You were enjoying your leisurely motorcycle trip when all of a sudden you found yourself lying on the road or in the hospital. A negligent driver hit you. Now you have to deal with physical pain and trauma, excessive medical expenses, lost wages, disability and other life-changing damages. In such a situation, you are probably asking yourself many questions of how to hold the at-fault party responsible, how to pursue compensation for your damages and how much it will cost you to get professional legal help.
Disaster can strike in moments and at any time. At Los Angeles Personal Injury Attorney, we understand the pain and suffering that you are going through all because a motorist did not pay attention on the road. Our attorneys are aggressive and never settle for less. We stand ready to pursue maximum compensation- we explore every option and fight every battle. We charge no upfront fees and this means that you only pay us when we recover money on your behalf. Please don’t hesitate to call us today at 424-231-2013 to receive a free consultation.
What Are the Common Causes of Rear-End Motorcycle Accidents?
Motorcyclists are erroneously depicted as careless riders whose recklessness causes a majority of motorcycle accidents. In reality, most of these accidents are caused by drivers of passenger vehicles who don’t watch their surroundings carefully. It only takes a momentary lapse in judgment to impact someone for life. Some of the most common acts of negligence which contribute to rear-end motorcycle accidents in Los Angeles include:
- Distracted driving: Anything that takes a driver's hands, eyes, or focus away from the wheel and the road can cause an accident. While California has stringent rules regarding texting and driving, there are still dozens of negligent drivers who chose to engage in distracted driving habits anyway. Distracted driving includes texting, phone calls, grooming and makeup, playing with the radio, talking to passengers or even looking away from the road.
- Exceeding the legal speed limit and therefore, there is not enough time for the driver to make a stop. If the driver is over speeding, it is easy to hit a motorcycle from the rear end.
- Tailgating: When a vehicle is following a motorcycle too closely, a simple brake check by the motorcyclist can result in a fatal accident.
- Drugs and alcohol: There is surely no reason for someone to get on the road while intoxicated but some people just don’t give a damn and choose to drive anyway. Sometimes it’s just prescription drugs which forbid driving due to their side effects and this explains why it is vital to read prescription bottles carefully. Someone driving under the influence has an impaired reasoning and cannot be able to properly tell the difference in distance between their vehicle and the motorcycle ahead.
- Failing to check blind spots for motorcyclists before changing lanes.
- Failing to respond to stopping traffic.
- Weather conditions: when the weather condition at a moment hinders visibility it is possible for a vehicle not to see the motorcycle ahead until it’s too late. At times the road may be slick and therefore, there is the need for a driver to keep a distance so as to have ample time to stop in such a situation.
- Vehicle defects and bad road conditions: Defective auto parts such as bad brakes and worn out tires in addition to poor road conditions may make stopping difficult under pressure.
Rear Accidents Can Cause Lasting Damage
Motorcyclists and bikers have very little protection in the event of an accident that involves a motor vehicle, even when wearing helmets and protective gear. Bikers are at risk of sustaining life-threatening injuries in the event of a rear-end collision because they are not protected by airbags, seatbelts or the metal frame of a passenger vehicle. The motorcyclists are often thrown away from their bikes and this means that they have no control over how they land or what they land on. Some of the common injuries that result from rear-end motorcycle accidents include traumatic brain injury, broken bones, whiplash, ruptured discs, spinal cord damage, and burn injuries. Injuries to the head or neck can be especially harmful given their tendency to affect various areas of essential function. In severe cases, the victim may suffer permanent loss of motor skills and even the ability to walk, speak or breathe normally again. Some of these injuries may not be apparent instantly and may begin to be noticeable after the accident. Most of the motorcyclists injured in a rear-end collision are unable to go to work and therefore experience a financial strain brought about by hospital bills and costly medical treatments.
When you need an experienced motorcycle attorney, the team at Los Angeles Personal Injury Attorney protects victims who have been injured through no fault of their own. We have a proven track record of taking on insurance companies to ensure that our clients get the compensation that they deserve. Getting in touch with us as soon as possible is the best course action to maximize the likelihood of financial recovery for damages caused by the negligent act or omission of another individual. Call us now at 424-231-2013 for a free consultation with one of our rear-end motorcycle accident attorneys.
Take Action Now
In California, the statute of limitation for filing motorcycle accident cases is 2 years from the date of the accident. However, the period is shorter if the liable party is a public entity such as the agency responsible for roads or if a government vehicle was involved. In this case, the claim must be filed within six months of the incident. If you fail to file a claim before the deadline expires, you may get barred from pursuing compensation. Don’t risk losing out on the compensation that you deserve- contact an attorney now.
