California Motorcycle Lawyers

Motorcycle lane splitting, a practice where motorcyclists ride between lanes of slow-moving or stopped traffic, is legal in California. This law, unique in the United States, has generated considerable debate due to its potential to both improve traffic flow and create safety risks. While lane splitting offers benefits to motorcyclists and drivers alike, it also raises legal and safety concerns that riders must be aware of. This blog explores how California’s lane splitting law affects motorcycle riders, including the advantages, risks, and legal considerations involved.

What is Lane Splitting?

Lane splitting, also known as white-lining or stripe-riding, occurs when a motorcyclist moves between lanes of traffic. The practice is common in congested urban areas, particularly when traffic is at a standstill or moving slowly. In California, lane splitting is explicitly allowed under state law, although it must be done in a safe and cautious manner.

The law permits motorcyclists to travel between lanes on highways or roads where the traffic is moving slowly or stopped, but it restricts the speed and conditions under which lane splitting is permissible. While the exact conditions for safe lane splitting are not defined in detail, guidelines issued by the California Highway Patrol (CHP) emphasize that lane splitting should only be done at speeds that are reasonable and safe, and in a manner that does not endanger the rider or other road users.

The Legal Framework for Lane Splitting in California

California became the first state in the U.S. to officially recognize lane splitting as legal when the California Vehicle Code was amended in 2016. Prior to this, lane splitting was not explicitly illegal, though it was not codified either. The law simply did not address the practice directly, which left much of the interpretation to law enforcement officers and courts.

In 2016, the California Legislature passed Assembly Bill (AB) 51, which explicitly made lane splitting legal but outlined specific guidelines on how it should be practiced. The law requires motorcyclists to:

• Split lanes only when traffic is moving at 30 miles per hour or slower.
• Not exceed a speed of 10 miles per hour faster than the surrounding traffic.
• Ride in a manner that is safe and reasonable.

The law also allows law enforcement to issue citations if the motorcyclist is found to be lane splitting recklessly, endangering their own safety or that of others. However, this regulation leaves considerable discretion in the hands of individual officers to determine what constitutes "safe" or "reasonable" lane splitting.

Benefits of Lane Splitting for Motorcycle Riders

Time Efficiency and Reduced Stress

One of the most significant benefits of lane splitting is the ability to bypass traffic congestion, making commutes faster and less stressful. California’s traffic congestion is notorious, particularly in major cities like Los Angeles, San Francisco, and San Diego. Motorcyclists can use lane splitting to reduce travel times significantly, as they do not have to wait for traffic to clear up. This is especially helpful during rush hour when gridlock is common and travel times can increase by hours.

Additionally, lane splitting can reduce the frustration that comes with being stuck in traffic. By offering motorcyclists an option to maneuver through slow-moving vehicles, lane splitting helps maintain a sense of independence and control over the journey, which can improve overall rider satisfaction.

Improved Safety in Certain Conditions

Another benefit of lane splitting is safety. When traffic is stopped or moving slowly, motorcycles are at a greater risk of being rear-ended by larger vehicles, especially trucks and cars that may not see the motorcyclist due to limited visibility. By lane splitting, riders can position themselves in spaces between vehicles, making it less likely that they will be involved in rear-end collisions.

In addition, motorcyclists who lane split may be able to avoid more dangerous situations, such as being in a cluster of vehicles that may suddenly accelerate or shift lanes. This can reduce the risk of being caught in a chain-reaction accident or a collision caused by a distracted driver.

Risks and Challenges of Lane Splitting

While lane splitting has benefits, it also comes with notable risks that every rider should understand before engaging in the practice.

Increased Risk of Accidents

Lane splitting can increase the likelihood of accidents, particularly when done at high speeds or in unsafe conditions. Motorcyclists who split lanes too aggressively or too fast for the conditions put themselves at risk of colliding with vehicles, especially when cars do not expect a motorcyclist to pass between lanes. Sudden lane changes by other drivers or unexpected maneuvers can catch a motorcyclist off guard, leading to dangerous situations.

The risks are particularly high when riders split lanes in heavy traffic or at high speeds, as it can be difficult for drivers to see them or anticipate their movements. In some cases, drivers may try to block motorcyclists from lane splitting, creating a dangerous cat-and-mouse scenario on the road.

Inadequate Protection in Case of an Accident

Motorcyclists involved in accidents while lane splitting may suffer more severe injuries than car drivers because motorcycles offer less protection. While cars have seat belts, airbags, and sturdy frames to protect the occupants, motorcyclists have no such luxury. In a collision, motorcyclists are far more exposed, and the impact of an accident can cause devastating injuries.

This is why riders must wear the proper protective gear when lane splitting, including a full-face helmet, gloves, armored jackets, and reinforced pants. While these precautions cannot eliminate the risks of accidents, they can help reduce the severity of injuries.

Legal Complications and Liability

Though lane splitting is legal in California, it has its legal complications. Suppose a motorcyclist is involved in an accident while lane splitting; whether they were doing so safely will be scrutinized. If a rider is found to have been splitting lanes recklessly, they could be held liable for the accident, even if they were not directly at fault.

In addition, drivers involved in an accident with a lane-splitting motorcyclist may argue that the motorcyclist was partially responsible for the crash. This can complicate liability determinations and impact compensation claims. In these cases, having an experienced attorney who understands the nuances of lane splitting and motorcycle accidents is crucial to ensuring a fair settlement.

Legal Considerations for Riders

While lane splitting is legal in California, motorcyclists must understand the specific guidelines and avoid dangerous practices that can lead to accidents or legal consequences. Here are some key legal considerations:

1. Speed Limits: Motorcyclists must not exceed 10 miles per hour faster than the surrounding traffic when lane splitting. You may be cited for reckless driving if you are lane splitting at a speed higher than this limit.
2. Traffic Conditions: Lane splitting should only be done when traffic moves at 30 miles per hour or slower. Engaging in lane splitting at higher speeds could result in fines or other penalties.
3. Safety and Reasonableness: Motorcyclists are required to split lanes safely and reasonably. This means avoiding risky maneuvers such as weaving between lanes at high speeds, passing between vehicles that are too close together, or lane splitting in areas where it’s unsafe (e.g., sharp curves, congested intersections).
4. Insurance Implications: Riders should know that their motorcycle insurance coverage may vary based on whether they were lane-splitting during an accident. If lane splitting is deemed unsafe or reckless, it may impact the rider's ability to claim compensation for damages.

California’s lane-splitting law offers many benefits, including improved traffic flow and increased safety in certain conditions. However, it also comes with risks that motorcyclists must consider carefully before lane splitting on busy roads. Understanding the legal framework, knowing the speed limits and conditions under which lane splitting is allowed, and practicing safe lane splitting is crucial for minimizing accidents and injuries.

SUMMARY

Motorcyclists should ensure that they are well-prepared with the proper protective gear and have a clear understanding of the law before engaging in lane splitting. In the event of an accident, seeking legal advice from an attorney with experience in motorcycle law can help navigate the complexities of liability and compensation claims. By balancing the benefits and risks of lane splitting, riders can enjoy a safer, more efficient riding experience on California’s roads.

Motorcycle and car accidents share some common elements, but the nature of the two types of incidents can differ vastly. While both can lead to severe injuries and life-altering consequences, motorcyclists face unique risks and challenges that drivers of cars do not. Understanding these differences is crucial for riders, drivers, and legal professionals handling personal injury claims and accident cases. This blog explores the key differences between motorcycle and car accidents, the legal implications for each, and the steps you should take after being involved in a motorcycle accident.

Motorcycle vs. Car Accidents: Key Differences

Injury Severity

One of the most significant differences between motorcycle and car accidents is the severity of the injuries sustained by those involved. Motorcyclists are far more exposed than car drivers, and this exposure makes them more vulnerable to severe injuries.

Motorcycle accidents often result in head injuries, spinal cord injuries, fractures, and road rash (abrasions caused by sliding on the pavement). According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are about 28 times more likely to die in a crash per mile traveled than people in passenger vehicles. Moreover, motorcycle crashes tend to lead to more serious long-term disabilities, which can affect the victim’s ability to work, engage in daily activities, and live independently.

Some of the most common injuries in motorcycle accidents include:

• Head Injuries: Concussions, traumatic brain injuries (TBI), and skull fractures.
• Spinal Injuries: Often leading to partial or complete paralysis.
• Fractures: Broken bones, particularly in the legs, arms, and pelvis.
• Road Rash: Serious abrasions that can cause infection and scarring.

While car accidents also result in serious injuries, the overall risk of death or severe injury is lower due to the protective features of vehicles, such as airbags, seat belts, and steel frames.

Lack of Protection

Cars have several built-in protective features, including airbags, seatbelts, and crashworthy frames. These features are designed to protect the driver and passengers in a collision. Unfortunately, motorcycles do not have such protections. A motorcyclist's only protection is their gear, such as a helmet, gloves, boots, and protective clothing.

A helmet can reduce the risk of serious head injuries by as much as 37%. However, even with a helmet, motorcyclists remain highly vulnerable in crashes. The lack of a steel frame around the rider exposes them to more significant forces during collisions. The injuries can be catastrophic when motorcyclists do not wear proper protective gear or when such gear is insufficient.

Handling and Stability

Motorcycles are inherently less stable than cars, which adds an element of difficulty when it comes to handling. For example, motorcycles are much more challenging to control in adverse weather conditions, such as rain, snow, or high winds. Additionally, motorcyclists often face a higher risk of crashing while navigating sharp corners or sudden obstacles.

Braking is another challenge. While cars rely on a full braking system with four wheels, motorcycles depend on two wheels, which can cause instability when stopping quickly. Many motorcycle crashes happen due to rider error when making sudden maneuvers to avoid obstacles or to correct a misjudgment in speed.

Furthermore, motorcycles are much more vulnerable to road conditions such as gravel, potholes, or slick surfaces. Even minor obstacles that car drivers might overlook can cause a motorcyclist to lose control.

Visibility and Other Drivers

Motorcycles are smaller and less visible than cars, especially in busy traffic. Many motorcycle accidents occur because other drivers simply fail to see the motorcyclist. In particular, cars making left turns in front of motorcyclists or changing lanes without checking for a motorcycle can be disastrous.

Motorcyclists are often overlooked in traffic, especially in crowded urban areas. A study conducted by the Motorcycle Safety Foundation found that most motorcycle accidents happen because other drivers do not recognize the motorcyclist’s presence. This is particularly true for riders traveling between lanes or in areas where visibility is compromised, such as at intersections.

Both motorcyclists and car drivers must be aware of their surroundings and watch for one another. In California, where lane splitting (riding between lanes of traffic) is legal, this issue becomes even more critical. Lane splitting makes it easier for motorcyclists to navigate through traffic but also increases the risk of accidents if drivers are not alert.

