If you have been hurt in a motorcycle accident, you need the experienced Los Angeles motorcycle accident lawyers at J&Y Law on your side. California highways offer a great degree of freedom to motorcycle riders. Unfortunately, this freedom can have devastating consequences if you are involved in a motorcycle accident. J&Y Law fights for the rights of motorcycle injury victims in Los Angeles and throughout the State of California. Having a California motorcycle accident lawyer who will work to ensure you receive the financial compensation you deserve is key to moving forward with a secure future. There is never a fee unless your claim is successful and J&Y has experience litigating hundreds of claims against all of the major insurance carriers.
Attorney Yosi Yahoudai explains how J&Y Law Firm helps victims of motorcycle accidents
What Steps Should Someone Take After Being Injured in a Motorcycle Accident in California?
As lawyers, we at J&Y Law recommend that you take the following steps immediately after being injured in a motorcycle accident:
- Seek Medical Attention: Your health and well-being should be the top priority. Get immediate medical attention for your injuries, even if they seem minor at first. Some injuries may not be immediately apparent but could become serious later on.
- Report the Accident: Contact law enforcement and report the accident if the police did not show up at the scene of the accident. An official report can be valuable for insurance claims and legal purposes.
- Exchange Information: Exchange contact, insurance, and driver’s license information with the other parties involved in the accident.
- Gather Evidence: If possible, collect evidence at the scene. Take photos of the accident scene, the vehicles involved, your injuries, and any relevant road conditions or traffic signs.
- Witness Statements: If there were witnesses to the accident, try to obtain their contact information. Their statements may be valuable during insurance claims or legal proceedings.
- Notify Your Insurance Company: Report the accident to your insurance company as soon as possible. Cooperate fully with their investigation and provide accurate information.
- Avoid Making Statements: Be cautious about making any formal statements about the accident to insurance companies or the other party’s representatives without consulting an attorney first.
- Preserve Evidence: Keep records of medical treatments, expenses related to the accident, and any other relevant documentation.
- Consult an Attorney: Contacting a personal injury attorney with experience in motorcycle accidents in California is very important for getting the compensation you deserve. They can advise you on your rights, guide you through the process, and help protect your interests.
- Statute of Limitations: Be aware of the statute of limitations for personal injury claims in California. It’s the time limit within which you must file a lawsuit. Missing this deadline could prevent you from seeking compensation.
- Consider Your Long-Term Needs: Motorcycle accidents can lead to serious injuries. Consider the long-term impact on your health, ability to work, and quality of life. An attorney can help you assess the full extent of damages you may be entitled to.
Remember, every accident is unique, and seeking professional legal advice is crucial to ensure you protect your rights and receive appropriate compensation for your injuries and losses.
For a free legal consultation with a motorcycle accident lawyer serving Los Angeles, call (877) 735-7035
Leading Reasons for Motorcycle Accidents
Some of the most common causes of motorcycle accidents are the following:
- Inexperienced riders
- Speeding
- Alcohol & drugs
- Distractions (texting, talking on a cell phone, eating)
- Weaving in and out of traffic
- Tailgating
- Lane splitting
- Poor weather and road conditions
- Failing to wear or improper use of protective gear (helmet, leather clothing)
In many accidents, the point of impact is the front of the motorcycle which typically results in the most devastating and fatal injuries. As a result, costs are high, including physical and emotional pain, expensive medical bills, lost wages, and property damage. You may also be left wondering whether you will ever be able to ride again. The anxiety is compounded if the accident wasn’t your fault or was due to another driver’s negligence. California is also one of the few states allowing lane splitting which allows motorcycle riders to drive along the lane dividers in stopped or slow traffic. Unfortunately, drivers may be unaware and this has directly led to rider injury and death.
Factors in an accident must be identified to determine who is at fault, or the degree to which each party is at fault, and as a result, who is financially responsible. This determination can be complex, and chances are that all parties will not agree. It can become more complicated if the accident involved equipment failures, poor road conditions, public vehicles, or other obstacles. These complicating factors make it important to have the assistance of an experienced motorcycle accident lawyer. Los Angeles can be a tough place to make a living, but that doesn’t mean that you don’t have a right to safety while riding.
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Common Injuries Resulting from a Motorcycle Accident
Unfortunately, it is not uncommon for riders to sustain serious injuries when involved in a crash. According to the U.S. National Highway Traffic Safety Administration (NHTSA), motorcycles have 16 times the risk of injury and 35 times the risk of a fatal crash compared with a passenger car. These rates are often even higher among younger, less experienced riders. Each year, thousands die and countless more are hurt as a result of a motorcycle accident.
