California Motorcycle Accident Lawyers

With so many myths surrounding motorcycle accidents in California, it’s imperative that Kermani LLP sheds light on the truth. These accidents often cause serious injuries to riders and may create the need for compensation. When a motorcyclist is involved in an accident, they often carry little to no liability, unlike what many people believe. Kermani LLP offers representation to victims and their families by a team of experienced and trial-tested motorcycle accident lawyers in California. The primary goal is to secure the necessary compensation for our clients and hold the negligent party accountable for what occurred.

Here’s what motorcyclists and their families should know about these types of accidents. 

Common Causes of Motorcycle Accidents in California

Motorcycle accidents have a myriad of potential causes. Knowing and understanding them may help motorcyclists ride more safely as they can then at least partially prepare for what could happen. The most common causes include:

• Weather;
• Road construction or debris;
• Speeding;
• Lane splitting;
• Distracted driving;
• Reckless driving;
• Unsafe lane change;
• Making a left-hand turn;
• Inexperience as a motorcyclist.

While lane splitting may be safer or feel safer for the motorcyclist in some situations, it can result in a terrible accident. The driver of another vehicle may not notice the motorcyclist and hit them. According to the National Highway Traffic Commission estimates that around one-third of all motorcycle accidents occur when a turn is made and a vehicle crosses its path.

When a motorcycle accident occurs in California, what is a motorcyclist’s legal rights? And what about financial compensation for their damages? Let’s delve into these further on.

Legal Rights and Compensation

Motorcyclists do have legal rights when injured because of another person’s negligence. The rights of the victims include seeking compensation for their losses which may include:

• Medical expenses;
• Damages to their motorcycle and other property;
• Lost wages and, in some cases, future lost income;
• Pain and suffering.

However, to receive compensation, negligence must be proven. In simple terms, this is determining who was at fault.

Determining Fault in Motorcycle Accidents 

California is not a “no-fault” state when it comes to motorcycle accidents. In some states, “no-fault” accidents are the standard unless someone has a permanent injury. Each person’s insurance would handle their claims. However, California does look at the accident and whether there is evidence to support who is at fault.

Just like with other types of vehicle accidents, the standard of fault in a motorcycle accident is whether someone acted with negligence and if that negligence caused the crash. Fault may lie only with one party or it could be split. When it is split, it’s known as “comparative negligence”. California is rare in the fact that the comparative negligence statute doesn’t have a percentage cap that would inhibit victims from receiving compensation. For example, if a motorcyclist was 51% responsible for the accident, some states would not allow compensation. Whereas, California would still consider compensation.

However, California does have its own opinion on fault and helmet use.

Addressing Issues of Helmet Use and Insurance in Accident Cases

California Vehicle Code 27803 states that all motorcyclists must wear a helmet while riding. The State views the use of motorcycle helmets as a safety device. If a motorcyclist isn’t wearing one, they can be fined around $200. If a motorcycle accident occurs and the motorcyclist isn’t wearing a helmet, this begins to play into comparative negligence. This means that the motorcyclist will be found to hold some liability for their injuries. They may not receive all of the compensation they believe they are entitled to receive from the insurance company or the court.

Navigating the Lawsuit and Settlement Process in Motorcycle Accidents in California

The settlement process generally starts before the lawsuit. It begins with the insurance company of the negligent party. It’s important to note that victims have the right to be represented by motorcycle lawyers in California. While it’s not required, hiring an attorney helps ensure that the claim process is expedited, victims don’t have to speak to the insurance company alone, and that fair compensation is offered.

During the settlement period and if a claim goes to trial, a motorcycle accident attorney in California can ensure that all the necessary documentation is properly addressed before any statutory or court deadline. Deadlines are common both for lawsuits and claim settlement attempts. Evidence is also collected, analyzed, and often shared to assist with either the claim or the lawsuit.

A lawyer can create the proper trial strategy and execute it in a court of law. Lawsuits can take a significant amount of time. They also require meetings with opposing counsel, possible depositions, multiple court hearings, and additional communication with the negligent party’s attorney.

Motorcycle Licensing and Riding Laws in California

A motorcyclist must hold the proper license under California law. This is generally an M1 or M2 license according to the California Motorcyclist Safety Program. Although a victim can still file a claim if they don’t have the proper license, they may not receive all of the compensation they expect.

There is no law in California that makes lane-splitting illegal. In fact, California added additional protections for motorcyclists. California Vehicle Code prohibits vehicle drivers from taking action that would stop a motorcycle from doing so. For example, a vehicle does not have the legal right to block off the area to prevent the motorcyclist from lane-splitting.

California law allows motorcyclists to ride side-by-side in a lane. However, there are some caveats. The road must have at least two lanes of traffic moving in the same direction.

Motorcyclists must also wear a helmet. To comply with the State’s helmet law, riders and passengers must wear a federally-approved helmet.

Why Choose Kermani LLP for Your Motorcycle Accident Claim in CA

As the premier motorcycle accident lawyers in California, Kermani LLP focuses on providing the best possible results for clients. The law firm advocates for motorcyclists and dedicates itself to ensuring they receive the compensation they deserve either through settlement or in trial. With over $50,000,000 total recovered for clients, Kermani’s motorcycle accident team has the experience necessary to get results.

How Kermani LLP Advocates for Motorcycle Accident Victims in California

Kermani’s motorcycle accident lawyers in California advocate for motorcyclists from the day the relationship begins. They ensure that the insurance company acts in an honorable, fairway regardless of the injuries. For clients, this results in peace of mind and time to focus on their recovery.

The legal team understands that all motorcycle accidents are not alike. By taking an individualized approach, clients receive the attention and care they deserve during settlement and even during trial.

Contact Kermani LLP for Expert Motorcycle Accident Legal Assistance

Don’t wait. If you or someone you love were injured, schedule your free consultation with the experienced California motorcycle attorneys of Kermani LLP. These claims have deadlines set by law. So, get started now!