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Motorcycle Accident Lawyer in Los Angeles

Motorcycle Accident in Los Angeles

All drivers have a duty to watch out for motorcyclists. When they don’t, motorcyclists tend to suffer the consequences of drivers’ mistakes. To make matters worse, drivers and their insurance companies may try to pin the blame on the injured motorcyclist. If you’ve been hurt in a motorcycle accident, you need an aggressive attorney on your side to fight for the full compensation you deserve.

At Custodio & Dubey LLP, our motorcycle accident lawyers in Los Angeles have 40 years of experience handling cases like yours. We know the challenges you face, and we have the resources to take on aggressive insurance companies.

Contact us today for a free initial case review with a Los Angeles motorcycle accident attorney. We are available 24/7. We also charge no fees until we recover compensation for you.

Why Are Motorcycle Accident Claims More Complicated?

You might think that motorcycle accident cases are not any different from car accident cases. Unfortunately, our experience shows that motorcycle accident cases tend to be far more complicated for many reasons, including:

  • Motorcycle riders tend to suffer more serious injuries. Motorcycle riders do not have the benefit of a vehicle body equipped with seat belts and airbags. Motorcyclists are fully exposed in a collision or crash. As a result, riders often suffer more serious injuries than victims of other kinds of motor vehicle accidents. If a rider is still recovering when his or her claim reaches settlement negotiations or trial, we will need to ensure the recovery includes the rider’s future damages and expenses.
  • Riders often incur greater damages. Because motorcycle riders suffer more serious injuries, they tend to have a greater amount of damages, including medical expenses. Motorcycle accident cases can exhaust an at-fault motorist’s insurance coverage. When that happens, riders may turn to other resources to cover their costs and damages. Those resources include uninsured/underinsured motorist (UM/UIM) coverage in their own auto insurance policy.
  • Drivers try to deflect blame for accidents. Unfortunately, drivers responsible for crashes with motorcycle riders often turn to stereotypes of motorcyclists as reckless speed demons. To avoid liability, those drivers often claim that the injured rider was speeding or weaving in and out of traffic. When that attitude surfaces, it means we must build an even more persuasive case to show the other driver’s clear negligence or recklessness.

What You Need to Know About Proving Fault After a Motorcycle Crash

As with many other motor vehicle accident cases, motorcycle accidents often result in finger-pointing over who bears fault for the crash. In order to show that the other driver was at fault for your motorcycle accident, we must establish these elements:

  • The other driver owed you a duty of care. All drivers owe a duty of care to other motorists. That duty requires them to operate their vehicles in a careful and lawful manner.
  • The other driver breached that duty of care. Perhaps the other driver was speeding, failed to signal a lane change, or followed your motorcycle too closely.
  • The driver’s breach directly and proximately caused your accident and injuries. For example, by speeding or driving too closely, the other driver could not react as you slowed. So the driver ran into you, causing serious injuries.
  • You suffered damages for which you can be financially compensated. You must document your injuries, the resulting medical bills, the time you lost at work, and all other losses. You deserve compensation from the other driver for those damages.

Fair Compensation for Your Los Angeles Motorcycle Wreck Case

When you have been seriously hurt in a motorcycle accident, you will have damages of an economic and non-economic nature:

  • Economic losses are the financial expenses this accident has brought to your life, such as medical care costs and the cost of repairing your motorcycle.
  • Non-economic losses are the intangible ways your motorcycle accident has harmed you. For instance, pain and suffering or emotional distress are non-economic damages.

You can receive a settlement to pay for your losses, and you deserve enough money to adequately compensate you. Depending on the seriousness of your injuries, your life might have been changed permanently by the accident, and you will need money to provide for your future.

Your Los Angeles biker injury lawyers can help you pursue payment for:

  • Medical treatment expenses
  • Physical therapy costs
  • Loss of life enjoyment
  • Mental anguish
  • Lost work wages and lost earning potential
  • Permanent injury that leads to a disability
  • Physical scarring
  • Costs of caregiver services

What to Do After a Motorcycle Accident

After a serious motorcycle accident, take these steps to help protect your legal options for pursuing compensation from those responsible:

  • Call 911 if you have been injured. The law enforcement officials that arrive at the accident scene will prepare an accident report. This report often serves as critical evidence in a motorcycle accident claim. Request a copy of the report from the police department or highway patrol.
  • Collect information. Get the contact, vehicle registration, and insurance information from each motorist involved in the accident. If you later decide to make a claim for compensation against any of those motorists, you will know how to contact them.
  • Talk to eyewitnesses. Get the names and contact information for any eyewitnesses to your crash.
  • Take photos. Photograph and document the accident scene, including vehicle damage, skid marks, traffic controls, and road conditions. If you suffered visible injuries, photograph them as well.
  • Get medical treatment. Have your injuries promptly diagnosed. Prompt treatment will ensure the best prognosis for recovery. It will also ensure your injuries are properly documented.

Finally, speak with a Los Angeles motorcycle accident lawyer from Custodio & Dubey LLP about your rights and options.

Dealing with the At-Fault Party’s Insurer

You will submit your Los Angeles motorcycle injury claim with the at-fault party’s insurance company. You must convince the insurance company that you are entitled to damages because the insurer’s client caused your injuries.