Legal Implications for Motorcycle vs. Car Accidents

Negligence and Fault Determination

The legal standards for determining fault in a motorcycle accident are generally similar to those in car accidents. However, there are a few key differences in how negligence is assessed. In motorcycle and car accident cases, negligence refers to the failure to exercise reasonable care on the part of one or more individuals involved in the accident.

Motorcyclists often face a higher burden of proof in these cases, especially if they engage in lane splitting or other risky behaviors. For example, lane splitting is legal in California but must be done safely. If a motorcyclist is lane splitting at an unsafe speed or in dangerous conditions, they could be found partially or fully at fault.

For car drivers, factors such as distracted driving (e.g., texting or talking on the phone) or failure to yield the right of way are frequently considered when determining fault. The key difference is that the motorcyclist may be required to demonstrate that the car driver failed to see them due to negligence, which can be harder to prove.

Insurance Coverage and Compensation

Motorcycle insurance policies are different from car insurance policies in several ways. While car insurance often includes a combination of liability, collision, and comprehensive coverage, motorcycle insurance policies might offer additional options, such as coverage for damage to the rider’s gear or motorcycle accessories.

However, insurance payouts for motorcycle accidents can vary significantly. Motorcyclists may face challenges when claiming compensation for their injuries or property damage, especially if they are found partially at fault. Riders who do not have adequate insurance coverage may find themselves with high medical bills and repair costs, which can be devastating if they are unable to work due to their injuries.

Steps to Take After a Motorcycle Accident

If you are involved in a motorcycle accident, your immediate priority should be safety. Here are the key steps to take:

1. Ensure Your Safety: If possible, move to a safe location and check for injuries.
2. Call 911: Report the accident and request medical assistance.
3. Document the Scene: Take photos of the scene, vehicle damage, and any visible injuries.
4. Gather Witness Information: Get contact information for witnesses who may have seen the accident.
5. Seek Medical Attention: Even if you feel fine, some injuries (such as internal bleeding or concussions) may not be immediately apparent.
6. Contact an Attorney: A lawyer with experience in motorcycle accidents can help you navigate the complex legal process and ensure you receive the compensation you deserve.

Motorcycle and car accidents may share some similarities, but the differences are significant, particularly regarding injury severity, visibility, and handling. For motorcyclists, the lack of protection, the difficulty in controlling the bike, and the vulnerability in traffic can lead to more serious consequences. Understanding these differences is vital for riders, drivers, and legal professionals, especially regarding the legal implications of fault and compensation.

Suppose you are involved in a motorcycle accident. In that case, you must take immediate action and contact a qualified lawyer to help you understand your rights and seek the compensation you deserve. Whether you are a motorcyclist or a car driver, staying informed about these differences can help prevent accidents and ensure safer roads for everyone.

SUMMARY

Motorcycle accidents differ significantly from car accidents regarding injury severity, lack of protection, handling, and visibility. Motorcyclists are more exposed and vulnerable, often suffering more severe injuries like head trauma, spinal damage, and road rash. Unlike cars, motorcycles offer minimal protection, with riders relying on helmets and gear. Motorcycles are also harder to stabilize, particularly in adverse conditions, and are less visible to other drivers. Legally, fault determination can be more complex for motorcyclists, especially in lane splitting or reckless behavior. After a motorcycle accident, it's crucial to ensure safety, seek medical attention, document the scene, and contact an attorney with motorcycle accident experience for proper guidance and compensation.

Riding a motorcycle offers unparalleled freedom and excitement on the open road, but it also carries significant risks. Motorcycles are more vulnerable to accidents than other vehicles due to their size, speed, and lack of protective barriers. Given these risks, having proper motorcycle insurance is not only a legal requirement in most places, but it's also essential for safeguarding your finances and ensuring you receive proper medical care in case of an accident. In this blog, we’ll explore the reasons why every motorcyclist needs comprehensive insurance coverage, the types of coverage available, and how to choose the best policy.

1. Why Motorcycle Insurance Is Essential

Motorcycle insurance provides financial protection in case of an accident, theft, or damage to your bike. Without it, you could be left responsible for thousands of dollars in medical bills, repairs, or legal costs. Here are a few key reasons why insurance is crucial for all riders:

a) Legal Requirement

In many countries and states, motorcycle insurance is required by law. Riding without insurance can lead to significant fines, suspension of your license, and impoundment of your bike. In some places, if you're caught riding uninsured, you might face penalties that increase dramatically with each offense.

b) Financial Protection

Motorcycle accidents can be expensive. Even a minor accident can result in costly repairs or medical expenses. Comprehensive motorcycle insurance ensures that you're not left footing the bill. Whether it’s your bike that’s damaged or someone else’s property, insurance helps cover these costs.

c) Medical Coverage

Motorcycle accidents often result in severe injuries due to the lack of physical protection around the rider. Good insurance policies include medical coverage, ensuring you receive the necessary treatment after an accident. Without this coverage, you could face enormous medical bills, which can be financially devastating.

d) Protection from Uninsured Drivers

Not all drivers on the road carry insurance. If you're involved in an accident with an uninsured or underinsured driver, your insurance policy can protect you. This type of coverage, known as uninsured motorist coverage, ensures that you’re not left paying for damages or medical costs if the at-fault driver can’t cover them.

2. Types of Motorcycle Insurance Coverage

Motorcycle insurance comes in different forms, and each type of coverage serves a specific purpose. Knowing what each policy offers can help you make an informed decision about the best coverage for your needs.

a) Liability Insurance

Liability insurance is the most basic form of coverage and is typically required by law. It covers the cost of damage you may cause to others in an accident. This includes property damage and medical expenses for the other party. However, liability insurance does not cover damages to your own motorcycle or injuries you sustain.

b) Collision Coverage

Collision coverage pays for damages to your motorcycle if you're involved in an accident, regardless of who is at fault. Whether you collide with another vehicle, a tree, or a guardrail, this coverage ensures that your bike will be repaired or replaced.

c) Comprehensive Coverage

Comprehensive coverage protects your motorcycle from damage that isn’t caused by a collision. This includes theft, vandalism, natural disasters, or even hitting an animal on the road. If your bike is stolen or damaged in a non-accident-related event, comprehensive insurance will cover the repair or replacement costs.

d) Uninsured/Underinsured Motorist Coverage

This type of coverage is essential in protecting yourself against drivers who don’t have adequate insurance. If you’re hit by an uninsured or underinsured driver, your own policy will kick in to cover the costs of repairs and medical bills. In some states, this coverage is optional, but it’s highly recommended.

e) Personal Injury Protection (PIP)

Personal injury protection, or PIP, covers your medical expenses, lost wages, and other related costs after an accident, regardless of who is at fault. While not available in all states, PIP is incredibly useful for motorcyclists due to the higher likelihood of injury in a crash.

f) Custom Parts and Equipment Coverage

Many riders invest in customizing their motorcycles. If you’ve added aftermarket parts, such as custom paint jobs, chrome accessories, or performance upgrades, this type of coverage ensures that these modifications are covered in the event of damage or theft.

3. Factors to Consider When Choosing Motorcycle Insurance

Selecting the right motorcycle insurance policy can be overwhelming, especially with so many options available. Here are some factors to consider when shopping for coverage:

a) Your Riding Habits

How often and where you ride can significantly affect the type of coverage you need. If you only ride your motorcycle occasionally, you might opt for lower premiums with higher deductibles. However, if you use your bike as your primary mode of transportation, more comprehensive coverage may be necessary.

b) The Value of Your Motorcycle

The value of your bike will also influence the type of insurance you need. If you have a high-end or customized motorcycle, you’ll want to ensure that your policy covers the full value of your bike, including any modifications.

c) Your Budget

While it’s important to have adequate coverage, it’s also essential to choose a policy that fits within your budget. Many insurance companies offer a range of options, allowing you to adjust coverage levels and deductibles to find a balance between cost and protection.

d) State Requirements

Each state has its own requirements for motorcycle insurance. Be sure to check your state’s minimum liability coverage limits, as well as any optional coverages that may be required, such as uninsured motorist coverage.

e) Discounts

Many insurance companies offer discounts for motorcycle riders. You may be eligible for lower rates if you’ve completed a safety course, have a clean driving record, or bundle your motorcycle insurance with other policies, such as auto or home insurance.

4. How to File a Motorcycle Insurance Claim

In the unfortunate event of an accident, knowing how to file an insurance claim can make the process smoother and quicker. Here’s a step-by-step guide to filing a motorcycle insurance claim:

a) Document the Accident

Immediately after the accident, gather as much information as possible. Take photos of the damage to your motorcycle and any other vehicles involved. Collect contact information from witnesses and obtain the other driver’s insurance details.

b) Contact Your Insurance Company

Report the accident to your insurance company as soon as possible. Provide them with all the relevant information, including photos, witness statements, and the police report (if applicable).

c) Cooperate with the Claims Adjuster

Your insurance company will assign a claims adjuster to investigate the accident. Cooperate fully with them and provide any additional information they may request.

d) Get an Estimate

The claims adjuster will assess the damage to your motorcycle and provide an estimate for repairs. You may be asked to take your bike to an approved repair shop.

e) Receive Compensation

Once your claim is approved, your insurance company will either pay for the repairs directly or reimburse you for the cost, depending on your policy’s terms.

5. Conclusion: Ride Confidently with the Right Coverage

Motorcycle insurance is an essential safeguard that every rider needs. Beyond being a legal requirement, it provides critical protection for both your bike and your personal well-being. From liability coverage to comprehensive policies that protect against theft and vandalism, the right motorcycle insurance ensures you can ride with peace of mind. By understanding the different types of coverage and choosing a policy that fits your needs, you can enjoy the thrill of motorcycling without worrying about the potential financial consequences of an accident.

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Motorcycling offers an incredible sense of freedom and adventure. However, for new riders, the thrill of being on two wheels comes with unique challenges and risks. Understanding safety measures, road etiquette, and how to handle your bike effectively is critical. Here are some essential tips to help new motorcycle riders stay safe and confident on the road.

1. Choose the Right Bike for Your Skill Level

Selecting the right motorcycle is key, especially for beginners. While the idea of riding a high-powered sport bike may seem appealing, it’s best to start with something more manageable. A bike with moderate power and a comfortable seating position can help you develop your skills without overwhelming you.

• Type of Bike: Opt for a lightweight, lower-cc bike (around 300-500cc). This provides enough power for various riding conditions but won’t be too difficult to control.
• Comfort: Make sure the bike fits your body size. You should comfortably reach the ground with both feet while seated.

2. Invest in Proper Gear

Protective gear can make the difference between a minor scrape and a serious injury in the event of an accident. Always invest in high-quality gear designed for riding.

• Helmet: The most critical piece of gear. Look for a DOT or ECE-certified full-face helmet for maximum protection.
• Jacket and Pants: Motorcycle-specific jackets and pants with armor in high-impact areas (shoulders, elbows, knees) will offer better protection than standard clothing.
• Gloves and Boots: Gloves with padded knuckles and reinforced boots that cover your ankles can help protect against injuries.

