Eisenberg Law Group

Motorcycle
Accident Attorneys

Motorcycle Accident Lawyer Los Angeles

Motorcycle accidents are much more likely to be fatal or to cause debilitating injuries than car accidents because motorcycle riders are more exposed and have less protection than traditional automobiles.  Further, when a motorcycle is struck by a car, truck or bus, the motorcycle rider is almost always ejected from the motorcycle, often resulting in significant injuries.

What Causes Motorcycle Accidents?

According to the U.S. Department of Transportation, there are 27 times more deaths of motorcycle riders than car drivers. Although helmets have been shown to be 37% effective in preventing motorcycle deaths, well over half of U.S. states do not require riders to wear them.

The following are common causes of motorcycle accidents:

  • Potholes or other defects in the road
  • Distracted driving by another driver on the road
  • A driver failing to yield to the motorcycle’s right-of-way
  • A driver running a stop sign and colliding with the motorcycle
  • A driver running a red light and colliding with the motorcycle
  • Sudden lane changes by cars, trucks, or buses that do not see the motorcycle
  • Malfunctions or manufacturing defects with the motorcycle itself

Why Do Motorcyclists Get a Bad Rap?

It is true that there is a certain stigma associated with riding a motorcycle.  Many people believe that motorcyclists are taking a risk by riding without the traditional protections of a car or truck.  However, motorcycle riders are most certainly not always to blame for motorcycle accidents.  Under California law, motorcycle riders are held to the same negligence standard as all other drivers on the road. 

The California Highway Patrol has provided the following tips for drivers driving near or around motorcyclists:

  • Lane splitting (riding between two lanes) by motorcyclists is legal in California.
  • Intentionally blocking or impeding a motorcyclist in a way that could cause harm to the rider is illegal.
  • Opening a vehicle door to impede a motorcyclist is illegal.
  • Drivers in the far left lane should move to the left of their lane to give motorcyclists ample room to pass.
  • Partial or full paralysis
  • Loss of limbs

The California Highway Patrol has provided the following lane splitting safety tips for motorcyclists:

  • Consider the total environment when you are lane splitting (this includes the width of lanes, the size of surrounding vehicles, as well as current roadway, weather, and lighting conditions).
  • Danger increases at higher speed differentials.
  • Danger increases as overall speed increases.
  • It is typically safer to split between the far left lanes than between the other lanes of traffic.
  • Avoid lane splitting next to large vehicles (big rigs, buses, motor homes, etc.).
  • Riding on the shoulder is illegal; it is not considered lane splitting.
  • Be visible – Avoid remaining in the blind spots of other vehicles or lingering between vehicles.
  • Help drivers see you by wearing brightly colored/reflective protective gear and using high beams during daylight.

Common Motorcycle Accident Injuries

  • Road rash (skin irritations, bruises, cuts and abrasions from the driver making contact with the road)
  • Broken bones
  • Neck, back, wrist, hand, and shoulder injuries
  • Head trauma, including traumatic brain injuries, concussions and skull fractures
  • Partial or full paralysis
  • Loss of limbs

When Can You Take Legal Action?

In California, you are required to file a lawsuit within two years of the date that the motorcycle accident occurred.  However, if you were injured by a government entity or anyone acting on behalf of a government entity, you are required to file a Claim for Damages within six months of the date of the accident.

What Kind of Damages Can I Recover in a Motorcycle Accident Case?

Under California law, if you have been injured in a motorcycle accident you can recover two different categories of damages: Economic Damages and Non-Economic Damages.

Economic Damages include the following:

  • Property damage (damage to your motorcycle and personal belongings)
  • Loss of earnings (money lost due to time off from work)
  • Medical bills and expenses (past and future)
  • Medication expenses (past and future)
  • Expenses for medical equipment such as a wheelchair, cane, or brace
  • Rental expenses

Non-Economic Damages include the following:

  • Physical pain
  • Mental suffering
  • Loss of enjoyment of life
  • Anxiety
  • Inconvenience
  • Grief
  • Humiliation
  • Emotional distress

Under California law, if you have been injured in a motorcycle accident, you are entitled to be compensated for each and every item of damage described above.  More importantly, you are entitled to recover both past and future non-economic damages.  At Eisenberg Law Group, we know how to maximize the value of each item of damage so that your recovery is as large as possible.

Don’t allow the insurance company to minimize your claim.  Make sure that you have an attorney that knows how to recover the maximum amount for each and every item of damage allowed under California law.

What Should I Do at the Scene of a Motorcycle Accident?

In order to preserve critical evidence and prepare yourself to maximize your compensation after a motorcycle accident, take the following steps:

  1. Make sure that everyone is ok. If anyone needs emergency medical attention, immediately call 9-1-1.
  2. Report the accident to the police and request that they prepare a Traffic Collision Report. Make sure to get the Traffic Collision Report number.
  3. Gather the information (names, driver’s licenses, insurance companies, insurance policy numbers, vehicle makes and models, and license plates) of all drivers and vehicles involved in the collision. Taking photographs of this information will work well.
  4. Gather the names and contact information (phone numbers, addresses, e-mail addresses) of any and all witnesses to the accident.
  5. Take photographs of the scene of the collision, including where the vehicles ended up, damage to the vehicles, the nearest intersection, and traffic control signals.
  6. Take photographs of your injuries.
  7. Call our office for a FREE, no obligation consultation.

Why Choose Eisenberg Law Group as Your Motorcycle Accident Attorney?

At Eisenberg Law Group, we’ve been successfully practicing personal injury law for more than 30 years, including the handling of many motorcycle accident cases. Gary started by working for insurance companies, which gives him a unique insight into how the insurance industry operates.  At every step of the way, the insurance companies will try to minimize your claim and take money out of your pocket.  We use our unique experience and skills to maximize the value of your case and to ensure that you are fully and fairly compensated for your motorcycle accident case.

When you choose Eisenberg Law Group as your Los Angeles motorcycle accident attorneys, we will fight for you, employ effective strategies to prove your case, and get you maximum compensation for your claim.

When you work with Eisenberg Law Group, you will benefit from our emphasis on these fundamental cornerstones of our practice:

Personalized service: You can contact our attorneys directly at any time to discuss the details of your case. We will never route you to assistants or recorded messages. As a family-owned law firm, we combine the expertise and experience of larger firms with the friendly feel of a smaller law office.

Proven results: We have recovered millions of dollars in compensation for victims of catastrophic personal injuries, including traumatic brain injuries. Our team works hard to recover the maximum compensation available by law. Our success rates—both in and out of court—speak for themselves.

Risk-free representation: Consultations are always free, and you will not pay any attorney’s fees until we win your case

Don't Wait to Protect Yourself

If you’ve been involved in a motorcycle accident that was no fault of your own, don’t let time slip away from you. It’s critical that you act quickly in securing quality representation. Contact Eisenberg Law Group today to get back on the path to physical and financial wellness, while helping to support your family members and anyone else who has been affected by the collision. You’ll pay nothing until we win your case.

 

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