Santa Ana MOTORCYCLE ACCIDENT ATTORNEYS

If you find yourself involved in a motorcycle accident, it’s essential to stay calm and take the appropriate steps to ensure your safety and protect your legal interests. Here’s what you should do after a motorcycle accident:

Check for Injuries: First and foremost, check yourself and others involved in the accident for injuries. If anyone is seriously injured, call for emergency medical assistance immediately by dialing 911.

Move to Safety: If you and your motorcycle are in a dangerous location, try to move to the side of the road or a safe area to avoid further accidents or injuries.

Exchange Information: Exchange contact and insurance information with the other parties involved in the accident. Obtain names, phone numbers, addresses, driver’s license numbers, license plate numbers, and insurance information.

Document the Scene: If possible, take photos or videos of the accident scene, including vehicle positions, road conditions, traffic signs, and any visible injuries. These images can be valuable evidence later on.

Report the Accident: Call the police to report the accident. Even if the damage seems minor, involving law enforcement will create an official record of the incident, which can be useful for insurance claims and legal purposes.

Gather Witness Information: If there are any witnesses to the accident, collect their names and contact information. Their statements may be crucial in determining fault or liability.

Do Not Admit Fault: Avoid discussing fault or liability with other parties involved in the accident or with witnesses. Stick to the facts when speaking to the police and insurance representatives.

Seek Medical Attention: Even if you don’t believe you are seriously injured, it’s essential to get a medical evaluation after a motorcycle accident. Some injuries may not be immediately apparent, and early diagnosis and treatment can prevent complications later on.

Notify Your Insurance Company: Report the accident to your insurance company as soon as possible, providing them with accurate and detailed information about the incident.

Consult with an Attorney: If you suffered injuries or significant property damage, consider consulting with a personal injury attorney who specializes in motorcycle accidents. An attorney can help protect your rights, navigate the legal process, and negotiate with insurance companies on your behalf.

Preserve Evidence: Keep all relevant documents, medical records, repair estimates, and correspondence related to the accident. These records can be crucial for insurance claims or potential legal actions.

Distracted Driving: Drivers using their phones, eating, adjusting the radio, or engaging in other activities while driving can be a significant cause of accidents.

Lane Splitting: Lane splitting is when motorcyclists ride between two lanes of stopped or slow-moving traffic. While legal in California under certain conditions, it can still be hazardous.

Speeding: Excessive speeding by motorcyclists or other drivers increases the likelihood of accidents.

Driving Under the Influence (DUI): Operating a motorcycle while under the influence of alcohol or drugs significantly impairs a rider’s ability to maintain control and respond to road conditions.

Road Hazards: Uneven road surfaces, potholes, debris, and oil spills can pose serious risks to motorcyclists.

Inexperienced Riders: Lack of experience and inadequate training can lead to poor decision-making and handling skills, increasing the risk of accidents.

Failure to Yield: When other drivers fail to yield the right-of-way to motorcyclists, it can result in collisions.

Car Doors Opening: Motorcyclists are vulnerable to accidents when car drivers open their doors without checking for approaching riders.

In California, wearing helmets is mandatory for all motorcycle riders and passengers. This safety measure is essential in reducing the severity of head injuries in the event of an accident.

If a motorcycle accident occurs, the involved parties are required to follow certain procedures, including exchanging information, notifying law enforcement when necessary, and seeking medical attention for any injuries. Insurance claims are typically filed to cover property damage and medical expenses incurred as a result of the accident.

If an accident leads to serious injuries or fatalities, it may become a legal matter, and investigations may be conducted to determine liability and fault. This can involve hiring personal injury lawyers, filing lawsuits, and negotiating settlements with insurance companies.

Motorcycle accidents can result in a wide range of injuries due to the lack of protective barriers that other vehicles offer. Motorcyclists are more exposed and vulnerable to the impact of a collision, making the potential for severe injuries higher. Some of the common motorcycle accident injuries include:

• Road Rash
• Fractures and Broken Bones
• Head Injuries
• Spinal Cord Injuries
• Internal Injuries
• Dislocations and Joint Injuries
• Soft Tissue Injuries
• Burns
• Amputations
• Emotional Trauma

Determining liability for motorcycle accidents while lane splitting can be complex and often depends on the specific circumstances of each case and the applicable laws in the jurisdiction where the accident occurred. Lane splitting is the practice of riding a motorcycle between lanes of stopped or slow-moving traffic, which is legal in some states and countries under certain conditions.

