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 Los Angeles motorcycle accident lawyers 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.