Motorcycle accidents are common, and when they occur, they can cause serious injuries or even death, particularly for the cyclist. The leading causes of motorcycle accidents include reckless drivers, faulty bike parts, or dangerous road conditions. Under California personal injury laws, if you suffer injuries in a motorcycle accident, you can file a lawsuit against the at-fault party. You can seek compensation for motorcycle damage, lost wages, medical expenses, future treatment expenses, and physical therapy. If you lose a loved one in a motorcycle accident, you can file a wrongful death lawsuit and seek compensation for their loss. You should seek the services of a skilled personal injury attorney to help you navigate the process of seeking the compensation you deserve.

Determining The Cause of a Motorcycle Accident Is Crucial In Establishing Liability

The common causes of motorcycle accidents include:

Negligent Vehicle Drivers

Negligent vehicle drivers are the most common cause of motorcycle accidents. In an accident involving a vehicle and a motorcycle, the cyclist is likely to suffer more extensive injuries than the vehicle driver. Unlike drivers, who have protective elements like vehicle walls, safety belts, and airbags, riders take on the impact of an accident.

Motorcycle Defects

Observing a timely maintenance schedule can prevent motorcycle accidents caused by technical problems. Check the electronics, oil, chassis, controls, and tires. You should service your bike every six to twelve months, depending on how often you use it.

Lane Splitting

Lane splitting means attempting to share a lane with another car or riding between cars occupying adjacent lanes. In this situation, a motorcyclist can maneuver and cause an accident since most drivers do not notice motorcyclists on the road. Motorcyclists should, therefore, avoid lane splitting to prevent accidents.

Hitting Fixed Objects

A significant percentage of motorcycle accidents are single-vehicle crashes. Fixed objects are the most frequent causes. You can suffer significant injuries if you hit fixed objects like light poles and parked cars. You should ensure that you understand the road conditions to avoid an accident. Riders should keep both hands on the handlebar, avoid distractions, and maintain a reasonable speed.

Dangerous Road Conditions

Fatal motorcycle accidents can occur due to dangerous road conditions. Poor road conditions include sinkholes, potholes, uneven road surfaces, and broken asphalt or concrete. You could suffer fatal injuries if you hit a pothole. You can navigate dangerous road conditions by:

  • Avoiding distractions
  • Stopping rather than swerving when possible
  • Maintaining a safe distance from the vehicle in front of you
  • Slowing down on rough roads

It could be hard to avoid dangerous road conditions. However, you can reduce the risk of accident damage by being aware of your environment and adjusting to it as required.

Inexperienced Cyclists

A novice motorcycle rider with little or no experience is more likely to cause an accident than an experienced biker. A motorist with less experience is less likely to notice motorcycles or estimate their speed. Both motorists and bikers should maintain a high level of awareness on the road to prevent accidents that involve inexperienced drivers or riders. Novice cyclists should observe all road rules, eliminate distractions, and remain aware of all other vehicles sharing the road.

Sudden Stops

A sudden stop crash can occur when the vehicle in front of you stops instantly, making you unable to react on time. Motorcyclists tend to swerve to avoid a rear-end collision. Doing this can cause you to overturn, skid, or hit other cars. A crash can turn into a chain reaction, resulting in fatalities and injuries. To prevent sudden stop accidents, motorcyclists should observe speed limits and maintain a safe distance from the vehicle ahead of them.

Motorcycle Accidents Involving Sport And Super Sport Bikes

Sport and super sport bikes are optimized for cornering, braking, speed, and acceleration. It is hard for inexperienced riders to handle these bikes because they accelerate faster. High-performance motorcycle riders should have high concentration and powerful forearm muscles to keep these bikes under control.

The fatality rate of accidents involving sports bikes is higher than that of a normal motorcycle. The fatality rate of accidents involving supersport bikes is even higher than that of a standard motorcycle. You should observe the speed limit to avoid high-speed motorcycle accidents. Avoid riding these bikes on busy roads if you have no experience handling them.

The Liable Party In Accidents Caused By A Motorcycle Malfunction

A defective motorcycle component could have caused the motorcycle accident. According to the ''products liability'' statutes, the business that manufactured, sold, or designed the defective part or product could be responsible for your injuries.

In a product liability lawsuit, you do not need to provide evidence showing that the manufacturer was negligent. Strict liability in motorcycle defect lawsuits could be imposed for failure to warn users of any defects, design defects, or manufacturing defects.

