It is difficult to know what to do after a motorcycle accident. You need the advice of an experienced Los Angeles motorcycle attorney to help protect your legal rights. Arash Law is a motorcycle injury law firm.
We know how to handle motorcycle cases, and our attorneys are skilled motorcycle accident lawyers. Let us deal with the insurance company so that you can focus on recovering from your injuries, secure in the knowledge that your claim is being handled properly.
A motorcycle accident claim can be overwhelming – especially if you have never had to deal with an insurance company. As a victim, it’s important to understand that the insurance company handling your case will do everything it can to pay you as little as possible. Fortunately, with the help of an experienced motorcycle accident lawyer in Los Angeles, you can protect your rights.
In the material below, you will learn about the causes of motorcycle accidents and the common injuries that they cause. We will also discuss your legal right to compensation and how you and an attorney can ensure that you get the compensation to which you are entitled under California law.
Los Angeles is home to major industries. Fashion, finance, media, entertainment, and international finance have all established major hubs here in the greater L.A. area. We also have many educational institutions and academic programs. These factors have brought a wide variety of people from all over the world to our sunny shores.
Los Angeles also has an ideal climate for motorcycle riding. We enjoy sunshine all year long, and our temperate climate means riders don’t face seasonal weather challenges. Without much rain, snow, or ice, motorcyclists can usually ride all year long.
Unfortunately, this means that there are a lot of motorcycles on the road all year long. Combined with our infamous L.A. traffic, this can be a recipe for disaster. Motorcyclists are at an increased risk of being involved in an accident in heavy traffic. When motorcycle accidents do occur, motorcycle riders sustain far more serious injuries than the occupants of passenger vehicles do.
There are many, many ways that a motorcycle rider can be injured while on the road. Our motorcycle accident lawyers in Los Angeles have seen all kinds of motorcycle accidents. Though not every accident can be avoided, it is still important to be aware of some of the most common causes of motorcycle accidents.
Doing so can help reduce your risk of being involved in a deadly motorcycle accident.
A common problem for motorcyclists is that drivers simply aren’t looking out for them. Being smaller and having less lighting, motorcycles are more difficult to see in the roadways than larger passenger vehicles.
This is especially true at night, in cloudy weather, and during other times of limited visibility. Motorcycle riders should be aware of the possibility that drivers will not see them. Use your light and horn as necessary to alert drivers to your presence. Allow plenty of space between your bike and other cars in the roadway.
Motorcycle riders – whether they are the driver or the passenger – are more susceptible to being injured than someone inside a vehicle. Riders’ higher injury risk because passenger vehicles have comprehensive safety systems that protect their occupants during a collision. Seat belts and airbags drastically reduce the severity of injuries that victims suffer in an accident.
Even a vehicle’s steel frame is designed to absorb the force of an impact, making vehicle occupants much safer. Motorcycle riders have none of this protection. Often, their bodies absorb the full force of a collision with a tree, the road, or another vehicle. This force causes serious injuries that are fatal in far too many cases.
If your injuries are not fatal, they can still endanger your life. These life-threatening injuries often have permanent consequences. Common examples include:
Less serious injuries might not be life-threatening, but they are still incredibly painful. Some examples are:
Long-term damage can also affect your mental health. Understandably, an injury victim will feel frustrated after a long and painful recovery for a permanent injury. Issues with mental health can lead to irritability, difficulty sleeping, mood swings, depression, or anxiety.
Sometimes all of these symptoms will occur after you are injured. It is important to take care of your mental health after an accident, just as you take care of your physical health. Make sure you speak with a motorcycle injury attorney right away.
California is currently the only state in the U.S. that allows lane splitting, a controversial (and potentially deadly) practice in which a motorcycle drives between two lanes of cars that are either stopped or moving very slowly. Because drivers are rarely expecting to find another vehicle between lanes of traffic, they can hit motorcycles while changing lanes.
Motorcyclists also contribute to the danger by driving too quickly. Motorcyclists should avoid lane splitting when traffic is moving faster than thirty miles per hour. Riders should also not go too much faster than the traffic surrounding them. Despite these risks, some motorcycle riders drive too fast when lane splitting and cause their accidents.
Lane splitting has an unusual legal status in California. It was never officially made legal – instead, the legislature never passed a law prohibiting it. In its place, the California Highway Patrol has issued recommendations for how to lane split safely. Because lane splitting is not illegal, you cannot receive a traffic citation for doing so safely.