In theory, the insurance company will examine the evidence of fault of its driver and hand you a check for your damages. Unfortunately, that is not always the way that things work out.

Insurance companies are known to resist injury claims for a simple reason: They do not want to pay for your damages. The insurer loses money every time it pays out on a claim, and it may attempt to lower your claim’s value or even deny it altogether. The insurance company may even resort to underhanded tactics. For example, they may attempt to place the blame for the accident on you.

Your Los Angeles motorcycle injury lawyer knows about the tactics that insurance companies use. We can handle all communications with the insurer so that you won’t have to.

California’s Time Limit for Filing a Motorcycle Accident Lawsuit

In California, you have a limited time to file a lawsuit for compensation for your injuries and damages. This time limit is called the statute of limitations. Under California law, the statute of limitations for a motorcycle injury case is two years from the date of your accident. In certain limited circumstances – for example, if you were under the age of 18 at the time of your motorcycle accident – the statute of limitations may be extended.

If you are involved in a motorcycle accident with a vehicle belonging to a local or state government or driven by a local or state government employee, you must provide the government with notice of your claim within six months of the date of your accident. The government must either reject your claim or you must wait 45 days before you can file a lawsuit. Regardless of when you provided notice to the government, you still must file your lawsuit within the statute of limitations.

Common Injuries in Motorcycle Accidents

Common motorcycle accident injuries include:

  • Burns, including those caused by contact with hot engine parts and those caused by road rash
  • Broken bones
  • Soft-tissue injuries, including sprains and tears of tendons, ligaments, and muscles
  • Neck and back injuries
  • Spinal cord injuries, including disc herniations or ruptures, and inflammation and tearing of spinal cord tissue, potentially causing paralysis
  • Head injuries and traumatic brain injuries
  • Internal organ injury and internal bleeding
  • Amputations

Common Causes of Motorcycle Accidents

Frequent causes of motorcycle accidents in the Los Angeles area include:

  • Speeding
  • Unsafe lane changes, when drivers fail to signal or check mirrors and blind spots
  • Unsafe left turns, where drivers fail to signal or yield to an oncoming motorcyclist
  • Driving under the influence of alcohol or drugs
  • Drowsy or fatigued driving
  • Following too closely, especially since motorcycles can stop far more quickly than larger vehicles
  • Opening doors on street-parked vehicles in front of oncoming motorcycles

Non-motorist-related causes of motorcycle accidents include:

  • Poor road conditions, including broken pavement or potholes, debris in the roadway, or slick road surfaces due to rain
  • Adverse weather conditions, including heavy rain or fog
  • Low lighting at night and early morning
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Motorcycle FAQs

You likely have many legal questions following your motorcycle collision in LA. Contact Custodio & Dubey LLP to have your questions answered during a free case consultation with an attorney.

Our attorneys are often asked these questions by our clients who have been in motorcycle accidents:

Motorcycle Accidents

Can I file an injury claim if I wasn’t wearing a helmet during the crash?

Yes, you can. Whoever caused your LA motorcycle crash can still be held responsible for the role they played in the collision. However, your settlement could be reduced if it is found that your injuries were exacerbated by your decision not to wear a helmet. In California, it is illegal for motorcycle riders and passengers to ride on a motorcycle without a helmet.

Should I talk to the at-fault driver’s insurance company about my motorcycle accident?

It is usually not a good idea to speak with the insurance company without talking to a lawyer first. Your attorney can communicate with insurance adjusters for you, which allows you to avoid inadvertently harming your claim. Insurers can be tricky, and they may try to use your statements against you to reduce your claim’s value.

Can I bring a claim even though no other vehicle was involved in my crash?

Yes. Sometimes motorcycle crashes are caused by circumstances outside of the biker’s control. For instance, a pothole could force you off the road and into a tree. The government could be liable for an accident such as this, even though no other vehicle was involved in the wreck.

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How a Motorcycle Accident Attorney in Los Angeles Can Help

If you have been injured in a motorcycle crash in the Los Angeles area, turn to the law firm of Custodio & Dubey LLP. Our motorcycle accident attorneys can help you pursue full financial compensation for your losses. You can trust that our firm will:

  • Conduct an independent, thorough investigation of your accident to recover all available evidence. This includes police accident reports, accident scene photos, dashcam/helmet cam/surveillance video footage, eyewitness statements, vehicle damage reports, and medical reports from your treatment.
  • Help you get the medical care you deserve and need.
  • Work with accident reconstruction experts to develop a persuasive analysis that shows how your accident occurred and who was at fault.
  • Ensure that all your recovery needs are taken care of during the progress of your case.
  • File insurance claims on your behalf and deal with adjusters so that you can focus on your treatment and rehabilitation.
  • Negotiate for a settlement that provides you with fair and full compensation for your past, ongoing, and future damages.
  • Prepare your case to go to trial, and advocate on your behalf to the judge or jury if necessary

Schedule a free, no-obligation consultation with a motorcycle accident attorney in Los Angeles from Custodio & Dubey LLP today. We are here to take the burden off you.