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Los Angeles Motorcycle Accident Lawyer

We are a team of personal injury and accident lawyers dedicated to protecting the rights of motorcyclists in Los Angeles County and across the State of California. Although motorcycles do not make up even 10% of the vehicles on the road, they are involved in 10% of automobile accidents – meaning motorcyclists are at a greater risk of injury and even death when compared to other drivers. Further, in California, lane splitting is legal, and not all drivers pay close enough attention to motorcycles that are driving in the gaps between cars in traffic. This practice requires attentiveness from all drivers, but it is still dangerous and can lead to injury.

The Dangers of Motorcycles
Motorcycle accidents result in higher degrees of injuries and fatalities than any other type of motor vehicle collision. This is because there is no exterior protection for a motorcyclist. While vehicles have airbags, windows, seatbelts, cushioned seats, and other materials that are manufactured into the car to keep the passengers as safe as possible, motorcycles are merely engines with seats attached to them. They do not have seatbelts or airbags like cars do, for instance. A motorcyclist can wear protective gear in the form of pads and a helmet, but if he is struck by another vehicle, he has nothing stopping from being crushed or flung off the bike.

There are numerous injuries that are common in motorbike accidents. Some of the most common are as follows:

  • Crushed limbs, which can result in extensive surgery, permanent damage to appendages, or even forced amputations of the hands, legs, and other body parts.
  • Head and brain trauma, which leads to fractured skulls, brain swelling or edema, hemorrhages, traumatic brain injuries, and permanent mental disorders.
  • Spinal cord damage, resulting in paralysis, quadriplegia, and paraplegia, as well as disc issues, chronic back pain and stiffness, and vertebrae damage.
  • Facial injuries, including facial fractures, broken cheekbones, broken noses, shattered teeth, loss of vision and ocular damage, deep lacerations, and permanent disfigurement.
  • Broken and fractured bones all over the body,  including pelvic fractures, cracked ribs, broken legs, broken arms, broken feet, and broken necks.
  • Bodily injuries like deep cuts, sprains, dislocations, mangled appendages, and internal bleeding.

Who Can Be Sued by a Motorcycle Accident Attorney?
Determining who to sue can be a confusing process, but there is a clear set of rules to follow in terms of breached care. When driving on the road, all drivers are expected to afford common care and duty to fellow drivers. For a personal injury lawsuit regarding negligent actions resulting in a motorcycle accident to go through to the courts, the plaintiff must prove four elements. The injured person was owed a duty of care, which is true as all drivers must use care in driving their vehicles; that duty was breached or ignored; that breach, or negligent act while driving, lead to a motor vehicle accident; and that accident was the cause of physical harm to the plaintiff. This is a cause and effect system, and if any of the elements are proven false, the entire system fails. In proving these four elements, you can sue the responsible parties for your motorcycle accident. However, you do not only have the option to sue other motorists.

There are numerous parties that can be held liable for motorcycle accidents. Below is a list of common defendants in motorcycle accidents in the State of California.

  • Other motorists on the road can be sued for negligent driving, speeding, and driving under the influence. Negligent driving can be defined as anything reckless, such as texting while driving, not paying attention to the road, and being preoccupied while on the phone. Driving under the influence also contains various substances that can alter or impair judgment and motor skills; these substances include drugs, over the counter medication, alcohol, and painkillers.
  • Manufacturers of motorcycles can have lawsuits brought against them for defective design or manufacturing of a motor vehicle. Duty, as discussed before, works slightly differently here when it comes to manufacturers; if a company failed to properly test parts of the motorcycle or willingly sold the vehicles with the knowledge that malfunctions were likely, the company can be sued for negligence. Common malfunctioning parts on motorcycles include brake lines, tires, and exhaust pipes.
  • Government entities may be sued for their parts in motorcycle incidents. CALTRANS, or the California Department of Transportation, may have defective highway designs that pose dangerous threats to motorists, or they may improperly cone and code construction zones.
  • 3rd Party Liability claims can be filed against employers whose drivers caused the accident. For instance, a truck driver who was transporting cargo may have turned without paying attention to the lane behind him, and hit your motorcycle, leading to injuries and damage to the bike. You may be able to seek restitution from the company, as the driver was on company time performing his job duties when the accident occurred.

