Protecting Your Rights After A Motorcycle Accident
With warm and sunny weather, motorcycles are a popular choice of transportation in San Diego. While you may think that freeways are the most dangerous place for motorcyclists, many motorcycle accidents occur on surface streets, at intersections and on residential roadways.
At AK Injury Law Firm, our attorney can help you fight for the compensation you deserve after a motorcycle accident. She spent a decade helping injured clients as a chiropractor before starting her legal practice to help even more clients in the San Diego area. At AK Injury Law Firm, we leverage this unique experience to build strong personal injury cases that maximize your compensation.
Building A Strong Case To Win The Compensation You Need
Motorcyclists do not have the benefit of a car body around them like other drivers and vehicles. Being smaller and often in a car’s blind spot, motorcyclists face a unique danger and risk of serious injuries on the road. Even with a helmet and proper safety gear, motorcyclists often suffer traumatic brain injuries, broken bones, road rash and even fatalities as a result of crashes with other vehicles.
A motorcycle accident can occur due to a variety of reasons, including:
- Lane splitting and switching
- Sudden stops
- Car doors
- Reckless driving and speeding
- Poor road or weather conditions
Proving liability in a motorcycle accident can be difficult and requires an experienced attorney to help you file a strong claim. To prove that someone else caused your accident and injuries, you must show that the at-fault party’s negligent or reckless conduct led to your accident. In personal injury cases, motorcyclists are often blamed for causing the accident; however, we will thoroughly investigate your accident to determine the actual cause.
Frequently Asked Questions About Motorcycle Accidents In California
The aftermath of a motorcycle accident can feel overwhelming, especially when you are unsure about your rights and how fault is determined. Understanding the basics can help you protect yourself and build a strong case if you need to take legal action. Here are some of the most common questions riders ask after an accident:
How is fault determined in a motorcycle accident?
Fault is determined by examining evidence such as police reports, witness statements, traffic camera footage and accident reconstruction analysis. In California, the concept of “comparative negligence” may apply, meaning each party’s level of fault is considered when determining damages.
Are there any specific laws in California that motorcyclists should be aware of?
Yes, motorcyclists must follow all standard traffic laws, plus specific regulations such as wearing a DOT-approved helmet and adhering to the state’s lane splitting guidelines.
California is the only state where lane splitting is explicitly legal, provided it is done safely and reasonably. Other drivers are not allowed to intentionally block or impede a motorcyclist who is lane splitting.
It is also important to note that motorcyclists have the same rights and responsibilities as other motorists.
What if the driver who hit me was uninsured or underinsured?
If the at-fault driver does not have enough insurance, you can file a claim through your uninsured/underinsured motorist (UM/UIM) coverage. This coverage is designed to help pay for your medical bills, lost wages and other damages when the responsible party cannot do so.
If you do not have UM/UIM coverage, you may still be able to pursue compensation through a personal injury lawsuit against the at-fault driver.
What evidence is crucial for building a strong motorcycle accident case?
Key evidence can make or break your claim. Important pieces include:
- The official police accident report
- Photos or videos from the accident scene
- Medical records and treatment documentation
- Witness statements and contact information
A skilled attorney may also involve accident reconstruction experts to support your case.
What if the other driver claims I was lane splitting illegally?
Lane splitting (riding between lanes of traffic) is legal in California when done safely.
Suppose the other driver accuses you of illegal lane splitting. In that case, you should show evidence that you were operating your motorcycle responsibly such as maintaining a safe speed and maneuvering carefully between vehicles.
Get Started On Your Motorcycle Accident Claim Today
After a motorcycle accident, your expenses can quickly add up and become overwhelming. We will help you fight for compensation to cover your medical bills, lost wages and any other losses you incurred due to your accident. To schedule your free consultation, call us at 877-470-4878 or contact us online. We always provide personalized service and make ourselves available to clients 24/7.