3. Understand the Road and Traffic Rules

Knowing the rules of the road is essential for your safety and the safety of others. Study your local traffic laws and ensure you understand the unique regulations for motorcycles in your area.

• Lane Splitting: In some areas, lane splitting (riding between lanes of slow-moving or stopped cars) is legal, but it should be done cautiously. Make sure to know if this is permitted in your location.
• Intersection Awareness: Most accidents occur at intersections, so always approach with caution. Be mindful of turning vehicles and ensure you are visible to other drivers.

4. Learn Basic Maintenance

Motorcycles require more maintenance than cars, and basic mechanical knowledge can help prevent breakdowns. Learn how to inspect your bike before each ride, and stay on top of routine maintenance tasks.

• Check Tire Pressure: Ensure your tires are inflated to the manufacturer’s specifications.
• Inspect Brakes: Test both the front and rear brakes to make sure they are responsive.
• Chain or Belt Tension: Proper chain or belt tension is crucial for smooth power delivery and to prevent damage.

5. Practice Defensive Riding

Motorcycles are less visible to car drivers, which makes defensive riding an essential skill. Always assume that other drivers may not see you and be prepared for sudden movements.

• Stay Out of Blind Spots: Avoid lingering in areas where drivers can’t see you, especially around large trucks or SUVs.
• Maintain a Safe Following Distance: Keep a safe distance between you and the vehicle in front of you, allowing enough time to react to sudden stops or changes in traffic.
• Use Your Lights and Signals: Make yourself as visible as possible by using your headlights, even during the day, and always signaling your intentions well in advance.

6. Improve Your Riding Skills

Confidence comes with experience, but it’s important to continuously work on your riding skills. Taking a motorcycle safety course, especially as a new rider, can teach you valuable techniques for handling different road conditions and emergency situations.

• Emergency Braking: Practice braking hard without losing control of the bike. Knowing how to stop quickly in an emergency can save your life.
• Cornering: Learn how to lean into turns properly and use your body weight to control the bike.
• Wet or Slippery Roads: Riding in wet conditions can be challenging, so practice smooth acceleration and braking to avoid skidding.

7. Stay Alert and Avoid Distractions

Motorcycling demands your full attention. Unlike driving a car, where you can relax a bit, riding a motorcycle requires constant awareness of your surroundings. Stay focused, avoid distractions, and never ride under the influence of alcohol or drugs.

• Be Mindful of Road Hazards: Look out for potholes, gravel, oil spills, and other road conditions that could cause you to lose control.
• Weather Conditions: If you're new to riding, avoid riding in extreme weather until you're more experienced.

8. Know Your Limits

As a new rider, it’s essential to recognize your limits and not push yourself too hard too quickly. Avoid challenging riding environments, like heavy traffic or long highway trips, until you feel more comfortable with your skills.

• Avoid Group Riding: While riding with friends can be fun, group rides can be overwhelming for new riders. Focus on developing your skills individually before joining a group.
• Take Breaks: Fatigue can set in quickly on long rides, so take regular breaks to stay alert and refreshed.

9. Be Prepared for Emergencies

Even with all the precautions, emergencies can happen. Be prepared by carrying a first aid kit, a basic tool kit, and having a plan in case of an accident.

• First Aid: Learn basic first aid techniques for treating injuries.
• Emergency Contacts: Carry identification and emergency contact information in case you are involved in an accident.

Conclusion

Motorcycling can be an exhilarating experience, but it comes with unique risks. For new riders, taking the time to learn the basics of bike handling, safety, and road awareness will pay off in both confidence and long-term safety. Remember, the most important thing is to enjoy the ride while staying safe on the road.

Motorcycle accidents can be life-altering events, often leading to severe injuries, emotional trauma, and financial burdens. If you've been involved in a motorcycle accident, it's essential to know your legal rights and the steps you can take to recover compensation for your losses. In this blog, we'll explore the key aspects of motorcycle accident claims and how you can protect your interests if you find yourself in such an unfortunate situation.

1. Common Causes of Motorcycle Accidents

Motorcycle accidents can happen for various reasons, many of which are preventable. Some of the most common causes include:

• Distracted driving: Drivers who are texting, using a GPS, or engaging in other distractions may not notice motorcyclists in their vicinity.
• Lane splitting: When motorcyclists ride between lanes of traffic, especially in slow-moving or stopped traffic, the risk of accidents increases.
• Speeding: High speeds reduce reaction times and increase the severity of collisions.
• Driving under the influence: Both motorcyclists and other drivers are at greater risk of accidents when impaired by alcohol or drugs.
• Poor weather conditions: Rain, snow, or fog can create hazardous conditions for motorcyclists, making it difficult to maintain control.
• Failure to yield: Many motorcycle accidents occur when drivers fail to yield the right of way to motorcyclists at intersections.

Understanding the cause of your accident is crucial in determining liability and securing compensation. A motorcycle accident attorney can help investigate the incident and hold the responsible party accountable.

2. Injuries Commonly Associated with Motorcycle Accidents

Motorcyclists are more vulnerable to injuries due to the lack of protection compared to passengers in cars. Some common injuries in motorcycle accidents include:

• Head and brain injuries: Even with a helmet, motorcyclists can suffer traumatic brain injuries (TBI) in serious crashes.
• Spinal cord injuries: Damage to the spinal cord can lead to partial or complete paralysis.
• Fractures: Broken bones, particularly in the legs, arms, and ribs, are common in high-impact collisions.
• Road rash: Skin abrasions caused by sliding across the road can lead to severe infections if not treated properly.
• Internal injuries: Damage to internal organs may not be immediately apparent but can be life-threatening without prompt medical attention.

If you’ve sustained any of these injuries in a motorcycle accident, seeking medical attention is critical for your recovery. Additionally, documenting your injuries is essential for building a strong personal injury case.

3. What to Do After a Motorcycle Accident

If you’re involved in a motorcycle accident, taking the right steps can significantly impact your ability to file a successful claim. Here's what you should do:

• Seek medical attention: Even if you don't feel injured, it's important to get checked by a medical professional. Some injuries may not be immediately noticeable.
• Call the police: A police report is a vital piece of evidence in any accident claim. It will provide an official account of what happened.
• Document the scene: If you're able, take photos of the accident scene, your injuries, and any damage to your motorcycle. This evidence can help support your claim.
• Get contact information: Exchange contact and insurance information with the other driver involved. Also, gather contact details from any witnesses.
• Avoid admitting fault: Even if you feel partially responsible for the accident, do not admit fault. The investigation will determine liability.

These actions can strengthen your case when you pursue compensation for your injuries and damages.

4. Understanding Liability in Motorcycle Accident Claims

Determining who is at fault in a motorcycle accident can be complicated. Liability may fall on multiple parties, including:

• The other driver: In many cases, the driver of another vehicle is responsible for the accident. For example, if they were speeding, distracted, or impaired at the time of the crash.
• Motorcycle manufacturers: If a defect in the motorcycle contributed to the accident, the manufacturer may be held liable for damages.
• Government entities: Poorly maintained roads, inadequate signage, or hazardous road conditions may make a city or state government partially responsible for an accident.

A thorough investigation is often required to determine liability. Working with a skilled motorcycle accident lawyer can help ensure that all responsible parties are identified and held accountable.

5. Compensation in Motorcycle Accident Cases

Motorcycle accident victims may be entitled to various forms of compensation, including:

• Medical expenses: This includes both current and future medical bills related to your injuries.
• Lost wages: If you're unable to work due to your injuries, you can seek compensation for lost income.
• Pain and suffering: Non-economic damages for the physical and emotional distress caused by the accident.
• Property damage: Compensation for repairs or replacement of your motorcycle and any other personal property damaged in the crash.

In some cases, punitive damages may also be awarded if the at-fault party’s conduct was particularly reckless or malicious.

6. The Importance of Hiring a Motorcycle Accident Lawyer

Navigating the legal process after a motorcycle accident can be overwhelming, especially when you're dealing with physical and emotional recovery. A motorcycle accident lawyer can handle all aspects of your case, from negotiating with insurance companies to representing you in court if necessary.

Here are some ways a lawyer can help:

• Investigating the accident: Your attorney will gather evidence, interview witnesses, and work with experts to reconstruct the accident scene.
• Negotiating with insurance companies: Insurers often try to minimize payouts. Your lawyer will ensure you receive fair compensation for your losses.
• Filing a lawsuit: If a fair settlement cannot be reached, your lawyer will file a lawsuit and represent you in court.
• Maximizing your compensation: With an experienced lawyer on your side, you're more likely to receive the full amount of compensation you're entitled to.

7. Statute of Limitations

In California, motorcycle accident victims have a limited amount of time to file a personal injury claim. The statute of limitations for personal injury claims is generally two years from the date of the accident. Failing to file within this period may result in losing your right to seek compensation.

Conclusion

Motorcycle accidents are often more severe than other types of accidents due to the vulnerability of the riders. If you’ve been involved in a motorcycle accident, understanding your legal rights and options is essential to recovering compensation for your injuries and damages. Working with an experienced motorcycle accident attorney will ensure your case is handled professionally and that you receive the compensation you deserve.

For more information or to schedule a consultation with a motorcycle accident lawyer, visit Kaass Motorcycle Law today.

Motorcycle accidents can have devastating consequences, leaving riders with severe injuries and facing complicated legal challenges. If you’ve been involved in a motorcycle accident in California, knowing your rights and legal options is crucial to ensure fair compensation and protection.

Common Causes of Motorcycle Accidents

Motorcycle accidents can occur for a variety of reasons, but some of the most common causes include:

• Distracted Drivers: Motorists not paying attention to motorcyclists, especially during lane changes or turns.
• Road Hazards: Debris, potholes, and poor road conditions pose greater risks to motorcyclists.
• Speeding and Reckless Driving: Drivers exceeding speed limits or ignoring traffic rules can lead to severe collisions.
• Driving Under the Influence (DUI): Intoxicated drivers have impaired judgment, leading to dangerous situations for motorcyclists.

What To Do After an Accident

1. Seek Medical Attention: Your health should be the first priority. Get a medical evaluation, even if injuries seem minor at first.
2. Document the Scene: Take photos of the accident site, damages, and your injuries. This evidence will be essential when filing a claim.
3. Get Contact Information: Exchange details with all involved parties, including witnesses.
4. Report the Accident: File a police report as soon as possible to ensure an official record of the incident.
5. Contact a Motorcycle Accident Attorney: Navigating insurance claims and legal procedures can be complex. Consulting a knowledgeable attorney ensures that your rights are protected.