In states or countries where lane splitting is legal:

Motorcyclist Liability: If a motorcyclist is lane splitting and causes an accident due to their negligence or reckless behavior, they may be held liable for the resulting damages. For instance, if the motorcyclist was speeding, not paying attention to other vehicles, or riding unsafely between lanes, they could be at fault.

Other Driver Liability: On the other hand, if the motorcyclist is lane splitting legally and an accident occurs because a car driver suddenly changes lanes without signaling or fails to check their mirrors, the car driver could be held responsible for the collision.

Shared Liability: In some cases, both the motorcyclist and the other driver may share responsibility for the accident. This is known as comparative negligence or contributory negligence, depending on the jurisdiction. Each party’s degree of fault will be assessed, and damages may be reduced or allocated accordingly.

Determining the exact value of a motorcycle accident case can be challenging as it depends on various factors unique to each situation. The worth of a motorcycle accident case is typically based on the damages incurred by the victim. Damages can be categorized into two main types: economic damages and non-economic damages.

Economic Damages: Economic damages are tangible, measurable losses that have a clear monetary value. They include:

Medical Expenses: Compensation for past, present, and future medical treatment, surgeries, rehabilitation, prescription medications, and any other healthcare-related expenses resulting from the accident.

Lost Wages: Compensation for the income lost due to missed work during recovery, doctor’s appointments, or temporary or permanent disability caused by the accident.

Property Damage: Reimbursement for the repair or replacement of the motorcycle and any other damaged property, such as riding gear and personal belongings.

Loss of Earning Capacity: If the injuries result in a reduced ability to work or earn a living in the future, the victim may be entitled to compensation for this loss.

Non-Economic Damages: Non-economic damages are subjective and more challenging to quantify. They include:

Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish caused by the accident and resulting injuries.

Loss of Enjoyment of Life: Compensation for the inability to participate in activities or hobbies that were previously enjoyed due to the injuries.

Loss of Consortium: If the accident resulted in a loss of companionship, support, or intimacy with a spouse or partner, they may be entitled to compensation.

Emotional Distress: Compensation for the psychological impact of the accident and the resulting injuries.

Scarring or Disfigurement: Additional compensation may be awarded for visible scars or permanent disfigurement resulting from the accident.

Two types of damages occur after a motorcycle accident that can entitle you to compensation: your personal injury damages and property damage.

Your personal injury damages would include damages from injuries to your person, including your medical bills, rehabilitation bills, and wages lost due to not being able to work. Your property damages would include damages to your motorcycle and the cost to repair or replace it.

If the driver who caused your motorcycle accident was fleeing the police, driving drunk, or operating their vehicle in any other illegal capacity (for example, driving without a license), you may also be entitled to punitive damages.

If you were not the cause of the accident, liability must be established immediately after a motorcycle accident occurs. Proving liability includes proving negligence, and the strength of your case will be based on the amount of evidence you have pertaining to liability. Our attorneys will help establish the defendant breached their duty to be a safe and competent driver. Some of the most common breaches are:

• Drivers who recklessly drive over the speed limit, drive while distracted, or participate in other illegal behavior while operating their vehicle;
• Drivers who make unsafe lane changes;
• Drivers who drive while drunk or under the influence of other substances;
• Companies who manufacture defective auto parts rendering the car unsafe for the road; and
• Drivers who get behind the wheel tired or medically impaired.

The evidence obtained by your lawyer will be used to establish the driver’s negligence. Evidence includes dashcam footage, medical files, eye witness testimony, photos of the crash, and police and toxicology reports. If you are in a motorcycle accident, it is crucial to retain a personal injury attorney as soon as possible, mainly because critical evidence, like dashcam footage, can be erased. Proving negligence through the evidence is essential to strengthening your case.