Motorcycle Accident

Personal Injury Attorney Ventura

Motorcycle Accident Attorney

Riding a motorcycle is a wonderful sensation, but there are a lot of dangers associated with them. Because of a motorcycle’s size, other drivers have a harder time seeing them on the road. If a collision occurs, motorcycles provide almost no protection from injury. If you or a loved one have experienced a motorcycle accident as the result of another person’s negligence, you may be entitled to compensation for damages. By using the services of an experienced personal injury attorney such as Dan Higson, you will increase the likelihood of getting the most compensation possible.

Common Motorcycle Accident Causes

Even if you’re the safest driver in the world, accidents can happen to you. It’s impossible to control all of the factors around you, including road conditions and other drivers. Here are some of the most common causes of motorcycle accidents:

Inattentiveness. Inattentive drivers account for a large amount of motorcycle accidents each year. Inattentive drivers are often responsible for head-on collisions and left-turn collisions. They happen when a driver is not fully aware of their surroundings. With the ever-increasing presence of smart phones in drivers’ hands, this hazard has become even more commonplace.

Recklessness. Many collisions occur because of reckless driving. Examples of this include drivers going over the speed limit or driving under the influence of drugs or alcohol.

Bad communication. It’s important to be able to communicate with other drivers around you. Whether you’re riding with a group of motorcyclists or determining whether another car is taking a turn in front of you, communication, such as properly using signals, is key to surviving on the road.

Road hazards. Hazardous road conditions include loose gravel, potholes, uneven asphalt, and other issues. State and local governments maintain most roadways, but government agencies often fail to address problems on the road. Unaddressed road hazards are responsible for many motorcycle accidents.

Can I get compensated for my injury if I wasn't wearing a helmet?

If you were involved in a motorcycle accident and were not wearing a helmet at the time, you might be concerned about whether you can still receive compensation for your injuries. In such cases, it may initially seem that not wearing a helmet would prevent you from obtaining compensation. However, the situation is not always that straightforward.

California law mandates that motorcycle drivers and passengers wear protective headgear while riding in various cities, including Oxnard, Ventura, and Camarillo. As a result, insurance companies may argue that failing to wear a helmet means you are fully responsible for your injuries.

While it is true that California courts consider the lack of a helmet as negligence, there is a fine line between the absence of a helmet exacerbating your injuries and it contributing to the accident itself. It's important to understand that the other party can still be held responsible for causing the accident, irrespective of whether you were wearing a helmet or not.

Ultimately, the lack of helmet usage could potentially worsen your injuries, but it does not necessarily absolve the other party involved from their liability. To navigate the legal implications and determine the extent to which your lack of helmet usage may impact your compensation, it is advisable to consult with a qualified motorcycle accident attorney in your region, such as our Ventura County motorcycle accident lawyer from The Law Offices of J. Jeffrey Herman. They can thoroughly assess the details of your case, including the circumstances surrounding the accident and relevant state laws, in order to provide you with the most accurate advice and representation. Remember, each case is unique and requires a careful analysis to determine the potential outcomes and options for compensation.

What to Do When in a Motorcycle Accident

When a motorcycle accident occurs, it’s important to understand that the other driver and the insurance companies are not necessarily on your side. Because of this, there are several important steps to take after an accident occurs to protect your personal and legal safety. If you are seriously injured, wait for emergency personnel to arrive on the scene and worry about legal issues after your safety is ensured. If you are able to, acquire further information. Below, are some steps to keep in mind after you’ve been in a motorcycle accident:

  1. Seek medical attention. Even for minor injuries, it’s important to get official medical records that can be used to support your claim. Sometimes injuries do not become apparent until days or even weeks after an accident, so have these injuries checked out as soon as they develop.
  2. Gather information. Accurate, detailed information is crucial for your case. If safe to do so, take photographs of the crash site, the condition of your motorcycle, and your injuries. Get the contact information of the other drivers involved and any witnesses.
  3. File a police report. If possible, call the police to the site of the accident. By cooperating with the police and making a statement, you provide even more evidence for your case. Make sure to inform the police of any witnesses that might have relevant information.
  4. Hold off on repairs. Hold off on making any repairs to your motorcycle until an insurance claim is opened. If you preserve the damages done to your motorcycle throughout the examination process, it will make it easier to determine what compensation is needed. If this is not possible, keep detailed records of all repairs that are done.