The most frequently injured body part is actually the legs and feet. This is followed by the arms, and then the head and neck which make up 16.8% of all injuries. Of these injuries, fractures and broken bones are the most common. This is followed closely by less serious injuries such as contusions/abrasions, lacerations, and sprains. Of course, catastrophic injuries also occur, with the possibility of paralysis and death.
Proper use of safety equipment can often reduce the severity of injuries. Riders should always dress appropriately and wear a helmet, even in states where this is not required by law. Helmets have been proven effective, specifically 37% effective in preventing motorcycle deaths.
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What Is the Statute of Limitations after a Motorcycle Accident in California?
In California, the statute of limitations for filing a personal injury lawsuit after a motorcycle accident is typically two years from the date of the accident. This means that you have two years to file a lawsuit against the at-fault party to seek compensation for your injuries and damages.
However, certain exceptions may apply that could extend or shorten the statute of limitations period. For example, if a government entity is involved, you may have a shorter time frame to file a claim. In addition, if the injured party is a minor or if the injured person discovers the injury or its connection to the accident at a later date, the statute of limitations may be extended.
It is important to consult with a California motorcycle accident lawyer like J&Y Law to obtain legal advice specific to your situation. Laws may change, so it is essential to verify this information with an attorney or by checking the most recent California statutes.
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How much compensation do you get for a motorcycle accident?
In California, the amount of compensation someone might receive after a motorcycle accident will vary widely based on the specifics of the accident, the injuries sustained, and other related factors. There isn’t a fixed compensation rate for motorcycle accidents. Instead, potential compensation can be influenced by:
- Nature and Severity of Injuries: More severe injuries typically lead to larger compensation due to increased medical expenses, longer recovery times, potential future medical needs, and greater pain and suffering.
- Medical Bills: Both past and projected future medical expenses can be compensated. This includes hospital stays, surgeries, physical therapy, and any necessary medical equipment.
- Lost Wages: If the victim missed work due to their injuries or is no longer able to work (either permanently or temporarily), they may be compensated for these lost wages.
- Property Damage: Compensation can be sought for the damage to the motorcycle and any other personal property that was damaged in the accident.
- Pain and Suffering: This is a non-economic damage meant to compensate the victim for the physical pain and emotional distress caused by the accident.
- Loss of Enjoyment of Life: If the victim’s injuries prevent them from enjoying activities they once loved, they may be compensated for this loss.
- Loss of Consortium: This compensation is for the loss of companionship or the inability to maintain a sexual relationship due to the injuries. Typically, this claim is made by the injured person’s spouse.
- Punitive Damages: In cases where the at-fault party’s behavior was especially egregious or reckless, the court might award punitive damages as a way to punish the offender and deter similar behavior in the future.
- Legal Fees: Sometimes, if you win your case, the other party may be ordered to pay for some or all of your attorney’s fees and legal costs.
Determining the exact amount of compensation can be complex and typically requires a detailed assessment of the accident and its aftermath. It’s highly recommended that anyone involved in a motorcycle accident in California consult with a personal injury attorney experienced in motorcycle accidents like J&Y Law Firm to get a proper assessment of potential compensation.
Lastly, keep in mind that California operates under a “pure comparative negligence” system. This means that if you are found to be partially at fault for the accident, your compensation may be reduced by the percentage of your fault. For instance, if you’re awarded $100,000 but were found to be 20% at fault, you’d receive $80,000.
How J&Y Fights for Motorcycle Accident Victims
J&Y’s experienced motorcycle accident attorneys will negotiate with the insurance company to ensure you receive fair compensation. They have the legal know-how to prepare the strongest arguments, and may even retain a private investigator to build your case. They will explain all your legal options, conduct a thorough investigation of the accident, and, if necessary, challenge the police report’s findings. In addition to establishing driver faults, road conditions and safety equipment may be inspected.
Most insurance companies want to pay out fast, and consequently, offer only minimal help to victims. They would rather not wait for you to discover that you have long-term medical or disability issues. To them, it’s only business, but for you, it’s about your future. Do not agree to any settlement without talking to a lawyer. If the insurance company does not agree to a fair settlement, they will pursue your case in court. It is important that you are fairly compensated for your medical bills, wage loss, and pain and suffering.
They will strive to ensure that your long-term medical, psychological, and financial needs are met.
California Motorcycle Injury Law Firm
There is a long road to recovery if you have been seriously hurt as a result of a motorcycle accident. As a result, these injuries are likely to take an emotional and financial toll. In addition to medical bills, you may have experienced lost wages and will also face pain and suffering from your injuries. Don’t travel this road alone and suffer further after an accident. Our experienced Los Angeles motorcycle accident lawyers will aggressively represent your best interests and work to get you the financial compensation you deserve. Call our office today at (877) 735-7035 to speak to a motorcycle accident attorney and for a free evaluation of your case.
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