When are motorcycle accidents a legal issue?
Motorcyclists are entitled to the full protection of the law in California. That means if someone else’s negligence leads to your injury or to damage to your bike, you’re owed compensation. Sometimes negligence is hard to prove, but an experienced attorney can navigate the legal system to get you the relief you deserve and get you back on the road.
How can Formica Law Group help?
At Formica Law Group, we understand there is an intrinsic bias against motorcyclists among the public. Our lead attorney, Stefano Formica, is an avid motorcyclist himself. That’s why we bring to bear every advantage we have in a trial or negotiation. To date, we’re proud to say we’ve recovered more than $50 million in judgments for our clients.
Our expert investigators and attorneys examine every detail of your case, ensuring everyone responsible – including drivers, employers, and manufacturers – pays the compensation you deserve.
Contact us for a free consultation.
FAQs
What are the most common causes of motorcycle accidents?
If you have ridden a motorcycle in Los Angeles, you know drivers don’t pay enough attention to bikers. Just one careless mistake by a distracted driver or overly aggressive trucker can end your ride in the worst of ways.
The National Highway Traffic Safety Administration reports motorcyclists are 29x more likely to be in an accident than automobile drivers and 4x more likely to be injured. Among the most common reasons for motorcycle accidents are:
– Driving under the influence
– Speeding
– Lack of biking experience
– Hazardous road conditions
– Distracted driving
– Limited visibility
– Malfunctioning bike or car
What types of injuries are most common?
Injuries sustained from a motorcycle accident can be quite horrific even if you are wearing a helmet and obeying the rules of the road. These injuries can lead to thousands of dollars in hospital and rehabilitation expenses, ongoing pain, and disability. An experienced lawyer can help you recover funds to cover medical procedures for injuries like:
– Whiplash
– Road rash
– Traumatic brain injury
– Paralysis
– Amputation
– Bone fractures
– Spinal cord injury
– Burns
How is fault determined in motorcycle accidents?
All motorists must operate their vehicles in compliance with local traffic laws. Failure to comply with these laws can automatically put a driver at fault for any resulting accident.
Similarly, if the driver or motorcyclist is operating their vehicle without the appropriate amount of care, they may be found negligent and, therefore, at fault for an accident.
California is a comparative negligence state, which means both parties may be found partially at fault. For example, a driver who runs a traffic light and collides with a motorcycle may only be found 90 percent at fault if the motorcyclist was not wearing a helmet. In such a case, the driver would only be responsible for 90 percent of the judgment amount.
A legal team with extensive experience in motorcycle accident cases can be your advocate in ensuring your case is decided fairly and without bias.
Can I be compensated even if I’m not insured?
Although California law requires all motorists to have insurance, you may still seek compensation for your injuries from the other party if they are at fault when you are uninsured. You may recoup expenses for lost wages and medical bills, but California law will prevent you from obtaining compensation for pain and suffering if you did not have liability insurance.
What will my settlement or judgment cover?
If it is determined that another party is at fault for the accident, you can expect compensation for some or all of the following:
– Medical bills
– Future medical expenses
– Lost wages
– Diminished future wages due to accident-related injuries
– Property damage
What should I do following a motorcycle accident?
In the minutes after a motorcycle accident, you should take immediate steps to protect your physical and financial health. If you can, do the following:
– Call 911: If you or someone else is injured, call for emergency medical services. Also request police assistance so the accident can be officially documented.
– Exchange information: You should exchange contact and insurance information with involved parties.
– Preserve evidence: Take photos of the scene and document key details including time, location, and road conditions. Obtain contact information from any witnesses.
– Do not admit fault: Only provide the facts. Do not make judgments and never say it was your fault.
– Call the Formica Law Group: Ensure you have committed representation to guide you through the legal process.
What kind of judgments can be awarded?
The court may award various kinds of damages. They generally fall into two categories:
- Specific damages: These economic damages are intended to cover medical expenses, lost wages, diminished future earning potential, and property repair or replacement.
- General damages: These damages cover pain and suffering, emotional distress, and the loss of consortium.
An experienced motorcycle accident attorney can provide accurate assessments of these kinds of damages and legal strategies for obtaining the necessary judgments.
