Motorcycle accidents, unfortunately, are very common. Motorcyclists are considered equal to all other vehicles on the road. They are subject to the same laws and owe the same duty of care to other vehicles on the road. Although motorcyclists are equal to other vehicles in many aspects, there are many specific laws and regulations that only apply to motorcycles and their riders. Some of these include the following:
- Motorcyclists/passengers must wear helmets.
- Motorcycles must be equipped with right/left mirrors and functional turn signals.
- Motorcycle exhaust systems must be compliant with California law.
- Motorcyclists can legally lane split.
- Motorcyclists are to adhere to the minimum insurance requirements.
If you would like to learn more about the specific laws/regulations that apply to motorcyclists, do not hesitate to seek legal assistance with Eldessouky Law as soon as possible. Our Whittier experts are ready to provide you with the guidance necessary to reach a successful claim outcome.
The Common Causes of Motorcycle Accidents
There are many causes behind motorcycle accidents. Some of the most common causes of motorcycle accidents include the following:
- Negligent drivers: negligent drivers often fail to property check for motorcyclists before changing lanes or making turns, for example. Since motorcycles are smaller and faster than other vehicles, they usually take a greater level of care to prevent any accidents.
- Negligent motorcyclists: negligent motorcyclists often contribute to their own accidents. Weaving in an out of traffic, cutting other drivers off, and ignoring traffic rules can all result in motorcycle accidents.
- Poor road conditions: poor road conditions, such as poorly lit intersections, uncontrolled intersections, and poorly paved streets could all result. When poor road conditions result in motorcycle accidents, victims could take action against the city or the county, for example.
Establishing Liability for a Motorcycle Accident
You were involved in a motorcycle accident; who is liable? The party liable for the accident depends on the specific details of your claim. In general, the following parties could be liable:
- The driver is liable: drivers are the parties that are most likely to be found liable for motorcycle accidents. All drivers have a duty of care towards all other parties sharing the roads, including motorcyclists. Drivers have a duty of care (they must follow all laws and exercise caution) to ensure that they do not cause any accidents with motorcyclists. To prove that a driver is liable for an accident, claimants must
- The motorcyclist is liable: motorcyclists are sometimes liable (or partially liable) for their accidents. Motorcyclists have the same duty of care as other drivers. Motorcyclists have to exercise care (follow laws, etc.) to ensure that they are not involved in accidents. When they contribute to their accidents, they could be held accountable for their accidents.
- The city/county is liable: cities and counties are often responsible for maintaining roads, ensuring that they are safe for all vehicles to operate on. If the city of the county fails to keep up with the maintenance of roads, they could be held liable for the harm suffered.
For more information about liability in motorcycle accidents, do not hesitate to contact our law firm today.
Motorcycle Accidents and Insurance Claims
The damages resulting from motorcycle accidents is usually covered by the liable party’s insurance policy. What if the driver that caused the accident doesn’t have insurance? Even if the liable partied doesn’t have insurance, you could be compensated for your damages. Specifically, you could benefit from your own uninsured motorist coverage or umbrella coverage.
You’re covered if another party causes your accident, but what if the accident was your fault? Even if the accident was your fault, your medical bills (and other expenses) might be covered by your personal insurance policy. Regardless of the specific details of your accident, the damages suffered might be covered by insurance.
Important steps to follow after a Motorcycle Accident
If you were involved in a motorcycle accident, you should do the following as soon as possible:
- Evaluate and photograph your injuries
- Photograph the scene of the accident
- Evaluate and photograph all property damage
- Collect contact information and insurance information of all parties involved in the accident
- Identify witnesses and gather their contact information
- File a police report
- Seek medical evaluation and treatment
- Seek legal assistance
These are the first steps to take after a motorcycle accident. When you contact an attorney, you should be prepared with all the information (or evidence) that you gathered after your accident. Your attorney will then be able to evaluate your claim and provide you with the assistance that you need.
Why Do I Need a Lawyer?
After a motorcycle accident, seeking legal assistance is essential. As mentioned above, motorcycle accidents will usually lead to having to deal with insurance companies. Because insurance companies can cause injured victims (and surviving family members) so many problems, the parties affected by motorcycle accidents must seek legal assistance. Should you consult an attorney? Although it is possible to handle motorcycle claims without the assistance of a lawyer, doing so will be difficult – and could result in an unsuccessful claim. Because of that, the experts at Eldessouky Law always recommend that victims and surviving family members seek legal assistance for their claims. At Eldessouky Law, we are proud to stand out from all the other law firms in Whittier, California. We are proud to have the most experienced and compassionate lawyers representing our clients. If you would like to discuss your claim with the Whitter motorcycle accidents at our firm, do not hesitate to contact us today.