Guide to California Motorcycle Injury Claims

While motorcycles offer a cost-effective mode of transportation and are an enjoyable pastime for others, operation comes with a high risk. Motorcycle accidents, while less common than car accidents, are significantly more dangerous, as beyond a helmet, there is little to no physical protection offered to riders. These accidents, unfortunately, can lead to various life-altering injuries and emotional traumas, and the aftermath that follows can be difficult to navigate without the guidance of a Los Angeles injury attorney. 

Below, our Los Angeles injury lawyers delve into the most common types of motorcycle accidents and injuries, providing nuanced guidance on how to proceed with a personal injury claim.

Common Types of Motorcycle Accidents

Below, we have mapped out some of the most common types of motorcycle accidents. Having a greater understanding of these common accidents can help drivers stay prepared and aware on the road. 

Left Turns

Left turns, the most common type of motorcycle accidents, occur when a car turns left at an intersection, cutting off an oncoming motorcycle. Oftentimes, drivers fail to see motorcycles due to their smaller size, and this kind of accident leads to several injuries and even fatalities

Alcohol and Drug Use

Driving a motorcycle under the influence of alcohol and/or drugs is immensely dangerous as it impairs judgment, slows reflexes, and alters one’s ability to safely operate the vehicle. 

Speeding

Speeding reduces reaction time and control, resulting in a shorter distance to stop, which amplifies the impact force at a collision. 

Sudden Stops/Rear-End Collision

Sudden stop accidents occur when drivers have to stop rapidly. This can cause rear-end collisions when the drivers fail to leave enough space between themselves and other drivers. Being aware of your surroundings and leaving a proper amount of space between you and the vehicle ahead is crucial.

Failing to Yield 

When a driver in a larger vehicle, typically a truck or car, fails to give the right-of-way to a motorcycle, it can result in a collision. This can transpire when drivers fail to see motorcyclists when changing lanes or ignore stop signs at intersections. 

Weather Conditions 

Weather conditions such as rain, snow, and ice can lead to tragic motorcycle accidents. Conditions such as lower tire traction, limited visibility from fog or precipitation, and high winds can make it difficult for drivers to control the bike and adapt to unexpected changes. 

Roadway Conditions

Roadway conditions such as uneven road surfaces, sinkholes, potholes, and broken asphalt can seriously affect motorcycle drivers. Road conditions can change quickly, so it is important to slow down on rough roads, keep a proper distance from the vehicles around you,  and consistently be aware of your surroundings. 

Distracted Driving

Distracted driving occurs when the driver is engaged in another activity, which leads to late reaction times and the inability to process changing surroundings. Both motorcyclists and drivers can be guilty of taking their eyes off the road; however, doing so can be catastrophic.

Mechanical Issues and Malfunctions

Mechanical issues such as brake failures, tire blowouts, steering defects, and worn components can lead to accidents. It is crucial to consistently inspect your motorcycle and make sure it is correctly regulated

In rare cases, a mechanical issue may be beyond your control. Under such circumstances, it is important to contact a products liability lawyer to initiate proper recalls and legal actions, ensuring the safety of everyone on the road.

Common Injuries in Motorcycle Accidents

With little protection for a motorcycle rider beyond a helmet, motorcycle injuries can be quite common and severe. Injuries can be physically painful, emotionally draining, and quite expensive. 

Road Rash

Road rash is a common skin injury that occurs when skin rubs against a paved surface. The heat that is generated from this occurrence burns skin, and the force of friction can even result in further damage to the skin and tissue underneath. 

Broken Bones

Bones can break when the force of impact exceeds what the body can handle. Because riders lack a protective enclosure, certain areas of the body may be impacted during a collision, especially when instinctively bracing during a fall. The most common broken bones from motorcycle accidents are legs, feet, forearms, wrists, hands, collarbones, and ribs. 

Brain, Head, and Neck Injuries

Motorcyclists can experience various brain, head, and neck injuries, especially if they’re not wearing a helmet. Traumatic Brain Injuries (TBIs) can vary in severity as they can range from concussions to long-term cognitive changes, physical problems, and emotional issues.

Fractures of the skull and facial features can lead to brain tissue damage and permanent scarring and disfigurement. 

Neck injuries include whiplash, which is where the head and neck are suddenly and forcefully whipped forward and backward. This can result in tearing or stretching neck muscles, ligaments, and tendons.

Spinal Injuries 

Spinal injuries from vertebral fractures and herniated disks can greatly impact the spinal cord and result in chronic pain and paralysis. With a lack of protective structures, motorcyclists are much more susceptible to these injuries and long-term complications. 

Amputations

When serious injuries lead to major bone breaks and damage to soft tissue, doctors may need to perform an amputation. In the aftermath, patients must adjust to the loss of a limb and often undergo extensive rehabilitation. Amputations can also take an emotional toll on a victim.

Severe Burns 

Severe burns can occur from accidents where spilled fluids result in chemical burns, or fire ignites from gasoline. Burns can be severe enough that doctors may need to perform a skin graft.

Muscle Injuries

Muscles can endure sprains, strains, and tears, and are common in areas such as the arms, neck, legs, and back. Individuals may experience pain, swelling, weakness, and limited mobility from muscle injuries. 

Can I Sue for a Motorcycle Accident in California?

You can file a lawsuit or personal injury claim for a motorcycle accident in California, and several important factors exist to consider when doing so. Undergoing a lawsuit can be extensive, and the length will be determined by:

  • The complexity of the case
  • How severe the injuries are
  • If there is a dispute over liability

When preparing to sue for a motorcycle accident, it is essential to have an experienced personal injury lawyer assist you. Ideally, your attorney should be practicing in the jurisdiction where the accident occurred. For example, a motorcycle accident in Los Angeles would benefit from a Los Angeles personal injury attorney.

To sue for a motorcycle accident in California, you and your Los Angeles personal injury lawyer must prove negligence. Four elements determine negligence: duty, breach, causation, and damages.

With the help of an attorney, you will need to:

  • Gather evidence
  • Determine the value of your claim
  • Formally filing a claim
  • Proceed to trial or negotiate a settlement 

Once again, the process of suing someone can be emotionally and financially taxing. Having a Los Angeles personal injury attorney by your side can help you navigate this difficult time and ensure your case is legally sound.

Can I Sue for the Injuries if I Was at Fault?

You may be able to sue for injuries even if you were partly at fault. The state of California uses a pure comparative negligence rule, which recognizes that, oftentimes, fault is shared in an accident. 

Under California Civil Code Section 1714, an injured motorcyclist may recover damages, but the compensation will be reduced by their percentage of fault. This means that if the individual proves the other party was also negligent, the jury will assign a percentage of fault to each party and award compensation accordingly.

A Los Angeles personal injury lawyer can help you navigate through these situations, providing personalized guidance for your specific case. 

Contact a Motorcycle Attorney Today

Navigating a motorcycle accident claim can be challenging, which is why it is best to seek guidance from an experienced personal injury attorney. With a strong history of handling personal injury cases, The Law Offices of John J. Perlstein is here to protect your rights and fight for maximum compensation 

John is a fantastic personal injury attorney in Los Angeles and the nearby Orange County areas, and is known for taking more cases to trial than any other local attorney. Fill out our contact form or call 213.252.1070 today for a free consultation.

Contact our office or call 213.252.1070 today for a FREE consultation.