclists that were killed in a crash were not wearing helmets.
- In states with universal helmet laws, 9% of motorcyclists were killed in a crash.
California Helmet Law
Research shows that states that have implemented a universal helmet law notably increased helmet use while also reducing injury and fatality rates. California has a universal helmet law stating that every motorcyclist and passenger on motorcycles must wear a helmet while riding. Additionally, the Department of Transportation (DOT) sets minimum safety standards that all motorcycle manufacturers and retailers must meet. These minimum safety standards include:
- Impact – How much protection does the helmet provide against a collision with large objects?
- The extent of protection – Which areas of the head are protected by the helmet?
- Retention system strength – Are chin straps strong enough to hold the helmet in place upon impact?
- Positional stability – Will the helmet stay in place on the head at critical times?
Since helmets are required by law in California, anyone who does not wear a helmet while riding would be breaking the law. If you don’t wear a helmet in Los Angeles or anywhere in California, you could receive a traffic citation and fine. Additionally, failure to wear a helmet could also be used against you by the defendant in a motorcycle accident case. The defense could use this to place some liability on you for your motorcycle injuries.
How to Choose a Motorcycle Accident Lawyer
Choosing the right motorcycle injury lawyer is one of the most important decisions you’ll have to make and is critical to the outcome of your case. Here are some tips on how to choose a motorcycle lawyer:
Find an attorney with experience
When it comes to legal representation, experience matters. If you’ve been injured in a motorcycle accident, make sure the lawyer you choose has specific experience working with motorcycle crashes. Motorcycle accident claims are much different than other types of vehicle accident claims so it’s best to work with an attorney with this specific type of experience.
Look for an attorney with resources
An attorney with the right kind of resources is a good sign that they’re prepared to build a strong case. The type of resources your lawyer should have included professional working relationships with other attorneys and the tools necessary to gather evidence for your case.
When you hire an attorney, you’ll be working closely with them for months or even years. Choose a lawyer that you can trust and feel confident working with. Pay attention to their communication style during your consultation. Make sure you feel comfortable with their communication style because if you have trouble getting along during consultation, you may also have trouble working together during the case.
Select an attorney with a proven track record
You’ll want to hire an attorney who has a strong track record of obtaining compensation for motorcycle victims. Seeking compensation for your injuries isn’t an easy task. Select an experienced motorcycle accident attorney who can navigate the complex legal system so you can focus on your recovery.
Why You Should Choose Mesriani Law Group
The motorcycle accident lawyers at Mesriani Law Group have successfully helped clients in Los Angeles and throughout California for over 20 years. During this time, we’ve successfully recovered hundreds of millions of dollars for our clients. We have the experience, resources, and track record to prove our abilities to obtain the maximum compensation for motorcycle injury victims.
Our lawyers and legal staff provide personalized client care and superior legal service. We are dedicated to each one of our clients, regardless of the type or size of your case. We are also confident that we can successfully protect your rights and represent you during negotiations, settlements, and if necessary, at trials. We accept clients on a contingency basis and offer a no win no fee policy. That means if we don’t win your case, you don’t pay us anything. Contact our law firm today at (866) 500-7070 for your free consultation.
Motorcycle Accident Attorney FAQs
Should I Get a Lawyer for a Motorcycle Accident?
If you recently suffered injuries and property damage in a motorcycle accident due to the fault of another driver, it’s worth hiring a motorcycle accident lawyer for your claim. A motorcycle accident lawyer can help you with your claim by gathering evidence and proving that the other driver is negligent and negotiating with insurance companies. An experienced motorcycle accident lawyer can get you compensation for your losses and the justice you deserve.
Who Is at Fault in Most Motorcycle Accidents?
Car drivers are frequently held at fault for most motorcycle accidents, but the actions of motorists and riders are considered in the final decision. California has a comparative negligence law that states that the fault may be divided between all parties.
What Percentage of Motorcycle Riders Get in Accidents?
In 2019, 5,014 motorcyclists were killed in an accident which accounted for 14% of traffic fatalities. That year, approximately 82,000 motorcyclists were injured, a 2% increase from 2018. Per vehicle miles traveled, motorcyclist fatalities happened nearly 29 times more frequently compared to passenger car occupant fatalities in traffic crashes. Motorcyclists involved in a fatal accident had higher alcohol impairment compared to drivers of any other motor vehicle (29% for motorcycles, 20% for passenger cars, 19% for light trucks, and 2% for large trucks). 42% of motorcyclists who died in single-vehicle crashes were alcohol-impaired.
How Do You Protect Yourself from a Motorcycle Accident?
Tips on how to protect yourself from a motorcycle accident include being seen, gearing up, wearing a helmet, being alert, being prepared for bad weather, and performing regular maintenance on your motorcycle. Additionally, never drink while riding and be sure to obey all traffic safety laws.