Even though motorcycles make up only 3 percent of registered vehicles in the US, they account for many traffic accidents. According to the National Highway Traffic Safety Administration, approximately 236 motorcycle crashes result in injuries every day in the United States. In general, the odds of getting into a motorcycle accident are 1 in 100. Although these odds are high, there are ways to prevent getting into a crash.
Human error plays a huge part in why motorcycle accidents happen. Many people claim that the lane-splitting law in California has contributed heavily to the increased number of motorcycle accidents. If you’ve ever seen a motorcyclist squeezing between cars on the freeway- that’s what lane splitting is.
How to Stay Safe
THE NHTSA estimates that helmets saved the lives of 1,872 motorcyclists in 2017. Helmets are extremely effective in preventing fatal injuries. Complete motorcycle gear such as goggles, gloves, and leather jackets can also play a role in keeping you safe. Making sure to stay visible to other drivers is crucial. You cannot assume you’re visible to other drivers.
Here are some ways to stay visible:
- Avoid other drivers’ blind spots
- drive with your headlights on
- wear reflective clothing
- always use turn signals and hand signals
After a motorcycle accident, you must act swiftly to protect your rights and seek the compensation you deserve. Learn more about winning motorcycle accident claims and the steps you should take. Your prompt action can make a significant difference in the outcome of your case.
If you have been injured in a motorcycle accident, do not hesitate to call the experienced personal injury attorneys at State Law Firm for a free consultation.
Legal Rights and Responsibilities After a Motorcycle Accident
After a motorcycle accident, you have several legal rights designed to protect you and ensure you receive fair compensation. These rights include:
- Right to Compensation: You are entitled to seek compensation for medical expenses, lost wages, property damage, pain and suffering, and other related costs.
- Right to Legal Representation: You have the right to hire an attorney to represent your interests, negotiate with insurance companies, and navigate the legal system on your behalf.
- Right to a Fair Investigation: You are entitled to a thorough investigation of the accident to determine liability and gather evidence.
- Right to File a Lawsuit: If necessary, you can file a personal injury lawsuit to seek damages from the at-fault party.
Immediate Responsibilities After a Motorcycle Accident
Taking the correct actions immediately following a motorcycle accident can significantly impact the outcome of your claim. Here are the key responsibilities you should fulfill:
- Ensure Safety and Seek Medical Attention:
- Move to a safe location if possible.
- Call 911 for emergency medical assistance.
- Get a thorough medical examination, even if you feel fine initially.
- Report the Accident:
- Contact the police and file an accident report.
- Provide accurate and detailed information to law enforcement.
- Document the Scene:
- Take photos of the accident scene, vehicle damage, and any visible injuries.
- Collect contact information and statements from witnesses.
- Gather Evidence:
- Obtain a copy of the police report.
- Keep medical records and receipts for all accident-related expenses.
- Save any communication with insurance companies.
- Notify Your Insurance Company:
- Report the accident to your insurance provider as soon as possible.
- Provide them with the necessary documentation and details of the incident.
Statute of Limitations
In California, the statute of limitations for filing a personal injury claim related to a motorcycle accident is two years from the date of loss (DOL). This means you have a limited time to initiate legal proceedings to seek compensation. Missing this deadline can result in losing your right to pursue a claim. To ensure you do not miss any critical deadlines:
- Act Promptly: Begin the claims process as soon as possible.
- Consult an Attorney: Seek legal advice early to understand the timeline and steps involved.
- Keep Track of Dates: Maintain a record of all important dates related to your accident and medical treatment.
By understanding your legal rights and fulfilling your responsibilities promptly, you can protect your interests and improve your chances of receiving the compensation you deserve.
FAQs on Motorcycle Accidents
What Should I Do Immediately After a Motorcycle Accident?
- Ensure Safety: Move to a safe location if possible.
- Seek Medical Attention: Call 911 and get a thorough medical examination.
- Report the Accident: Contact the police and file an accident report.
- Document the Scene: Take photos, gather witness statements, and collect contact information.
- Notify Your Insurance Company: Report the accident to your insurance provider.
What Are My Legal Rights After a Motorcycle Accident?
- Right to Compensation: Seek compensation for medical expenses, lost wages, and other related costs.
- Right to Legal Representation: Hire an attorney to represent your interests.
- Right to a Fair Investigation: Ensure a thorough investigation of the accident.
- Right to File a Lawsuit: File a personal injury lawsuit if necessary.
How Can I Prove Fault in a Motorcycle Accident?
- Gather Evidence: Collect photos, witness statements, and police reports.
- Hire an Attorney: An experienced attorney can help build a strong case.
- Accident Reconstruction: In some cases, accident reconstruction experts can provide valuable insights.
What Compensation Can I Receive for a Motorcycle Accident?
- Medical Expenses: Coverage for hospital bills, rehabilitation, and future medical care.
- Lost Wages: Compensation for income lost due to the accident.
- Property Damage: Repair or replacement of your motorcycle.
- Pain and Suffering: Compensation for physical pain and emotional distress.
How Long Do I Have to File a Claim After a Motorcycle Accident?
- Statute of Limitations: In California, you have two years from the date of the accident to file a personal injury claim.
What Should I Do If the Insurance Company Contacts Me?
- Avoid Giving Statements: Do not provide recorded statements without consulting an attorney.
- Consult Your Lawyer: Seek advice from your attorney before communicating with the insurance company.
- Document Communication: Keep records of all correspondence with the insurance company.
How Can I Prevent Motorcycle Accidents?
- Wear Protective Gear: Always wear a helmet, gloves, and protective clothing.
- Stay Visible: Use headlights, wear reflective clothing, and avoid blind spots.
- Follow Traffic Laws: Obey speed limits and traffic signals.
- Take Defensive Driving Courses: Enhance your riding skills with advanced training.
What Should I Look for in a Motorcycle Accident Attorney?
- Experience: Look for attorneys with a proven track record in motorcycle accident cases.
- Client Reviews: Check testimonials and reviews from previous clients.
- Availability: Choose an attorney who is accessible and responsive.
- Fees: Understand the fee structure and ensure it is clearly outlined.
Can I File a Claim If I Was Partially at Fault?
- Comparative Negligence: In California, you can still recover damages even if you are partially at fault, though your compensation may be reduced by your percentage of fault.
How Can I Keep Track of All My Expenses Related to the Accident?
- Keep Detailed Records: Save all medical bills, repair invoices, and receipts.
- Use a Journal: Document your injuries, treatments, and any impact on your daily life.
- Consult Your Attorney: They can help you organize and present your expenses effectively.
By addressing these common questions, we aim to provide valuable information and help you understand your rights and responsibilities after a motorcycle accident. For personalized legal advice, contact the experienced attorneys at State Law Firm.
