Motorcycle Accident
Ensuring Justice and Compensation for Injured Motorcycle Riders in California
Motorcyclists face unique risks on California roads, and crashes are often due to the negligence of other drivers. At In Motion Law, APC, we understand the challenges injured riders encounter and are committed to advocating for their rights. Our lawyer fights to hold negligent drivers in California accountable for their negligence or reckless driving and the harm that results from these actions.
Common Causes of Motorcycle Accidents
Many motorcycle accidents result from drivers failing to watch out for or yield to motorcyclists who are lawfully sharing the road. Common causes include:
- Left-turn collisions: Approximately 42% of fatal motorcycle crashes involve vehicles making left turns in front of oncoming motorcycles. Drivers misjudge the speed or distance of the motorcycle.
- Unsafe lane changes: Drivers often neglect to check blind spots before turning or changing lanes, endangering motorcyclists nearby.
- Tailgating: Following motorcycles too closely can lead to rear-end collisions, especially if the rider needs to stop suddenly. A rear-end crash with another car isn’t always serious, but with a motorcycle, it can be deadly.
- Reckless and aggressive driving: Speeding, weaving through traffic, and other aggressive behaviors increase the risk of accidents. Too many drivers don’t respect motorcycles and simply expect riders to maneuver out of their way.
- Distracted driving: Using mobile devices or engaging in other distractions can cause drivers to overlook nearby motorcycles.
Comparative Negligence in Motorcycle Accident Cases
California follows a “pure comparative negligence” system, meaning that if a motorcyclist is partially at fault for an accident, their compensation may be reduced proportionally. Motorcycle riders often suffer from an unfair stereotype as reckless or aggressive, when in fact most riders are experienced and trained in safe riding and defensive riding techniques. Unfortunately, insurance companies are quick to seize on this stereotype and bias against riders to try and push some or all of the blame on the rider. Whether negotiating a settlement with the insurer or arguing the case to a jury, attorney Jack Pogosian is a skilled and experienced litigator who knows how to build and present a strong case proving the other driver’s responsibility to the maximum extent. At In Motion Law, APC, we don’t let biases and stereotypes stand in the way of securing full and fair compensation for our deserving clients.
Not wearing a helmet, as required by California law, can be considered contributory negligence, potentially reducing compensation in head injury cases. However, this should not be automatic because it isn’t always applicable. It’s up to the driver raising that defense to prove how the lack of a helmet caused the injury, and a skilled attorney experienced in motorcycle accident cases can argue against such claims when the evidence shows the helmet would not have prevented the injury.
Lane Splitting in California
Lane splitting, or riding a motorcycle between lanes of traffic, is legal in California when done safely. The California Highway Patrol advises motorcyclists to split lanes at speeds no more than 10 mph faster than surrounding traffic and only when traffic is moving at 30 mph or less. Lane splitting is a valued benefit for riders negotiating stop-and-go traffic on I-5 during rush hour, and drivers should be well aware of the possibility that a motorcyclist is passing between vehicles.
Drivers are prohibited from intentionally blocking or impeding motorcyclists who are splitting lanes, and they must also be cautious and aware of the presence of motorcycles when changing lanes.
Let In Motion Law, APC Help After a Motorcycle Accident
Motorcyclists are disproportionately represented in California traffic fatalities. Motorcycle rider fatalities routinely account for around 14% of all traffic deaths in the state, despite making up barely two percent of all motor vehicles on the road.
Dealing with the aftermath of a motorcycle accident can be overwhelming for victims and their families. At In Motion Law, APC, we offer experienced legal representation to ensure your rights are protected. We will investigate the accident, gather evidence, and advocate for the compensation you deserve. If you’ve been injured in a motorcycle accident, contact us for a free consultation. We’re here to help you every step of the way.