How an Attorney Can Help

Motorcycle accident attorneys specialize in personal injury law and will:

• Negotiate with Insurance Companies: Insurance adjusters often try to minimize payouts. Your attorney will advocate for fair compensation.
• Gather Evidence: Attorneys will collect relevant evidence such as traffic camera footage, witness statements, and police reports.
• File a Lawsuit if Necessary: If a settlement cannot be reached, your lawyer can take your case to court to fight for your rights.

Damages You Can Claim

Victims of motorcycle accidents can seek compensation for:

• Medical Bills: Both current and future medical expenses related to the accident.
• Lost Wages: Income lost due to time away from work for recovery.
• Property Damage: Costs associated with repairing or replacing your motorcycle.
• Pain and Suffering: Compensation for emotional distress and physical pain caused by the accident.

Conclusion

Being involved in a motorcycle accident is overwhelming, but you don’t have to face it alone. Having an experienced attorney on your side can make all the difference in securing the compensation you deserve. Contact our team at KAASS Motorcycle Law to discuss your case and take the first step toward recovery.

Motorcycle accidents can lead to devastating consequences, from serious injuries to extensive financial burdens. Understanding liability in these accidents is critical for ensuring that injured riders receive the compensation they deserve. In this blog, we’ll break down the legal aspects of motorcycle accidents, focusing on liability, common causes, and the steps you should take if you’re involved in an accident.

Establishing Liability in Motorcycle Accidents

Liability refers to legal responsibility for causing an accident. In motorcycle accidents, determining who is at fault is crucial for securing compensation for damages. In most cases, the party responsible for causing the accident is liable for the resulting injuries and property damage. However, proving liability requires a clear understanding of traffic laws and the specific circumstances of the crash.

1. Negligence: The most common basis for liability in motorcycle accidents is negligence. Negligence occurs when a driver fails to exercise reasonable care on the road, leading to an accident. Examples of negligence include:
   If a driver’s negligent actions cause a motorcycle accident, they can be held legally responsible for any injuries or damages that result.
2. • Speeding or reckless driving
   • Running red lights or stop signs
   • Distracted driving (e.g., texting or using a phone while driving)
   • Driving under the influence of drugs or alcohol
   • Failing to yield the right of way
2. Comparative Negligence: In some cases, both the motorcyclist and the other driver may share responsibility for the accident. Many states, including California, follow a comparative negligence system. This means that even if a motorcyclist is partially at fault for the accident, they can still recover damages. However, their compensation will be reduced by their percentage of fault. For example, if a rider is found to be 20% at fault for the accident, their total compensation would be reduced by 20%.
3. Third-Party Liability: Sometimes, liability in a motorcycle accident extends beyond the drivers involved. For example, if a defective motorcycle part or poor road maintenance contributed to the accident, a third party, such as a manufacturer or government agency, could be held liable. In these cases, it’s essential to identify all potentially responsible parties to ensure full compensation.

Common Causes of Motorcycle Accidents

Motorcycle accidents can occur for a variety of reasons, many of which involve the negligence of other drivers. Some of the most common causes include:

• Failure to See Motorcycles: Due to their smaller size, motorcycles are less visible to other drivers. Many accidents occur when drivers fail to check their blind spots or don’t notice a motorcycle while making turns or lane changes.
• Left-Turn Accidents: One of the most dangerous situations for motorcyclists is when a vehicle makes a left turn in front of an oncoming motorcycle. This often happens because the driver misjudges the motorcycle’s speed or fails to see it at all.
• Speeding and Reckless Driving: Drivers who speed or engage in reckless behavior put motorcyclists at serious risk. The faster a vehicle is moving, the less time the driver has to react to obstacles or other vehicles, including motorcycles.
• Distracted Driving: With the increasing use of smartphones and other devices, distracted driving has become a leading cause of accidents. Drivers who are not paying attention to the road are more likely to collide with motorcyclists.
• Road Hazards: Motorcycles are more susceptible to road hazards, such as potholes, debris, and uneven pavement. A road condition that might only be a minor inconvenience for a car can cause a motorcyclist to lose control and crash.

What to Do After a Motorcycle Accident

If you’re involved in a motorcycle accident, the actions you take immediately afterward can have a significant impact on your ability to recover compensation. Here are the key steps to follow:

1. Seek Medical Attention: Your health and safety should always be your top priority. Even if you don’t feel seriously injured, it’s important to get checked out by a medical professional. Some injuries, such as concussions or internal injuries, may not show symptoms right away.
2. Document the Scene: If you’re physically able, gather as much evidence from the accident scene as possible. Take photos of the vehicles involved, any damage to your motorcycle, your injuries, and the surrounding area. If there were witnesses to the accident, try to get their contact information as well.
3. Call the Police: It’s important to file a police report after an accident, especially if there are injuries or significant property damage. The police report can serve as an official record of the accident and may be valuable evidence if you need to file a claim.
4. Do Not Admit Fault: Even if you believe you may have contributed to the accident, avoid admitting fault at the scene. The determination of fault should be left to the authorities and insurance companies. Anything you say at the scene can be used against you later.
5. Consult an Attorney: Motorcycle accidents can involve complex legal issues, especially when it comes to proving liability and negotiating with insurance companies. A knowledgeable attorney can help protect your rights and ensure you receive the compensation you deserve.

Damages Available to Injured Motorcyclists

If you’ve been injured in a motorcycle accident due to someone else’s negligence, you may be entitled to compensation for a variety of damages, including:

• Medical Expenses: This includes both current and future medical bills related to your injuries, such as hospital stays, surgeries, rehabilitation, and medication.
• Lost Wages: If your injuries prevent you from working, you may be able to recover compensation for the income you’ve lost during your recovery.
• Pain and Suffering: In addition to financial losses, you may be entitled to compensation for the physical pain and emotional distress caused by the accident.
• Property Damage: You can also seek compensation for the repair or replacement of your motorcycle and any other personal property damaged in the accident.
• Loss of Consortium: In some cases, spouses of injured motorcyclists may be entitled to compensation for the loss of companionship and support due to the accident.

Dealing with Insurance Companies

After a motorcycle accident, you’ll likely need to deal with insurance companies—both your own and the other driver’s. Keep in mind that insurance companies are primarily interested in minimizing their payouts, and they may try to offer you a quick, lowball settlement. Before accepting any settlement offer, it’s in your best interest to consult with an attorney who can evaluate the offer and negotiate on your behalf.

An experienced motorcycle accident attorney will know how to handle insurance companies and ensure that you’re treated fairly. They’ll also gather the evidence necessary to build a strong case, including police reports, medical records, and witness statements.

Conclusion

Motorcycle accidents can have life-altering consequences, both physically and financially. Understanding liability and knowing your legal rights are key to recovering the compensation you deserve. If you’ve been injured in a motorcycle accident, Kaass Motorcycle Law is here to help. Our experienced attorneys are dedicated to fighting for the rights of motorcyclists and ensuring that you receive the maximum compensation for your injuries and losses.

California’s scenic highways and coastal roads are a motorcyclist’s paradise, offering breathtaking views and thrilling rides. But alongside the excitement comes an undeniable reality—motorcycle accidents. While riding offers freedom, it's essential to remember that motorcycles also expose riders to greater risk compared to cars. This blog explores ways to stay safe on the roads, tips for avoiding accidents, and what to do if you find yourself involved in one.

Understanding the Risks of Riding in California

With its diverse landscapes and congested highways, California presents unique challenges for motorcycle riders. Here are some key risk factors:

1. Heavy Traffic: Freeways like the I-405 and I-5 are infamous for their traffic jams. Navigating congested roads can increase the likelihood of accidents, particularly in stop-and-go conditions.
2. Lane Splitting: While lane splitting (riding between lanes of stopped or slow-moving traffic) is legal in California, it can be dangerous if not done cautiously. Drivers often do not expect motorcycles between lanes and may change lanes abruptly.
3. Road Hazards: From potholes to debris, road conditions can rapidly change and pose a significant hazard to riders. Motorcycles, being smaller and less stable than cars, are more vulnerable to these conditions.
4. Speeding: Excessive speed is a major factor in motorcycle accidents. Higher speeds reduce the time you have to react to road conditions or other vehicles, increasing the chances of a crash.
5. Inexperienced Riders: The thrill of riding a motorcycle can tempt new riders to hit the road before fully mastering their bikes. Inexperience can lead to mistakes, particularly when reacting to sudden changes in traffic or road conditions.

How to Stay Safe While Riding

Here are some crucial safety tips for motorcycle riders, especially when cruising California’s busy highways and scenic backroads:

1. Wear Proper Gear

No matter the weather or how short your trip may be, wearing appropriate safety gear is essential. This includes:

• Helmet: California law requires all motorcycle riders to wear helmets that meet U.S. Department of Transportation (DOT) safety standards.
• Protective Clothing: Opt for durable, abrasion-resistant materials like leather or specially designed motorcycle gear. Gloves, boots, and jackets with padding can provide additional protection in case of a fall.
• Reflective Gear: Especially at night or in low visibility, wearing reflective clothing helps you stay visible to other drivers.

2. Stay Alert and Aware

Motorcycle riding demands constant vigilance. Always be aware of your surroundings:

• Scan the Road: Continuously scan for hazards such as potholes, slick surfaces, or vehicles behaving erratically.
• Keep a Safe Distance: Maintain a safe following distance to give yourself enough time to react to sudden stops or changes in traffic.
• Use Your Mirrors: Regularly check your mirrors for vehicles approaching from behind, especially in fast-moving traffic.

3. Ride Defensively

Defensive driving is a crucial strategy for avoiding accidents:

• Assume You Are Not Seen: Most motorcycle accidents occur because drivers didn’t see the motorcyclist. Ride as though drivers may not notice you, especially when riding alongside larger vehicles.
• Avoid Blind Spots: Stay out of the blind spots of trucks and cars to reduce the risk of being sideswiped or cut off.
• Signal Your Intentions: Always use your signals when changing lanes or making turns to make your movements as predictable as possible to other road users.

4. Avoid Riding in Poor Conditions

While California is known for its sunny weather, conditions aren’t always ideal for motorcycling:

• Rain: Wet roads can be treacherous for motorcycles, as they reduce tire traction and increase stopping distances.
• Wind: Strong gusts can make it difficult to maintain control of your bike, especially on bridges or open highways.
• Darkness: Night riding reduces visibility for both you and other drivers. Avoid riding in poorly lit areas or take extra precautions if you must ride after dark.

5. Follow Speed Limits

California highways are often fast-paced, but speeding is a major factor in motorcycle accidents. Stick to posted speed limits and adjust your speed for road conditions. Speeding gives you less time to react to sudden changes and increases the likelihood of severe injury in the event of an accident.

