Burbank Motorcycle Accident Lawyer

Burbank Motorcycle Accident Attorney

Injury Ally is a trusted personal injury law firm in Burbank, California, specializing in helping motorcycle accident victims. Our experienced attorneys understand the complexities of California law and are dedicated to ensuring you receive the compensation you deserve. If you were involved in a motorcycle accident, you should understand the important aspects, such as liability, the steps to take after an accident, and the legal process of filing a claim.

Who Is Liable For My Motorcycle Accident?

Determining liability in a motorcycle crash starts by establishing negligence. If a party fails to exercise reasonable care while operating a vehicle and causes a motorcycle accident, they may be considered negligent and liable for any resulting damages. Motorcycle riders must follow traffic laws and practice safe riding techniques. If you prove other drivers are breaking road vehicle laws or participating in distracted driving, you may be entitled to a personal injury claim.

Motorcycle Safety in California

California has several laws in place to ensure motorcycle safety. Compliance with these laws keeps riders safe and helps establish liability in case of an accident.

• Helmet Requirements: California Vehicle Code Section 27803 mandates that all motorcycle riders and passengers wear a helmet while riding. Helmets must meet the standards set by the U.S. Department of Transportation.
• Daytime Running Lights: California law requires motorcycles built after 1978 to have headlights that turn on automatically when the engine is started. 
• Turn Signals: Motorcycles in California must have working turn signals, both front, and rear, to signal the rider's intention to change lanes or turn.
• License and Training: Riders must obtain Class M1 or M2 motorcycle license, depending on the type of motorcycle they intend to ride. Riders must pass a written test and either complete a California Motorcyclist Safety Program (CMSP) course or pass a skills test administered by the California Department of Motor Vehicles (DMV) to obtain a motorcycle license.
• Passenger Requirements: Motorcycles carrying passengers must be equipped with proper footrests and seating for the passenger. Passengers must be able to reach the footrests and sit comfortably behind the rider.

By following these motorcycle safety laws, riders can minimize the risk of motorcycle accidents, and in unfortunate times when there are accidents, they can prevent any potential liability.

What to do after a motorcycle accident in California?

If you're involved in a motorcycle accident in California, it's crucial to follow these steps:

• Check for injuries and call for medical help if needed.
• Contact the police to file an accident report.
• Gather information from all parties involved, including names, contact information, insurance details, and license plate numbers.
• Collect evidence, such as photos or videos of the accident scene, vehicle damage, and visible injuries.
• Obtain contact information from any witnesses.
• Seek medical attention, even if you believe your injuries are minor. A medical evaluation can serve as documentation for your claim.
• Contact an experienced Burbank motorcycle accident lawyer to guide you through the legal process and protect your rights.

What is the statute of limitations for a motorcycle accident in California?

In California, the statute of limitations for personal injury claims resulting from a motorcycle accident is generally two years from the accident. If the claim is against a government entity, you have six months to file a claim with the appropriate agency. Failure to meet these deadlines may result in losing your right to pursue compensation, so you should contact an attorney as soon as possible.

How Fault Is Determined In Motorcycle Accidents

California follows a "pure comparative negligence" rule, meaning that the amount of compensation a victim is entitled to is reduced by their percentage of fault. Establishing fault is a complex legal process involving insurance adjusters, attorneys, legal investigators, and police officers. Injury Ally attorneys are experts and determining negligence and have a full team of investigators and lawyers capable of evaluating accidents of all types.

Common Motorcycle Injuries

Motorcycle accidents can lead to a range of minor and common injuries and serious injuries that will require medical help.

• Head and brain injuries, such as concussions and traumatic brain injuries (TBIs)
• Spinal cord injuries, which may result in paralysis or loss of sensation
• Fractures and broken bones
• Road rash, a skin injury caused by sliding across the pavement
• Internal injuries
• Limb amputation
• Psychological trauma, such as post-traumatic stress disorder (PTSD)

Is Lane Splitting Legal In California?

Lane splitting, or driving a motorcycle between slow-moving or stopped traffic lanes, is legal in California. The California Highway Patrol (CHP) and the University of California Berkeley conducted a study on lane splitting, which found that when done responsibly, it can be a safe practice. Motorcyclists must exercise caution and adhere to safety guidelines to reduce the risk of accidents. 

Types Of Personal Injury Claims

Motorcyclists involved in vehicle accidents may be entitled to various types of compensation, depending on the specific circumstances of their case. Economic damages typically include medical expenses, lost wages, loss of earning capacity, and property damage. Non-economic damages may cover pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium for the victim's spouse or partner. Punitive damages may be awarded to punish the at-fault party to deter similar conduct. The exact amount and types of compensation will vary based on the case, and an experienced motorcycle accident lawyer can help you determine and pursue the appropriate damages for your personal injury claim.

*This page is only intended for providing details regarding when someone should contact an attorney. It does not include all reasons for contacting an attorney, and none of the information herein is a substitute for legal advice or an attorney-client relationship. You must contact an attorney for legal advice or representation.