But if you negligently drive while you are lane splitting, you can be found at fault for any accident that occurs. Being liable for an accident prevents you from being compensated for your injuries from another driver. You might also have to cover your property damage and pay increased insurance premiums.
Any auto accident can be an overwhelming experience. If you know what to do after a collision, you will be better prepared to address your medical and legal needs. Here are a few steps to follow after being involved in a motorcycle accident:
It is always important to call 911 after being involved in an accident. Even if you are not injured, someone else on the scene might need medical attention. And even if no one appears to need an ambulance, you still want the police to respond to the scene. Insurance companies consider police reports to be strong evidence of what occurred in an accident.
Unlike the involved drivers, who are considered biased witnesses, a police report is prepared by a third party who wasn’t involved in the accident. Police at the scene will also ensure that everyone involved exchanges all insurance and identifying information properly. Obtaining this information is the first step toward filing a claim with the other driver’s insurance company.
While you are on the scene, it is important not to discuss what happened in the accident. These statements could be used against you later. Simply find out if anyone needs medical attention. Do not admit fault for the accident. Do not get into an altercation with the other driver. Simply make sure everyone is taken care of and get the necessary insurance information without discussing the case.
Many injury victims do not want to leave the scene of an accident in an ambulance. You should not hesitate to let the emergency medical technicians take you to the hospital if needed. Not only will they be able to administer medical care along the way, but they are also trained to transport you without exacerbating your injuries. If you try to go to the hospital yourself, you might further complicate a bone fracture, or aggravate painful nerve damage, or increase the rate of internal bleeding. It is simply not worth the risk of aggravating your injuries into a potentially life-threatening condition.
If you do not feel it is necessary to go to the hospital in an ambulance, you should still let a doctor check you over as soon as possible. You do not always know that you are injured immediately after an accident. Some injuries can only be detected by a doctor. If, for example, you are bleeding internally, you might not feel any pain or other warning signs. But a doctor might be able to diagnose this by monitoring your low blood pressure. Internal bleeding can lead to death within hours or even minutes if left untreated.
After you finish up with the police on the scene of the accident, you should visit an urgent care facility or the emergency department of a nearby hospital. If you can visit your primary care physician, that is also a good option, but do not wait too late to make an appointment. If your primary care provider cannot see you for a few days, your injuries could worsen. Not only will this needlessly endanger your health and cause you more pain, but it can also impair your legal right to compensation.
The insurance company could claim that you made your injuries worse by failing to get medical care right away. An experienced motorcycle accident lawyer can help defend you from these claims. Still, it is important to be able to document that you did take the necessary steps to get appropriate medical care.
As we have discussed, your legal rights can be impacted as soon as an accident occurs. Anything you say at the scene of the accident can be used against you. If you do not have an attorney, the insurance company can call you and ask for a recorded statement about what happened in the accident. This, too, can be used against you. You have the right to decline to make this statement and consult with a lawyer.
The sooner you have an attorney fighting on your side, the better protected your legal rights will be. Once you have hired a motorcycle accident lawyer in Los Angeles, the insurance company can no longer contact you about the accident. All communications must go through your attorney’s office. You should meet with a lawyer as soon as your medical needs have been addressed, and you can safely do so. Even if you are not able to go out and meet a motorcycle injury attorney in person, you can still have a telephone consultation. Our attorneys may also be available for video conferences and other virtual meetings. Do not wait to get advice from an attorney. The sooner you have a motorcycle accident lawyer on your side, the better protected your legal rights will be.
It is rare for a doctor to release an injury victim from their care without making recommendations regarding future treatment. You might need to consult with a medical specialist. You might need x-rays or other diagnostic testing or imaging. You might need rehabilitation services with a speech pathologist or occupational therapist. You might need pain management arranged by a physical therapist or pain specialist. Or maybe the doctor simply wants to see you in a few weeks to be sure your injuries are healing as they should be. Whatever the recommendations are, be sure to follow them.
Insurance companies flag claims when there is evidence the injury victim did not follow through on recommendations for medical care. The claims adjuster might try to make a lowball offer, claiming that you exacerbated your injuries, and they are not liable for all of your pain and suffering. In some extreme cases, the insurance company might try to deny liability for your injuries altogether.
An experienced motorcycle accident lawyer in Los Angeles can usually prevent your claim from being denied if the accident was caused by the other driver. But it is difficult to fight for the compensation you deserve if you cannot document that you followed your doctor’s recommendations for consultations, treatment, rehabilitation, and other services. By following through, you are not only giving your body the best possible chances for recovery, but you are also protecting your legal right to be compensated for all the injuries you have suffered.