Common Causes of Motorcycle Accidents

Despite best efforts, accidents can still happen. Here are some of the most common causes of motorcycle accidents:

• Distracted Driving: Drivers who are texting, talking on the phone, or not paying attention are a danger to all road users but especially motorcyclists.
• Left Turns by Cars: One of the most frequent causes of motorcycle accidents is when a car makes a left turn in front of an oncoming motorcycle, often because the driver failed to see the rider.
• Speeding: Excessive speed reduces the time drivers and riders have to react to each other, making collisions more likely.
• Alcohol or Drug Use: Riding under the influence of alcohol or drugs impairs judgment, coordination, and reaction times.

What to Do If You're Involved in a Motorcycle Accident

Despite taking all the right precautions, accidents do happen. If you find yourself in a crash, here’s what you should do:

1. Seek Immediate Medical Attention

Even if you feel fine after the crash, seek medical attention immediately. Some injuries, such as internal bleeding or concussions, may not be immediately apparent.

2. Call the Police

Report the accident to the police so that an official report can be filed. This will be crucial for insurance claims and any legal proceedings that may follow.

3. Document the Scene

Take photos of the accident scene, your motorcycle, and any other vehicles involved. Make sure to capture any relevant road conditions or hazards that may have contributed to the accident.

4. Exchange Information

Exchange contact and insurance information with the other driver(s). If there are witnesses, get their contact details as well.

5. Consult an Attorney

Motorcycle accidents can lead to serious injuries, long-term medical costs, and legal complexities. It’s important to consult a motorcycle accident attorney who can help you navigate the claims process and protect your rights.

Why You Need an Experienced Motorcycle Accident Attorney

Dealing with insurance companies, medical bills, and possible lawsuits after a motorcycle accident can be overwhelming. Having an experienced motorcycle accident attorney on your side ensures that your rights are protected and that you receive the compensation you deserve for medical expenses, lost wages, and pain and suffering.

At KAASS Motorcycle Law, we specialize in motorcycle accident cases. Our team has years of experience representing injured riders, helping them navigate complex legal processes, and securing favorable outcomes. If you’ve been in an accident, contact us for a free consultation.

Motorcycling offers an exhilarating sense of freedom but also involves inherent risks. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 28 times more likely than passenger vehicle occupants to die in a crash per mile traveled. To mitigate these risks, wearing appropriate safety gear is not just advisable but essential. This blog post will delve into the various types of motorcycle safety gear, their importance, and how they can protect you on the road.

1. The Role of Safety Gear in Motorcycle Riding

Motorcycle safety gear is designed to protect riders from injuries sustained during accidents. While a motorcycle helmet is the most recognizable piece of safety equipment, a comprehensive approach to safety gear includes several other essential items that work together to minimize injuries. Wearing appropriate safety gear can significantly reduce the severity of injuries in the event of an accident, making it a critical aspect of responsible riding.

2. Essential Motorcycle Safety Gear

Let’s take a closer look at the different types of safety gear that every motorcyclist should consider:

a. Helmets

The helmet is the most crucial piece of safety gear for motorcyclists. Helmets reduce the risk of head injuries, which are the leading cause of death among motorcyclists. According to the NHTSA, helmet use is estimated to be 37% effective in preventing motorcycle fatalities.

When choosing a helmet, look for the following features:

• DOT Certification: Ensure the helmet meets the Department of Transportation (DOT) safety standards.
• Proper Fit: A well-fitting helmet should be snug but not uncomfortable. It should not move when you shake your head.
• Full-Face Design: Consider a full-face helmet that covers the entire head, providing better protection for the face and jaw than half- or open-face helmets.

b. Jackets

Motorcycle jackets are designed to protect against abrasions and impacts. They are typically made from durable materials such as leather or textiles. Key features to look for include:

• Armor: Many jackets come equipped with shoulder, elbows, and back armor to absorb impact during an accident.
• Visibility: Bright colors and reflective materials enhance visibility, making it easier for other drivers to see you on the road.
• Weather Resistance: Look for jackets that provide insulation for colder weather and ventilation for warmer rides.

c. Gloves

Motorcycle gloves protect your hands from abrasions and provide a better grip on the handlebars. When selecting gloves, consider:

• Material: Leather gloves are durable, while textile gloves can provide better ventilation.
• Fit: Gloves should fit snugly without being too tight, allowing for agility while riding.
• Armor: Some gloves include additional padding or armor on the knuckles for extra protection.

d. Pants

Motorcycle pants are designed to protect your legs in the event of a crash. Like jackets, they come in leather and textile options, and many feature built-in armor. Key considerations include:

• Durability: Look for reinforced seams and abrasion-resistant materials.
• Comfort: Ensure the pants allow for freedom of movement while riding.
• Protection: Consider pants with knee and hip armor for additional impact protection.

e. Boots

Motorcycle boots protect your feet and ankles from injury. When choosing riding boots, look for the following:

• Sturdy Construction: Choose boots made from durable materials that can withstand abrasion and impact.
• Ankle Support: High-top boots provide better support for your ankles, reducing the risk of sprains.
• Non-Slip Soles: A good grip is crucial for maintaining control while riding and stopping.

3. The Legal Perspective of Wearing Safety Gear

In addition to the personal safety benefits, wearing safety gear has legal implications. Many states have laws mandating the use of helmets for motorcyclists. Failing to comply with these laws can result in fines and penalties, but more importantly, it can impact your insurance coverage and liability in the event of an accident.

For instance, if you are involved in an accident and are not wearing a helmet when required by law, you may be found partially responsible for your injuries, which can affect your ability to claim compensation. Insurance companies often consider using safety gear when determining fault and payout amounts.

4. Common Misconceptions About Motorcycle Safety Gear

Despite the clear benefits of wearing safety gear, several misconceptions may deter riders from fully protecting themselves:

• "Safety gear is uncomfortable." While some gear may feel restrictive initially, modern motorcycle apparel is designed with comfort and functionality in mind. Investing in high-quality gear that fits well can enhance your riding experience.
• "I don’t need gear for short rides." Accidents can happen at any time, regardless of the distance traveled. Wearing safety gear is essential for every ride, whether long or short.
• "I’m a skilled rider, so I don’t need protection." Even the most experienced riders can be involved in accidents caused by factors beyond their control, such as other drivers, road conditions, or mechanical failures.

5. The Cost of Motorcycle Safety Gear vs. The Cost of Injuries

While high-quality safety gear can be an investment, it pales compared to the medical bills and lost income resulting from motorcycle injuries. The average cost of motorcycle accident injuries, including hospital bills, rehabilitation, and lost wages, can reach tens of thousands of dollars.

By choosing to invest in safety gear, riders can potentially avoid significant financial burdens while ensuring their safety on the road.

The importance of motorcycle safety gear cannot be overstated. From helmets to boots, each piece plays a vital role in protecting riders from injuries in an accident. While the initial investment in quality gear may seem steep, its protection can save lives and prevent severe injuries.

As a responsible motorcyclist, prioritize safety by wearing appropriate gear for every ride. Not only will you be complying with legal requirements, but you will also enhance your riding experience and peace of mind. Remember, accidents can happen when you least expect them—be prepared and protect yourself on the road.

If you have questions about motorcycle laws or insurance claims or need legal assistance after an accident, don’t hesitate to contact Kaass Motorcycle Law. Our experienced team is here to help you navigate motorcycle law's complexities and protect your rights.

Motorcycle accidents are among the most devastating and dangerous incidents on the road. Due to the lack of external protection, riders often face severe injuries or even fatalities in the event of a crash. If you are a motorcyclist, knowing your legal rights after an accident can significantly impact how you recover physically, emotionally, and financially.

Immediate Steps After a Motorcycle Accident

Being involved in a motorcycle accident can be overwhelming, but it is critical to remain calm and take the appropriate steps to ensure your safety and protect your legal rights.

1. Seek Medical Attention Your health should always be your top priority. Even if you believe your injuries are minor, it’s crucial to seek medical attention immediately. Motorcycle accidents often result in internal injuries or concussions that may not be apparent right away. A medical evaluation will not only address potential hidden injuries but will also serve as documentation for your case.
2. Report the Accident Contact law enforcement and report the accident. Having a police report is vital when pursuing a legal claim, as it provides an official account of the incident. The report typically includes important details such as the time, location, and any potential witnesses, which can support your claim later.
3. Gather Evidence If you can, collect evidence from the accident scene. Take photos of your motorcycle, the other vehicle(s) involved, any visible injuries, and the surroundings. Document road conditions, traffic signs, and anything that might have contributed to the crash. This evidence will be important when proving fault and establishing liability in your claim.
4. Exchange Information Get the contact information, insurance details, and driver’s license number of the other driver(s) involved in the accident. If there are witnesses, collect their contact information as well, as they may provide statements later to support your case.

Understanding Fault in Motorcycle Accidents

Determining who is at fault in a motorcycle accident can be complex. In many cases, drivers of larger vehicles are more likely to be at fault because they do not notice motorcycles on the road. However, motorcycle riders can also be held partially or fully responsible if they violate traffic laws or engage in risky behavior such as lane splitting (where legal), speeding, or riding under the influence.

When determining fault, several factors are considered, including:

• Traffic Violations: Whether the other driver or motorcyclist violated any traffic laws, such as running a red light or failing to yield the right of way.
• Driver Distraction: Whether the other driver was distracted by a phone or other activity during the crash.
• Road Conditions: Poor road conditions, such as potholes or debris, may have contributed to the accident.
• Motorcycle Maintenance: Whether the motorcycle was in proper working condition, with no mechanical defects that could have contributed to the accident.

Fault can also be shared in some cases, known as comparative negligence. In states that follow comparative negligence laws, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20%.

Filing a Motorcycle Accident Claim

After seeking medical treatment and gathering evidence, the next step is to file a claim with the at-fault driver’s insurance company. This is where having legal representation can significantly benefit your case. Insurance companies are known to minimize payouts or deny claims, and a motorcycle accident attorney can negotiate on your behalf to ensure you receive fair compensation.

Here’s a breakdown of the claims process:

1. Notify the Insurance Company You or your attorney should notify the at-fault driver’s insurance company of the accident and your intent to file a claim. Provide the crash details, including the police report and medical records.
2. Investigate the Claim The insurance company will conduct an investigation to determine liability. This may include reviewing the police report, speaking with witnesses, and examining the damage to both vehicles.
3. Negotiate a Settlement Once liability is established, the insurance company will likely offer a settlement. This initial offer is often lower than what you are entitled to, so it is crucial to have an attorney negotiate on your behalf. They will ensure the offer covers all your medical expenses, lost wages, and other damages you suffered from the accident.
4. File a Lawsuit (if necessary) If the insurance company refuses to offer a fair settlement, your attorney may advise filing a lawsuit. Many motorcycle accident cases are settled out of court, but going to trial can be an option if necessary to secure adequate compensation.

Compensation You Can Receive

Motorcycle accident victims are entitled to various types of compensation, depending on the severity of their injuries and the circumstances of the crash. Compensation is typically divided into two categories: economic and non-economic damages.