Steps to Take Following a Rear-End Motorcycle Accident
It is possible for motorcyclists to go through a whole lifetime without a single incident but no matter how many precautionary measures you take on the road, there is the probability of being involved in an accident as a result of another person’s negligence or misconduct. You may be entitled to recover compensation for injuries and property damage following a motorcycle accident. However, to ensure the best possible outcomes for your case, you should act promptly to obtain legal counsel as well as the necessary evidence. The sooner you act the better. If possible, you should begin to collect information before you leave the accident scene. If you have been involved in rear-end motorcycle accident, the first thing that you should do is to seek medical help even if you have no apparent injuries. If you hit your head, for instance, you may sustain severe head, spine or back injuries. Apart from just ensuring your health, the medical records can provide valuable information that can be used by your attorney to support your case in the event of a lawsuit. The other steps to take after a rear-end motorcycle accident include:
- Call the police: If you do not require immediate medical assistance, you should call the police and wait for them at the scene of the accident. The police will take down information for an accident report. You should also get a copy of the report and verify that the facts stated are accurate. Your motorcycle should also be stored in a secure place so as to help the investigators hired by your attorney to reconstruct the circumstances of your motorcycle collision.
- Gather evidence: Observe the scene and take pictures of the damages, injuries, traffic signs, skid marks and other factors that explain how the crash happened. Also note down the time of the motorcycle accident, the location, road conditions and weather conditions. Note down the contact information, license number and insurance information of the driver involved. Politely ask any witnesses for their contact information. If you are unable to note these down, ask someone else to help you.
- Be careful with the information you provide to other parties. Do not offer more information than is necessary. You can only answer questions asked by the police officer but don’t admit to being liable. Moreover, be careful not to make discussions with the driver or the driver’s insurance company. Such discussions should be left to your motorcycle accident attorney.
- Call your insurer: You should call your insurance provider just to inform them that you have been involved in a motorcycle accident but do not provide further information without first speaking to a rear-end motorcycle accident attorney.
- Follow your doctor’s instructions: A doctor knows your body better than you do and therefore if you want a quick and smooth recovery, you should be able to do what they say.
Liability Issues in Motorcycle Collisions
California is a state that takes fault into full account when determining responsibility for motorcycle accidents in something referred to as comparative negligence. If the driver of the vehicle that rear-ended your motorcycle is able to prove that you were partially responsible for the motorcycle accident, your compensation for the injuries and property damage may be reduced depending on your percentage of fault. For instance, if the accident happened at night and your tail lights were not turned on, then you are also partially responsible for the rear-end motorcycle accident. If you are 25% at fault and your total damage totaled up to $100,000, then you would only receive $75,000. The situation may get even more complicated if the driver files a countersuit against you. If you are 25% at fault and the driver claims that his car was totaled, you would also owe 25% for his share of the damage to the driver’s car. However complex your case is, it is crucial to prevent the other side from placing any blame on you for maximum recovery of damages. Our skilled and experienced motorcycle accident attorney will work to disprove fault on your part and put as much effort to prove your opponent’s fault.
Settlement For Rear-End Motorcycle Collision Victims
Though such collisions can bring frustration, pain and even panic, it’s encouraging for the victim to know that the law affords them an opportunity to seek justice. Luckily, many rear-end accidents never reach the trial stage and are settled through negotiations- outside of court- between the motorcyclist’s attorney and the other party’s attorney. These parties could include a municipality, a motorcycle manufacturer or a driver who drove recklessly. However, if a settlement proves elusive because the other party disagrees with your contention that the fault was theirs, or doesn’t want to pay enough then it would be necessary to take your case to court. Whether your case settles or ends up in court, our motorcycle accident attorneys stand ready to bring impressive resources to bear on your behalf. We leave no stone unturned when it comes to fighting for every penny available for compensation.
Victims of rear-end motorcycle collisions accumulate losses which include:
- Rehabilitation and therapy costs
- Lost wages
- Reduced or impaired earning capacity
- Mounting medical bills
- Pain and suffering
- Emotional trauma
Though every case is unique and it’s not possible to predict the outcome, a seasoned motorcycle accident attorney can help you mount very strong arguments for the highest recovery possible.
Depending on the speed at which your motorcycle was hit, you may have suffered long-term alterations to your life and you, therefore, have the right to pursue action against those responsible. The compensation you seek can’t undo the damage, but it can provide you with the financial security you need to move past a serious accident. Los Angeles Personal Injury Attorney has the resources needed to investigate, reconstruct and pursue a case for optimum recovery. Our goal is to help you during this trying time. Call our offices at 424-231-2013 or fill our online contact form to schedule a free consultation from wherever you are in the Los Angeles area. We handle all cases on a contingency basis. You don’t pay until or unless we make a recovery.