You can only recover damages in a product liability case if you prove the following:

  • You sustained the injury because of a product defect (motorcycle).
  • You used the product reasonably
  • The product had a defect when it left the manufacturer’s possession
  • The manufacturer produced, designed, sold, or distributed a defective product

The following would constitute product defects in a motorcycle accident:

  • OEM as well as aftermarket parts
  • Mass-market products
  • Custom parts
  • Custom motorcycles

The manufacturer could be responsible for your injuries even if the part is not explicitly designed for a specific motorcycle. A product liability claim can also arise due to the manufacturer's failure to notify you of the presence of the defect.

Determining Whether A Motorist Is Liable For Your Motorcycle Accident

You can only file a personal injury lawsuit against a vehicle driver if you prove the driver’s negligence. The elements you have to prove could include:

  • The motorist owed you a duty of care
  • The motorist breached that duty of care through negligence
  • The motorist’s negligence was a significant factor in causing your injuries

A driver does not need to be familiar with you to owe you a duty of care. Any motorist on the road owes a duty of care to other road users, including motorcyclists, cyclists, pedestrians, and other drivers. A motorist could be responsible for your injuries if he/she was not acting like a reasonable driver would under the same circumstances.

Negligence Per Se

Sometimes, you do not have to provide evidence that a vehicle driver acted negligently. A motorist could be considered negligent per se if he/she violated a traffic law when the accident occurred.

You should prove the following elements to show negligence per se:

  • The motorist violated the law, regulation, or ordinance
  • The violation resulted in your injuries
  • Your injuries resulted from a violation of the law, regulation, or ordinance designed to prevent accidents
  • You are a member of a group that the law, regulation, or ordinance was designed to protect

Negligence per se can be demonstrated in a motorcycle accident by a violation of traffic laws as follows:

  • Driving under the influence of drugs or alcohol
  • Failing to maintain the vehicle
  • Reckless driving
  • Texting while driving
  • Distracted driving
  • Running a stop sign
  • Failure to yield
  • Following too closely
  • Speeding

The Liable Party In A Motorcycle Accident Caused By Poor Road Conditions

According to the premises liability statutes, the government could be responsible for accidents on its roads if it fails to keep the roads in a reasonably safe condition. The government must exercise reasonable care:

  • Notify the road users of any dangerous conditions
  • Repair any potentially hazardous conditions
  • Maintain and inspect the roadways

You will be required to prove the following elements when filing a personal injury claim against the state, a government agency, a county, or a city:

  • The county, city, or state owns or controls the roadway
  • The road was in a dangerous condition when the accident occurred
  • The dangerous condition created a reasonably foreseeable risk of harm that occurred
  • The state, city, or county was aware of the hazardous condition yet did not take the necessary action
  • You suffered injuries
  • The dangerous road condition was a significant factor in causing your injuries.

When You Are Partially Liable For A Motorcycle Accident

Do not admit fault when any other party involved in the motorcycle accident alleges you are responsible. The other party could still be partially responsible for your injuries, even if you share some blame. According to the ''comparative fault'' statute, the jury can apportion fault and damages if more than one party is liable for the accident.

If you are partly to blame for a motorcycle accident, the judge can reduce your compensation depending on your degree of fault.

The Steps You Take After A Motorcycle Accident Will Affect Your Ability To Seek Compensation

It is essential to understand what you should do after a motorcycle accident. Some of the steps you should take include:

Call The Police

You should call the police to file a report if you have suffered injuries in a motorcycle accident. A police report is necessary because it lets you tell your side of the story regarding an accident. The police report will be crucial while seeking compensation for your injuries.

Seek Medication

No matter how minor or insignificant your injuries seem to be, you should seek immediate medical treatment after a motorcycle accident. Injuries that seem minor could later cause significant and chronic pain. They could also prevent you from living a normal life.

Gather Information And Document The Scene Of Accident

You should record the names, contact information, license plate numbers, and insurance details of all the parties involved. This will be crucial when filing an insurance claim and any other legal proceedings that will follow.

Notify Your Insurance Company

After your involvement in a motorcycle accident, you should notify your insurance company immediately so that they can start working on your claim. Ensure that you provide detailed and accurate information regarding the accident.

Contact Your Personal Injury Attorney

It is wise to consult your attorney, given the complexities of motorcycle accidents and the potential injuries that can result from the accident. Your attorney will guide you through the legal process, assess your damages, and help you seek reasonable compensation. Your attorney will also help you determine liability and negotiate with the insurance company.