1. Economic Damages: These are tangible, quantifiable losses resulting from the accident. They include:
2. • Medical expenses (current and future)
   • Rehabilitation and physical therapy costs
   • Lost wages due to time off work
   • Property damage (repair or replacement of your motorcycle)
   • Any other out-of-pocket expenses related to the accident
2. Non-Economic Damages: These are more subjective and cover the emotional and psychological toll of the accident, including:
3. • Pain and suffering
   • Emotional distress
   • Loss of enjoyment of life (if your injuries prevent you from enjoying activities you once loved)
   • Disfigurement or permanent disability

In cases where the at-fault driver acted recklessly or intentionally, you may also be entitled to punitive damages, which are intended to punish the wrongdoer and deter similar behavior in the future.

The Importance of Legal Representation

Motorcycle accident claims are often more challenging than typical car accident cases. Insurance companies may argue that motorcyclists assume more risk by choosing to ride, or they may try to shift the blame onto the rider. This is why having a skilled motorcycle accident attorney on your side is essential.

An experienced attorney will not only help gather the necessary evidence and handle communications with the insurance company, but they will also ensure you are fully compensated for all your losses. They understand the nuances of motorcycle accident law and can build a strong case to protect your rights.

Conclusion

Motorcycle accidents can leave victims with life-changing injuries and financial burdens. Knowing your legal rights and taking the right steps after an accident can help you recover both physically and financially. Seeking immediate medical attention, gathering evidence, and working with an experienced attorney are crucial in securing fair compensation for your losses.

If you or a loved one has been involved in a motorcycle accident, don’t hesitate to seek legal help. Protect your rights, and ensure you get the compensation you deserve.

Motorcycles offer an exhilarating sense of freedom on the road, but they also come with inherent risks. Riders are more vulnerable to accidents and injuries than those in enclosed vehicles. Understanding road safety practices and legal rights as a motorcyclist is essential for staying safe and knowing what to do in case of an accident. This guide provides practical safety tips for motorcyclists and outlines the legal protections available to them in the event of a collision or injury.

1. Wear Proper Gear

The first step to staying safe on the road as a motorcyclist is wearing protective gear. Unlike car drivers, motorcyclists are exposed to direct impact in the event of a crash. Wearing the proper attire can make a significant difference in minimizing injuries.

• Helmet: Always wear a DOT-approved helmet. According to the National Highway Traffic Safety Administration (NHTSA), helmets reduce the risk of head injury by 69% and death by 42%. Look for helmets with a face shield to protect your eyes from debris.
• Protective Clothing: Wear a jacket, gloves, pants, and boots designed for motorcycling. Leather or armored clothing provides better protection in a fall or collision, shielding your skin from abrasions.
• Reflective Gear: Ensure you are visible to other drivers, especially at night. Wearing reflective gear or bright colors can prevent accidents by ensuring you’re seen from a distance.

2. Conduct a Pre-Ride Inspection

Before heading out on the road, always conduct a quick pre-ride inspection of your motorcycle to ensure it’s in good working condition.

• Tires: Check tire pressure and tread depth. Worn or improperly inflated tires can affect handling and increase the blowout risk.
• Brakes: Test both front and rear brakes to ensure they’re responsive.
• Lights and Signals: To enhance visibility, verify that the headlights, taillights, brake lights, and turn signals are functioning correctly.
• Fluids: Check the oil, brake fluid, and coolant levels. Keeping fluids at the correct levels ensures the bike runs smoothly.

3. Ride Defensively

Motorcycles are often more challenging for other drivers to see, making defensive riding crucial. Anticipating potential hazards and staying alert can help you avoid dangerous situations.

• Stay Out of Blind Spots: Always be aware of your positioning on the road. Avoid lingering in car and truck blind spots, especially on highways.
• Maintain a Safe Following Distance: Leave ample space between you and the vehicle in front. Motorcycles have shorter stopping distances, but following too closely can lead to little reaction time in an emergency.
• Anticipate Driver Mistakes: Assume that other drivers may not see you, and be prepared for sudden lane changes or cars running red lights.
• Use Signals Early: Signal well before turning or changing lanes, giving other drivers plenty of notice of your intentions.

4. Obey Traffic Laws

Motorcyclists must adhere to all standard traffic rules and regulations, including speed limits, traffic signals, and lane usage. However, they are subject to additional regulations specific to their vehicles.

• Lane Splitting: In California, lane splitting (riding between lanes of traffic) is legal, but it must be done safely. Avoid splitting lanes at high speeds or in areas where cars are closely packed.
• Speed Limits: Motorcycles have higher acceleration capabilities than most vehicles, making it tempting to exceed speed limits. Speeding reduces your ability to react to unexpected obstacles and increases the severity of accidents.
• Drunk Driving: Riding a motorcycle while under the influence of alcohol or drugs is illegal and dangerous. Impaired judgment and slower reaction times significantly increase the risk of accidents.

5. What to Do in Case of a Motorcycle Accident

Even when taking all precautions, accidents can still happen. Knowing what steps to take can protect your rights and ensure your safety if you're involved in a motorcycle collision.

a. Ensure Safety and Seek Medical Attention

The priority is to ensure your safety and the safety of others. Move to a safe location if possible, and assess any injuries. Even if you feel fine, seek medical attention as some injuries (like concussions) may not be immediately apparent.

b. Call Law Enforcement

Contact the police and file an accident report. The report will be official documentation of the incident, crucial for insurance claims and legal action. Be sure to collect the names and badge numbers of the officers on the scene.

c. Exchange Information

Gather contact information, insurance details, and vehicle registration from the other party involved in the accident. Additionally, note the vehicles' make, model, and license plate number.

d. Document the Scene

Take photos of the accident scene, including any damage to your motorcycle, injuries, skid marks, and the surrounding environment. Eyewitness testimony can also be valuable, so gather contact information from anyone who saw the accident.

e. Contact an Attorney

Motorcycle accidents often result in severe injuries, leading to costly medical bills, lost wages, and emotional trauma. An experienced motorcycle accident attorney can help you navigate the legal process, ensuring you receive fair compensation for your damages. They will handle negotiations with insurance companies, protect your rights, and, if necessary, represent you in court.

6. Legal Rights of Motorcyclists

Understanding your legal rights as a motorcyclist can protect you in the event of an accident. Motorcycle riders have the same rights on the road as any other vehicle, and you may be entitled to compensation if another driver’s negligence caused the accident.

a. Filing a Personal Injury Claim

If you’re injured in a motorcycle accident caused by another party, you can file a personal injury claim. Compensation may cover:

• Medical expenses
• Lost wages
• Property damage (repair or replacement of your motorcycle)
• Pain and suffering

b. Comparative Negligence

California operates under a comparative negligence rule, meaning that even if you are partially at fault for the accident, you may still recover compensation. However, your award may be reduced by your percentage of fault. For example, if you are 20% at fault for the accident, your compensation will be reduced by 20%.

c. Dealing with Insurance Companies

After an accident, insurance companies may attempt to offer a quick settlement that is lower than what you’re entitled to. It’s important not to accept the first offer without consulting an attorney. A motorcycle accident lawyer will ensure that all aspects of your damages are considered before settling.

Motorcycle safety is paramount for riders who want to enjoy the freedom of the open road while minimizing risks. Wearing proper gear, maintaining your bike, riding defensively, and obeying traffic laws contribute to a safer riding experience. However, accidents can still happen, and when they do, understanding your legal rights is critical to recovering damages. By following safety tips and knowing how to respond in case of an accident, you can protect your health and legal rights on the road.

If you’ve been injured in a motorcycle accident, consulting with an experienced attorney can help you understand your options and ensure you receive fair compensation for your injuries and losses.

Lane splitting, the practice of riding a motorcycle between lanes of slow or stopped traffic, has long been a hot topic in California. For years, motorcycle riders debated its legality, while many drivers viewed it as dangerous and unpredictable. In 2016, California became the first state to formally legalize lane splitting, making it essential for both motorcycle riders and drivers to understand the rules and regulations governing this practice.

In this blog, we'll explore everything you need to know about lane splitting, including its legal status, safety considerations, and tips for ensuring you stay within the law while riding.

1. The Legalization of Lane Splitting in California

Before 2016, lane splitting operated in a legal gray area in California. While no laws explicitly prohibited lane splitting, it was alson't expressly permitted. This ambiguity left motorcycle riders unsure of whether they could legally ride between lanes, and law enforcement officers often had to use their discretion when determining whether to issue citations.

That changed in 2016 when Governor Jerry Brown signed Assembly Bill 51. This bill officially legalized lane splitting, making California the only state where the practice is legally sanctioned. The law, which went into effect on January 1, 2017, defines lane splitting as "driving a motorcycle... between rows of stopped or moving vehicles in the same lane, including both divided and undivided streets, roads, or highways."

While AB 51 made lane splitting legal, it did not set specific guidelines for how or when riders should split lanes. Instead, the California Highway Patrol (CHP) created educational guidelines to help motorcycle riders and drivers navigate lane splitting safely.

2. CHP Guidelines for Safe Lane Splitting

The CHP's lane splitting guidelines are designed to ensure the safety of motorcycle riders and other drivers on the road. They provide general advice on how to lane split responsibly and minimize the risk of accidents. Although these guidelines are not legally binding, they serve as best practices for riders looking to stay within the law.

Here are some key points from the CHP guidelines:

• Speed: Riders should avoid lane splitting at speeds over 30 mph. Lane splitting at high speeds increases the risk of accidents and reduces the time riders have to react to sudden changes in traffic.
• Speed differential: Motorcycle riders should not lane split if traveling more than ten mph faster than the surrounding traffic. A small speed differential allows riders to safely navigate between lanes while giving other drivers enough time to notice and react to their presence.
• Traffic conditions: Lane splitting is safest when traffic moves slowly or stops entirely. Riders should avoid lane splitting in heavy, fast-moving traffic, as this increases the likelihood of accidents.
• Lane choice: Riders are encouraged to split between the far left lanes, as vehicles in these lanes are less likely to merge or make frequent lane changes. Lane splitting between the right lanes or on-ramps and off-ramps is generally more dangerous.
• Awareness: Riders should always be alert and aware of their surroundings. This includes watching for drivers merging lanes, opening doors, or making sudden movements. Defensive riding is essential for staying safe while lane splitting.

These guidelines are meant to protect riders and other road users. While not legally required, following them can help riders avoid accidents and stay on the right side of the law.

3. The Safety of Lane Splitting

One of the most common arguments against lane splitting is that it is inherently dangerous. However, studies have shown that, when done responsibly, lane splitting can enhance motorcycle safety.

A 2015 study by the University of California, Berkeley, found that lane splitting reduces the likelihood of rear-end collisions, one of the most common types of motorcycle accidents. When motorcyclists are stuck in traffic, they are at greater risk of being hit from behind by inattentive drivers. Lane splitting allows riders to avoid this danger by moving between lanes of traffic.

