What Motorcycle Laws Could Affect an Accident Claim?
Legal responsibility for an accident is not always clear-cut, but looking at whether each driver involved was following the rules of the road can be a good place to start. The court and insurance companies might see compliance or non-compliance with motorcycle-specific laws as signs of whether a motorcyclist was at fault for an accident. For example, California requires all motorcyclists and their passengers to wear helmets. Riding without a helmet could make getting compensation after an accident more difficult.
Lane splitting, when a motorcyclist rides between two lanes of car traffic, is another issue that could come up. While lane splitting is legal as long as motorcycle riders do it cautiously, many people see it as a dangerous practice. This can make getting compensation after a lane splitting accident more difficult even if the motorcyclist was not at fault. Our Bakersfield attorney could fight against false accusations of a motorcyclist breaking the law before an accident.
Causes of Motorcycle Accidents
Motorcycle crashes happen for many reasons, but they are more often than not related to the carelessness of another driver on the roadway. Some of the most common causes of motorcycle accidents include:
- Left-turn collisions at intersections
- Unsafe lane changes
- Drivers failing to check blind spots
- Speeding
- Distracted driving
- Following too closely
- Opening a vehicle door into a rider’s path
- Drunk or impaired driving
Driver behavior might be the most common reason for a collision, but other factors, like vehicle defects, might also be to blame.
Types of Motorcycle Accidents
Common types of motorcycle accidents include:
- Rear-end collisions
- Sideswipe crashes
- Head-on collisions
- T-bone accidents
- Lane-change accidents
- Dooring accidents
The kind of crash matters because it often helps explain how the collision happened and why the rider suffered such serious injuries.
What Injuries Are Common in a Motorcycle Crash?
Motorcyclists do not have the protection that drivers and passengers have inside a car. Even when a rider wears a helmet and protective gear, you could suffer any of the following injuries in a crash:
What to Do After a Motorcycle Accident
What you do after a crash can affect both your health and your injury claim. A Bakersfield motorcycle accident attorney usually recommends the following steps:
Get Medical Help Right Away
Your first priority should be your safety. Call 911 or get emergency treatment as soon as possible. Some injuries may not seem serious at first, only for the symptoms to quickly become severe in the hours that follow. Seeing a doctor right away can prevent your condition from getting worse.
Call the Police
A police report can play a major role in a motorcycle accident claim. When officers appear at the scene, they will take statements and eventually create a written report. This report can be invaluable to your attorney as they build your case for negligence.
Document the Scene
If you are physically able, take photos of the motorcycle, the other vehicle, skid marks, debris, traffic signs, and visible injuries. Try to get the names and contact information of witnesses. Evidence collected at the scene can disappear quickly, especially after damaged vehicles are moved.
Be Careful What You Say
Do not apologize or speculate about what caused the accident while at the scene. You are only obligated to provide your license and insurance information, and saying anything beyond that will only work against you. Never talk with the insurance companies without talking with a lawyer first.
Understanding the Claims Process
Many injured riders know they have a claim, but they do not know what happens next. The following steps are common after any crash.
Step One: Investigation
The claim starts with a close review of how the crash happened. Your attorneys will take into account everything from police reports to witness statements, with the goal of proving someone else was at fault.
Step Two: Damages Review
Next, the claim must be valued. There are many different types of damages available through an injury lawsuit, and your attorney will need evidence for each of them.
Step Three: Insurance Claim Submission
Once the evidence is gathered, a demand is usually sent to the insurance company or its attorneys. This document sets out the theory of negligence in your case and demands compensation in exchange for not pursuing a civil suit against the other party.
Step Four: Negotiation
Most motorcycle injury claims go through negotiation before a lawsuit is filed or resolved. Insurance companies often begin with a low offer, but it is often possible to work back to something reasonable.
Step Five: Lawsuit and Litigation if Necessary
If the insurer refuses to offer a fair settlement, the next step may be filing a lawsuit. The thought of a lawsuit can be overwhelming for some people, but our attorneys will work tirelessly to settle your claim until the last possible moment.
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