Anything you say or do can be used against you when it comes time to prove your claim. This includes information that you think is private. Insurance companies can subpoena your employment records, medical records, and other information that is relevant to your claims for injuries or lost wages. They can even take information from your social media accounts. This has become a favorite tactic of insurance investigators: because people voluntarily place so much information online, investigators now simply have to find a way to access it. Do not think you are safe just because you have private account settings.
First, it is important to double-check your account and security settings as soon as possible. Make sure that no information is publicly available. Do not accept any connection requests from users who you do not know in person. Do not click on any suspicious links. Second, you should not post information about the accident, even for your friends.
The information could be shared without your knowledge or consent. Potentially damaging information includes photos, status updates, and other information that can you may share over social media. The insurance company could use something as simple as a gym selfie against you. The insurance company might claim that, if you are healthy enough to work out, you are healthy enough to go back to work.
The general rule is that you should not share any unnecessary information with anyone until your motorcycle accident lawyer has resolved your case. There are some obvious exceptions: you will need to tell your doctor what happened and what symptoms you are experiencing. You will need to explain to your employer why you need time off work. But in general, you should not share information about your symptoms unless it is necessary. You also should not say anything about the accident to anyone who doesn’t need to know about it. You might enjoy making small talk with your postal carrier or bank teller, but they should not know about your case.
There are many reasons why you should hire a motorcycle injury attorney in Los Angeles. Even if you think you can handle the insurance company, there are many legal issues in play that can quickly get you in over your head. Insurance companies know this. They want people to try to negotiate their claims. Then, the insurance company can swoop in with experienced claims adjusters and an army of corporate lawyers to deny your legal right to compensation for your injuries.
Only a Los Angeles motorcycle accident attorney can give you a fair valuation of what your claim is worth. Remember, the insurance company is not on your side. They will try to lowball you and pay as little as possible. Even a motorcycle injury lawyer from another state may not know what your claim is worth. The cost of medical care in your area can affect the value of your claim.
Here are just some of the many losses for which you have the right to be compensated:
In some cases, punitive damages are available to punish defendants for particularly bad conduct. For example, if a manufacturer tried to hide the fact that it knowingly sold bikes with defective braking systems, it would likely lead to punitive damages. These kinds of damages are not always available to defendants, but they can greatly increase your recovery. Ask your Los Angeles motorcycle accident lawyer if punitive damages might be available in your case.
The person who is at fault for a motorcycle accident has a legal obligation to compensate all injury victims for their losses. This obligation is why the insurance companies begin a claim by investigating who caused the accident. In some cases, like rear-end collisions, liability is obvious. But many accidents are far more complicated.
The other driver’s insurance company might claim that you were partly at fault for causing the accident and try to reduce your compensation accordingly. They might even claim that you were entirely at fault and deny your claim altogether. A Los Angeles motorcycle accident lawyer can prevent this. Experienced attorneys know how to prove liability for motorcycle accident cases.
In most injury cases, you are only allowed to file a lawsuit in court within two years of the date of the accident. This fact means that your attorney must investigate the case, open a claim, and begin negotiations with the insurance company in that timeframe.
These steps take time. Your motorcycle injury attorney will also need to preserve evidence before it is lost. You should not delay in hiring a Los Angeles accident lawyer. The sooner you have an injury lawyer on your side, the better protected your legal rights will be.
Instead of searching the internet for “motorcycle accident lawyers near me,” you should start at Arash Law. The best motorcycle accident attorneys in California are ready to help you. Our experienced Los Angeles motorcycle accident lawyers have helped many injury victims protect their rights to compensation.
We have collected over 200 million dollars for clients in San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and throughout California. We have experience handling the unique issues that arise in motorcycle accident cases. Call (888) 488-1391 or contact us online to schedule your free consultation. We are a motorcycle accident law firm, and we know how to fight for you.
In most injury cases, you are only allowed to file a lawsuit in court within two years of the date of the accident. This fact means that your attorney must investigate the case, open a claim, and begin negotiations with the insurance company in that timeframe. These steps take time.
Your motorcycle injury attorney will also need to preserve evidence before it is lost. You should not delay in hiring a Los Angeles accident lawyer. The sooner you have an injury lawyer on your side, the better protected your legal rights will be.
the law offices of arash khorsandi, pc.