The study also found that motorcyclists who lane split at speeds under 50 mph and with a speed differential of 15 mph or less were significantly less likely to be involved in accidents than those who did not. Additionally, the study concluded that lane-splitting reduced the severity of injuries sustained in accidents, as lane-splitting riders were less likely to be struck by vehicles moving at higher speeds.

While lane splitting can improve safety under the right circumstances, it is not without risks. Riders who lane split recklessly—speeding between lanes or cutting between cars in fast-moving traffic—are more likely to be involved in accidents. Additionally, drivers unaware of the legality of lane splitting may be caught off guard when they see a motorcycle riding between lanes, leading to dangerous situations.

4. Common Misconceptions About Lane Splitting

Despite its legalization, lane splitting remains a misunderstood practice, both among drivers and even some motorcyclists. Here are some of the most common misconceptions surrounding lane splitting:

• "Lane splitting is illegal in all states." While California is the only state where lane splitting is explicitly legal, other states are considering similar legislation. States like Utah have introduced laws permitting "lane filtering," which allows motorcycles to move between stopped traffic at traffic lights.
• "Lane splitting is always dangerous." As discussed earlier, when done responsibly and within safe parameters, lane splitting can reduce the likelihood of accidents and enhance rider safety.
• "Drivers must move over for lane-splitting motorcycles." While drivers are encouraged to be aware of lane-splitting motorcycles and give them space, they are not legally required to move out of the way. However, drivers should not intentionally block motorcycles from lane splitting, which can lead to accidents and may be considered aggressive driving.
• "Motorcyclists lane split to show off or ride recklessly." The primary motivation for lane splitting is safety, not showing off or speeding. Riders use lane splitting to avoid being stuck in traffic where they are more vulnerable to rear-end collisions.

5. Tips for Drivers Sharing the Road with Lane-Splitting Motorcyclists

As a driver, it's essential to be aware of lane-splitting motorcyclists and take steps to ensure their safety. Here are some tips for sharing the road with lane-splitting riders:

• Stay alert: Always check your mirrors and blind spots before changing lanes, especially in slow-moving traffic. Motorcycles can be harder to spot than cars, so it's important to stay vigilant.
• Give space: If you notice a motorcycle lane splitting behind you, try to give them enough space to pass between lanes safely. Please don't attempt to block or impede them, as this can lead to accidents.
• Avoid sudden movements: Lane splitting is safest when traffic is predictable. Avoid sudden lane changes or opening your car doors unexpectedly, especially in heavy traffic.
• Stay calm: If you feel frustrated by a lane-splitting motorcyclist, try to stay calm and remember that the practice is legal in California. Lane splitting helps reduce traffic congestion and can prevent accidents, benefiting all road users.

Lane Splitting in California

Lane splitting is a unique aspect of California traffic law that provides motorcycle riders a safer and more efficient way to navigate congested roads. While the practice is legal, it comes with responsibilities for both riders and drivers.

Motorcyclists must adhere to the CHP's guidelines and prioritize safety by maintaining reasonable speeds, staying alert, and lane splitting only in appropriate conditions. On the other hand, drivers should be aware of lane-splitting motorcycles and take steps to ensure they share the road safely.

By understanding the laws and best practices surrounding lane splitting, both riders and drivers can help reduce accidents and keep California's roads safer for everyone.

Common Motorcycle Accident Injuries

It is essential to point out that a motorcyclist is exposed to multiple injuries when involved in an accident. These kinds of injuries can be of numerous sorts and are not necessarily limited to basic wounds and contusions but may as well be life-threatening. 

Here’s a breakdown of some of the most common types of injuries sustained in motorcycle accidents: 

Road Rash

This injury arises when the rider slides across the pavement surface, causing extensive rub damage to the skin. Road rash can vary, from less severe abrasions to the worst-case scenario where the skin is removed from the muscle and surgically grafted back on.

Fractures

The impact of a motorcycle crash usually leads to fractures. People often have leg, arm, rib, and clavicle fractures among the traditional bone breaks. The degree of severity of injury observed for fractures can vary from simple fractures, which may require only casting and may heal, to covered or severe fractures requiring surgery.

Head Injuries

Head injuries are severe injuries and include head and traumatic brain injuries (TBIs). Helmets decrease the likelihood of head obstructions but do not eradicate the possibility of acquiring head injuries. Concussions can cause permanent damage to changes in intellectual abilities, memory, balance, and emotions.

Spinal Cord Injuries

Injuries to the spinal cord may cause partial or complete dysfunction. For this reason, such injuries have long-term effects, and patients will need to undergo treatment and rehabilitation for some time.

Internal Injuries

Hemorrhage is the sudden loss of blood from a damaged blood vessel. It is important to note that these injuries may not be apparent but, if not attended to, can lead to death.

Lower Extremity Injuries 

Motorcycle accidents are unfortunately common, and the legs and feet often bear the brunt of the impact. Injuries range from minor abrasions to complex fractures, dislocations, and even the loss of limbs.

Does Health Insurance Cover Motorcycle Accident Injuries?

Self-funded health insurance is a hot topic because riders need to know what area of their insurance covers injuries inflicted by a motorcycle accident. Usually, health insurance policies take care of such injuries, though issues or conditions are involved. For instance, if a motorcyclist is to blame for the accident, their health insurance should cover any medical bills. However, once again, they still have to contend with high deductibles and out-of-pocket expenses depending on their operating plan.

However, if another party is at fault, the blame is on the other party’s insurance service to pay medical bills. Motorcycle riders can also have different insurance products, like medical payments coverage, under their motorcycle insurance policy, which will cover the expense no matter who was at fault for the accident.

How Common Are Motorcycle Injuries?

Statistically, being a rider is much more dangerous than being a passenger in a car because, in case of a crash, the motorcyclist is more likely to get injured. Statistics provided by the National Highway Traffic Safety Administration show that riders of motorcycles have 28 times the risk of death in a motor vehicle traffic crash than occupants of passenger cars and four times the risk of sustaining injury.

This high incidence rate is due to several reasons, namely, the vulnerability of motorcycles as vehicles, the lack of protective structures in the motorcycles that would protect a motorist in case of an accident, and lastly, the fact that any minor accident that involves a motorbike is likely to end with a motorcyclist losing their life.

Long-Term Impact of Motorcycle Injuries

Just think that a single motorcycle accident can leave a person with such injuries that they will have to deal with them for the rest of their life. Head injuries, spinal cord injuries, and amputation lead to long-lasting disabilities that limit the capabilities of a person to get employment or even perform simple tasks in life. Stressful and demanding as it is, even mild or moderate injuries may take many months to recover and come with huge costs.

The second part of the question cannot be ignored as an emotional and psychological burden. Some of the psychological impacts of accidents include post-traumatic stress disorder (PTSD), depression, and anxiety. The assistance from experienced mental health care providers proves quite valuable in such circumstances.

Conclusion

Different motorcycle accidents may result in numerous and severe physical injuries that may have an impact on the lives of the victims for quite some time. A few things need to be done to minimize the economic damage incurred due to such an accident: Adequate insurance is vital to reduce the financial burden. It is recommended that riders understand the risks and, therefore, avoid all the dangers by observing the laws and regulations that govern the usage of the road by the riders, such as the use of helmets and other safety gear and strict adherence to traffic laws.

Although riding a motorcycle is fun, the lack of safety features it provides for the rider makes it far more dangerous than a car. Compared to cars, those involved in motorcycle accidents have a far higher chance in suffering serious and possible fatal injuries. In the very unfortunate case of a fatal accident, the victim’s family members will have the ability to file a wrongful death lawsuit against the negligent driver.

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is filed when a victim is is killed as a result of an illness or injury after an accident caused by a negligent driver. The claim is developed very similar to a personal injury claim. The plaintiff’s legal team must prove that the defendant failed to act with reasonable care and caused the death in question. This will very certainly require identifying and proving the negligent driver in action involving a deadly motorcycle accident. The people who can file a wrongful death lawsuit include:

• The spouse
• Children
• Domestic Partner
• Parents or Legal Guardians
• Siblings

What Expenses May Follow After a Wrongful Death?

There are two types of damages in a wrongful death case. The first type is to compensate the deceased’s estate for losses caused as a result of the death. The second is to compensate the deceased’s surviving loved ones for personal losses suffered because of the death. These damages may include:

• Burial Costs
• Funeral Costs
• Loss of financial earnings
• Compensation for loss of companionship or consortium
• Medical expenses

What Should You Do If You Have Lost a Loved One In a Motorcycle Accident?

Do you believe that your friend or family member has passed away due to a wrongful death as a result of a motorcycle accident? Please feel free to get in touch with our attorneys at KAASS Law to discuss your situation with us and help you get the compensation you deserve for your loss.

As the least protected drivers on the road, motorcyclists often are the most severely injured in an accident. Due to the nature of motorcycle accidents, even a minor crash can cause severe injuries. Spinal cord injuries are one of the most common types of injuries resulting in a motorcycle accident.

What is The Severity of a Spinal Injury?

The severity of a spinal cord injury depends on which part of the spine was affected. Serious spinal cord injuries can result in the victim being paralyzed from the waist down. If the injury has damaged the spinal cord below the thoracic spine, this may cause paralysis below the site of the injury. Damage to the cervical vertebrae of your spine, however, can cause paralysis from the neck down.

The spinal cord is very fragile, making it very important to protect. This is why most states mandate the use of a helmet and other protective gear when riding your motorcycle. Such laws are put in place for your protection, because the spinal cord is something that can not heal after being significantly damaged. Partial or fully paralyzed victims of motorcycle accidents will require significant future care. Some victims of minor spinal cord injuries may never recover.

What are Some Symptoms of a Spinal Injury?

If you are lucky enough to not be paralyzed after a spinal injury, you nay experience other symptoms including:

• Muscle weakness/spasms
• Pressure ulcers
• Chronic pain
• Issues with breathing/circulation
• Feelings of spreading numbness
• Headaches and Migraines

What Are Some Recoverable Damages After a Spinal Cord Injury Resulting From a Motorcycle Accident?

If you or someone you know has suffered an injury or paralysis after a motorcycle accident, you should contact an experienced motorcycle attorney as soon as possible. An attorney will make sure you are properly compensated for all of your damages that result from the accident. Potential damages that an attorney will help you recover include:

• Medical bills
• Future medical expenses
• Lost earning capacity
• Lost future earning capacity
• Wages that were lost
• Post-traumatic stress disorder
• Pain and suffering
• Disfigurement
• Mental anguish
• Loss of affection or companionship
• Special damages

If you are an uninsured Rider in California and are hit by an insured driver, you would be deemed as an uninsured motorist under Prop 213. Prop 213 gives an uninsured motorist rights to be compensated by the at fault party for medical expenses, property damages, lost wages and rehabilitation costs. However, Prop 213 cases are not entitled to non-economic damages like pain and suffering or mental distress. Although like most cases, exceptions can be made regarding compensation under prop 213.