California Motorcycle Laws

California has a few unique motorcycle laws that don’t necessarily exist in other states. In California, lane-splitting is legal. Lane-splitting is when motorcyclists ride between the lanes of traffic when it has slowed down. This practice is risky to the motorcyclist, so be careful whenever you attempt to do so. When lane-splitting, the motorcyclist can be ticketed if they drive recklessly. Thus, it is advisable that motorcyclists travel at a safe speed when lane-splitting so that he/she can react to sudden movements by the surrounding cars. Surrounding cars are not allowed to impede motorcycles between lanes, and they can be punished if they attempt do so.

Motorcyclists should also be aware that any negligence on their part, such as unsafe operation of your motorcycle while lane-splitting, could be used as evidence to reduce their recovery in a subsequent trial. This is because California uses the “comparative fault” system to offset an injured person’s recovery for any percentage of negligence that is attributed to their own conduct. For example, if a person suffers $50,000 in damages and is determined to be 50% at fault for their own accident, they would only be entitled to recover $25,000.

What are the expectations for motorcyclists while lane splitting?
Motorcyclists are expected to reduce their speed while lane splitting. They should also be aware that they need to abide by other traffic rules and practice prudence to ensure their safety and minimize the risk of accidents.

Can injured motorcyclists recover damages if they were lane splitting?
Injured motorcyclists in California can still be entitled to financial compensation even if they were lane splitting at the time of the collision. However, their recovery may be affected by factors such as their own negligence and adherence to traffic rules while lane splitting.

How does comparative fault impact the recovery of damages?
Comparative fault is a system used in California to offset an injured person's recovery based on their own percentage of negligence. If a motorcyclist is found to be partially at fault for the accident due to their own unsafe operation while lane splitting, their recovery may be reduced accordingly.

Does lane splitting automatically absolve motorcyclists of fault?
No, just because a motorcyclist was lane splitting at the time of the collision does not mean they are not at fault. Motorcyclists are still required to abide by other traffic rules and practice caution while lane splitting.

Is lane splitting legal in California?
Yes, California is one of few states that make lane splitting legal.

Motorcyclists should also be aware that any negligence on their part, such as unsafe operation of your motorcycle while lane-splitting, could be used as evidence to reduce their recovery in a subsequent trial. This is because California uses the 'comparative fault' system to offset an injured person's recovery for any percentage of negligence that is attributed to their own conduct. For example, if a person suffers $50,000 in damages and is determined to be 50% at fault for their own accident, they would only be entitled to recover $25,000.

It is important for motorcyclists to understand that despite the legality of lane splitting in California, they are still expected to adhere to other traffic rules and exercise caution while engaging in this practice. Lane splitting, which involves riding a bike between rows of slow-moving or stopped vehicles, can be a contentious issue among car drivers who may feel frustrated by traffic congestion. However, California state law does not prohibit lane splitting.

However, it should be noted that simply engaging in lane splitting does not absolve a motorcyclist of potential fault. If a motorcyclist's negligence or unsafe behavior contributes to a collision, it may impact their ability to recover damages. In California, the comparative fault system is employed, whereby an injured person's recovery can be reduced based on the percentage of negligence attributed to their own conduct.

Therefore, while lane splitting is legal in California, motorcyclists must exercise prudence, reduce speed, and operate their motorcycles safely while engaging in this practice. Failure to do so could potentially impact their ability to recover full damages in the event of a collision. It is important to be aware of the potential consequences and responsibilities associated with lane splitting to ensure the best possible outcome in case of an accident.

More up-to-date information can be found online at the California Department of Motor Vehicles.

If you have been injured in a motorcycle accident caused by another person’s negligence, let Dan Higson help you get through the paperwork and insurance companies and get you the compensation you deserve. It’s possible to receive compensation for a variety of damages such as medical expenses, motorcycle repair, lost wages, therapy, disability, and pain and suffering.

Getting yourself and your motorcycle back in peak condition after an accident can be expensive. Having an experienced personal injury attorney on your side can mean the difference between fully covering your accident costs and paying everything out of pocket.

Call Ventura Attorney Daniel A. Higson at 805-258-0080

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