Filing a Motorcycle Accident Lawsuit – Recovery for Injuries

Motorcyclists who are victims of traffic accidents are entitled to compensation for damages suffered in the incident. When an accident was caused due to the negligence of another and the plaintiff was not at fault, a settlement is much more likely. The value of a personal injury lawsuit in a motorcycle accident case is dependent on numerous factors. These factors include:

  • The extent of your physical injuries. This is determined by medical expenses, hospitalization fees, medication costs, and future medical needs like corrective surgery, physical rehabilitation, and revision procedures.
  • Financial losses. This includes lost wages due to time spent out of work because of hospitalization or recovery, future loss of earning capacity because of disability or prolonged recovery time, and property damage. Property damage can include damages to the motorcycle, but also pertains to any other belongings that were present and lost or broken at the time of the accident.
  • Non-economic damages. These damages deal with monetary compensation for pain and suffering associated with your injuries. Pain and suffering includes mental stress, fear, anxiety, emotional trauma, and other mood and psychological problems that came about in the wake of the accident.
  • Punitive damages. Punitive damages are meant to further punish the defendant for his negligence; in the event that the defendant willingly caused you harm or acted in a grossly negligent manner, punitive damages may be awarded to further compensate you for your injuries. Though not jail time, this restitution may be enough punishment; it is, however, not easy or common to receive punitive damages in these types of accidents.

Timeline for Filing a Claim
When you are seeking a personal injury lawsuit, you should be aware that you have a certain amount of time to file the claim before the statute of limitations runs out. In California, you have up to two years from the date of the accident to file a personal injury claim. If you miss the deadline, you are generally not able to pursue legal action and damages for your injuries.

However, if you are attempting to file a claim against an agency within California, as in a state, county, or city entity, you have six months to file a claim, and the process is slightly different. We recommend immediately hiring a personal injury attorney to assist you with any case you have, but especially in the instance you want to pursue legal action against the government.

How Our Firm Helps You
If you have sustained injuries in a motorcycle accident, you should seek legal representation from a personal injury attorney in Los Angeles who is dedicated to protecting your rights. If you or a loved one has sustained injuries or there has been a fatality in your household due to a motorcycle crash, feel free to contact a Los Angeles lawyer specializing in car accidents and motorcycle accidents.

Our law firm has been presiding over personal injury cases for years, and we take your rights as a motorcyclist seriously. We will aggressively pursue the insurance agencies of the responsible parties and fight for your fair settlement for a motorcycle accident. We do not rest until we have brought you a fair settlement, and you can rest knowing you are taken care of.

Call us today for a free legal consultation to discuss your motorcycle accident and your pursuit of a personal injury claim. We will give you advice on the best route forward and what we can do to help you be justly compensated for your damages. Our attorneys are available at all times of the day and are willing to answer your questions and concerns about any relevant matter.

In choosing us, you also receive a zero fee guarantee. When we take on a case, we do so free of charge – you pay nothing throughout the entire process. We feel that out of pocket expenses take a huge toll on clients, and they should not be worse off if we cannot win their cases. Only when we win your case and bring you a settlement do you owe us any fees for our services. We put you first ahead of ourselves, and we want you to get what you deserve as quickly as possible.

Call our law firm today for more information on filing a personal injury claim in the wake of a motorcycle accident.

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I am very satisfied with the service that I received from this law group. I was in a car accident and I needed an attorney and I am glad I found these attorneys. Experience is very important in law. Because if someone has experience they are better at what they do. If you need an experienced car accident lawyer I would not hesitate to call them.
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