What Damages Can You Recover Under Prop 213?

There are certain exceptions to Prop 213. One of these exceptions is that Prop 213 does not limit your ability to recover medical costs, lost wages, damaged property, or compensation for future medical charges. As an uninsured motorist, Proposition 213 creates many difficulties, concerns, and obstacles to your accident claim. Regardless of your status within the insurance company, adjusters trained to limit the damages you can recover. Even though you are entitled to compensation, insurance companies can hold your lack of coverage against you in your claim. Thus, if you fall under Prop 213 uninsured motorists, your difficulties increase tremendously.

When Does Prop 213 Not Apply?

• Prop 213 does not apply to passengers to uninsured vehicles
• Punitive Damages
• A Borrowed Uninsured Vehicle
• When The Defendant Is Convicted of a DUI
• Employer Owned Vehicles
• Wrongful Death
• Accidents on Private Property

KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. There are exceptions to the Prop 213, and with a knowledgeable and established personal injury attorney, you can receive the compensation you deserve. If you or a loved one have been involved in a Prop 213 Motorcycle accident, contact us as soon as possible to receive the proper compensation in which you are entitled to.

When trucks collide with smaller vehicles, the results may be very severe and possibly fatal. In fact, truck accidents remain one of the deadliest types of vehicle collisions due to the size and weight of the trucks. The danger of these accidents is both in the initial impact but also in the potential injuries and property damage that often result from these crashes. In the most severe of collisions, truck accidents often result in significant physical injuries. Due to their small size in comparison to trucks, motorcyclists have a far more devastating outcome.

What Are Some Causes for Semi-Truck Accidents?

There are many causes for rear-end accidents involving semi-trucks. Some common causes as to why a semi-truck driver may rear-end another vehicle include:

• Size and weight of the semi-truck
• Unmaintained brakes
• Transporting an overweight load
• Inattentive driver
• Poor visibility
• Traffic conditions
• Poor weather conditions
• Driving under the influence (DUI)

How Can I Be Compensated After a Semi-Truck Accident?

Injuries from any accident can be severe. Left turn motorcycle accidents are not an exception. Some of the most common injuries suffered by victims of left turn motorcycle crashes include:A victim involved in an accident with a semi-truck can file a lawsuit against the at-fault driver and the commercial truck company. However, the truck itself and trailer may have different owners. As such, it is important to ask the driver of the truck who owns the property before filing a claim.

What Can I Be Compensated For After a Semi-Truck Accident?

As experienced litigators, we have successfully litigated various personal injury cases including complex personal injury matters. Above all, our attorneys here at KAASS LAW possess the skills to successfully receive fair settlements during the claims stage of a personal injury case. Don’t accept low-ball offers from insurance companies. An injured truck accident victim may seek compensation for damages which includes:

• Past and future medical bills
• Emotional distress
• Pain and suffering
• Loss of income
• Lost earning capacity
• Loss of employment opportunities
• Loss of consortium

Left turn motorcycle accidents are one of the most common types of accidents which occur on busy roads. Due to the small size of motorcycles, drivers of passenger cars or trucks often either do not notice the motorcyclist and misjudge the distance between them when turning left. This however, is no excuse for causing an accident. All drivers and riders who share the road should do their part in keeping themselves and others safe. Rushing a left turn or turning without yielding to oncoming traffic is very dangerous.

Who Is At Fault In a Left Turn Motorcycle Accident?

Left turn motorcycle accidents occur when a driver who is turning left fails to yield to the motorcycles going straight and crashes into them. In the majority of left turn accidents, the left turning driver is always deemed at fault for the accident. This is because they have to yield the right of way to oncoming traffic going straight. However, there may be a few exceptions for the left turning driver. These exceptions are only if:

• If the motorist was speeding through a red light when the driver in the intersection was waiting to make a left
• The motorist was driving in the wrong lane, e.g. in a left-only turn lane but driving straight
• The motorist was speeding, so the left-turning driver did not have time to react

What Types of Injuries Can You Suffer From a Left Turn Accident?

Injuries from any accident can be severe. Left turn motorcycle accidents are not an exception. Some of the most common injuries suffered by victims of left turn motorcycle crashes include:

• Spinal cord injuries
• Broken/fractured bones
• Concussion
• Head injuries
• Internal injuries
• Road rash

What To Do If You Are Involved In a Left Turn Motorcycle Accident

If you or a loved one is involved in a left turn motorcycle accident, seek medical attention and get treated for your injuries immediately and contact an attorney as soon as you can. An experienced attorney can help you recover your damages from the accident. An attorney will help you establish the facts of your case and will make sure your damages are properly compensated for.

Product liability lawsuits frequently arise as a result of motorcycle accidents, and a common product at issue is the rider’s motorcycle helmet. In California, manufacturers, distributers, and retailers of motorcycle gear can be held liable for injuries and damages that occur as a result of defective protective gear

What Are The Types of Product Liability Cases?

In California, defective products are held to a “strict liability” standard. This means that the plaintiff is not required to prove that the other party was negligent in order to recover damages. So if a motorcycle helmet was defective, strict liability applies. However, the plaintiff must still prove the following:

• The helmet was designed, manufactured, and distributed by the defendant
• The helmet was unreasonably dangerous due to a design or manufacturing defect, or incorrect safety warnings (for example, a DOT-approval sticker on a helmet that is not DOT-approved)
• You were using the helmet as instructed and intended by the manufacturer
• You suffered injuries as a result of using the helmet

What Should You Do After a Product Liability Accident?

At KAASS Law, we understand that having to deal with a defective product can be a nightmare for consumers. Especially if a defected product is causing or has caused damage. Businesses should not be able to get away with causing damages to consumers due to a product defect. Our product liability lawyers at KAASS Law can help you with many different type of product defects including the following:

• Marketing Defects
• Design Defects
• Manufacturing Defects

The majority of motorcycle accidents, at least those that result in lawsuit, involve two drivers. A crash occurs as a result of someone’s negligence, and the person who is not at blame will seek recompense for their injuries. It isn’t an easy task by any means, but it is possible. Motorcycle accidents and compensation, on the other hand, become more problematic when the accident was caused by a road defect, rather than by another motorist

What Are Road Defect Accidents?

Every rider has experienced some very bad roads. By riding down these roads, you are taking a significant risk every time you ride that bike down a terrible road. When an automobile passes over anything like loose gravel or a pothole, it has little effect. On the other hand, a rider who hits a pothole or loose gravel in the wrong direction, is likely to have a serious accident.

Some defects include:

• Rough Seams: There is usually a seam in the middle of roads which are created one side at a time. However, the seam should be minor after the road is complete. Unfortunately, this is not always the case. It could be deadly if you hit this uneven seam while doing something like passing another vehicle.
• Gravel: Riders will always find gravel roads problematic. Even loose gravel on paved roadways might cause problems. In essence, they can cause a motorcycle’s front wheels to slip out.
• Railroad Crossings: Railroad crossings must be visibly marked not only to keep an eye out for trains, but also so that drivers may take proper precautions when crossing them. They are harsh on cars, but even harsher on motorcycles.
• Design Flaws: We’ve all been on roads that were a little bumpy. Perhaps there was a blind corner or a particularly tight curve that didn’t have a guard rail. These are dangerous, and the government should deal with them before someone is hurt.

How Can I Be Compensated For a Road Defect Accident?

The biggest problem in seeking compensation for a motorcycle accident caused by a road defect is that there is usually more than one person to blame. Rather than pursuing another driver as in other accident instances, you need to file a claim with the state or city that is responsible for maintaining that road.

However, city or state will everything in its power to avoid paying you for an accident that they caused by failing to maintain a safe road. They will often attempt to convince you that it was your fault that the accident happened. This is why, if you need to make a claim against the government, which is far more involved than a simple personal injury cases. The government entity will hire their finest lawyers to save money and reputation, so you’ll need an experienced lawyer to evaluate your case and ensure that you are properly compensated for your loss.

What Damages Can I Be Compensated For in a Road Defect Accident?

Following a road defect motorcycle accident, you are eligible to be compensated for:

• Emotional distress
• Lost wages
• Medical bills
• Property loss
• Pain and suffering
• Loss of consortium
• Loss of earning capacity

Safety before riding is very crucial to a person’s health. However, motorcycle accidents can still happen. Due to the lack of a metal frame, they frequently result in more serious injuries than those sustained in car accidents. When riding a bike, there are many different types of injuries that can occur. One of the most dangerous possibilities is known as a traumatic brain injury (TBI).

What Is a Traumatic Brain Injury?

A traumatic brain injury is caused when brain tissue within the skull is damaged. The results of a traumatic brain injury may be minor or fatal. The brain does not have the ability to regenerate like other parts of the body, making the effects of a traumatic brain injury often irreversible. Some effects of a traumatic brain injury may not surface for a long period of time, so it is always important to seek medical attention after an accident. Some ways that traumatic brain injuries may occur after a motorcycle accident are:

• A blunt force impact to the skull causing fractures
• A penetration of the skull and brain
• An impact to another car if there is one involved
• When riders are throw off their motorcycle and hit their head on the ground or a nearby object

What Are Some Types of Traumatic Brain Injuries?

A TBI is the leading cause of death in many motorcycle accidents. They are also one of the most common causes of morbidity and mortality in the US. The types of brain injuries which you can suffer after a motorcycle accident include:

• Concussions
• Cerebral Contusions
• Coup-Countercoup Injuries
• Epidural Hematomas<
• Subdural Hematomas

There can be many different symptoms of TBI following an accident. The most common are:

• Serious Headaches
• Dents in the skull
• Bruised EyesFluid leaking from ears
• Bloody eardrumsLoss of consciousness
• Increased irritability
• A rising heart rate
• Falling blood pressure
• Memory loss
• Blindness or loss of vision
• Hearing loss
• Difficulty focusing
• How Can I Be Compensated If I am Involved In Accident Resulting In a Traumatic Brain Injury?

Without seeking medical attention, these symptoms may become fatal. It is critical to have an idea of traumatic brain injuries following an accident to take necessary preclusions. If you or any loved ones have been involved in a severe motorcycle accident resulting in any possible symptoms of a traumatic brain injury, please do not hesitate to contact our skilled attorneys to be awarded the necessary compensation in which you are entitled to. KAASS LAW understands the mastery it takes to successfully receive fair settlements during the claims stage of a personal injury or accident case. Don’t accept low-ball offers from insurance companies. Preserve your claim and receive fair compensation for the injuries suffered and other damages including:

• Past and future medical bills
• Emotional distress
• Pain and suffering
• Lost income
• Lost earning capacity
• Lost employment opportunities
• Loss of consortium