The Damages You Can Recover In A Motorcycle Accident Case

Some of the damages you can recover in a motorcycle accident claim include:

Pain And Suffering

You can seek compensation for the physical pain and mental anguish that you suffer in a motorcycle accident. The following are the typical types of pain and suffering:

  • Sexual dysfunction
  • Terror
  • Shock
  • Ordeal
  • Nervousness
  • Mortification
  • Loss of quality of life
  • Loss of enjoyment of life
  • Humiliation
  • Grief
  • Indignity
  • Embarrassment, among others

There is no specific standard for determining the pain and suffering awarded. The judge could only consider the following:

  • The level of carelessness exhibited by the liable party
  • The extent of injuries you suffered
  • The general emotional and physical distress experienced by most victims who suffer injuries similar to yours
  • The ultimate results and expected recovery
  • The ongoing treatments needed and the medical care provided to you
  • The anticipated recovery period for your injuries
  • The impact of your injuries on your social and professional life
  • The impact the injuries have on your daily existence

The judge will use their judgment to determine a reasonable amount for pain and suffering damages if you provide evidence showing that you suffered certain physical injuries. You can use the following evidence to prove pain and suffering:

  • Social media posts, emails, and texts
  • Expert testimony about medical suffering, lost earning capacity, bodily injury, and other relevant information.
  • Evidence of lost work time
  • Testimony from family members, co-workers, and friends
  • Before and after videos showing your activity levels
  • Journals of your activities, including pain scales

Medical Bills

Under California law, a person who wrongfully causes an accident or harm is liable for the injured person's medical bills. The at-fault person, the liable company, or the at-fault party's insurer could pay the bills directly.

Unfortunately, liable parties rarely admit liability or meet the bills right away. Several ways are available to obtain your medical bills while waiting for your case to go to trial. Private health insurance is one of the options. Another alternative could be personal insurance like a renters or homeowner's policy.

Loss Of Consortium

You can file a personal injury lawsuit to seek loss of consortium if your spouse or registered partner suffers injuries in a motorcycle accident. According to California Jury Instruction 3920, loss of consortium means loss of love, comfort, assistance, companionship, moral support, or the ability to sire children. Loss of consortium allows you to recover non-economic damages. Recovery does not constitute economic losses like your injured partner’s medical bills or lost earning capacity.

You can only recover the loss of consortium if you prove the following elements:

  • A Registered domestic partnership or a valid and legal marriage
  • A wrongful injury to your partner or spouse
  • You suffered a loss of consortium
  • Your partner's injury resulted in the loss of consortium

Lost Earning Capacity

The law allows you to recover damages for lost earning capacity in a motorcycle accident lawsuit. When you suffer injuries in a motorcycle accident, you will never be able to work the way you did before the accident. Even if you resume employment, your productivity will likely be lower than when you were employed.

Lost earning capacity compensates you for income associated with work that can be lost in the future because of the accident. You can receive lost earning capacity whenever your injury has not fully recovered by the time of trial or settlement. Lost earning capacity can include the following:

  • Bonuses
  • Commissions
  • Salary
  • Raises
  • Self-employment income
  • Overtime pay
  • Vacation, personal, or sick days

Filing a Wrongful Death Claim In a Motorcycle Accident

You can file a wrongful death claim if you lose your spouse, domestic partner, or any other relative in a motorcycle accident. The following are the family members who can file a wrongful death claim:

  • A domestic partner or surviving spouse
  • Surviving children
  • Surviving grandchildren
  • Any other person entitled to the decedent’s property under the intestate succession laws

The damages available in a wrongful death claim can constitute any expense related to the loss of the family member, including:

  • A claim for the loss of support and companionship
  • Lost financial earnings the deceased would have earned if he/she had survived
  • Funeral and burial expenses

Find An Experienced Personal Injury Attorney Near Me

If another party's carelessness caused the motorcycle accident, you could be able to seek compensation for both economic and non-economic damages. You can hire an attorney to examine your case, gather essential details to support your lawsuit, and seek a settlement for your injuries. A skilled motorcycle accident attorney can clarify how much compensation you are eligible for under current laws and regulations. The appropriate compensation varies on a case-to-case basis. At the Los Angeles Personal Injury Attorney, we will ensure you receive the compensation you deserve. We have helped motorcycle accident victims file lawsuits against the liable parties for years. Contact us at 424-231-2013 to speak to one of our attorneys.