Motorcycle Accident Injury Claim In California

The following article will cover:

• The types of severe injuries that motorcycle riders commonly sustain in accidents.
• The possibility of filing a motorcycle injury claim in California even if there was no direct contact with the at-fault driver.
• The requirement to wear a helmet when riding a motorcycle in California, the potential impact on a case if the rider or passenger wasn't wearing a helmet, and the concept of comparative negligence that could result in reduced recovery.

What Types Of Injuries Do Motorcycle Riders Generally Sustain From Accidents?

Motorcycle riders often suffer from a range of severe injuries following an accident. These include traumatic brain injuries, paralysis, severe burns, broken bones, internal injuries, and post-traumatic stress disorder.

A Driver Ran Me And My Motorcycle Off The Road In California And I Was Severely Injured. Even If There Was No Contact, Can I Still File A Motorcycle Injury Claim?

Yes, you can still file a claim even if there was no direct contact, such as in cases of unsafe lane changes or failures to yield the right of way. However, these "phantom driver" cases can be challenging, especially if the driver leaves the scene.

It's crucial to report the accident immediately, seek medical attention, gather evidence, and talk to witnesses. You should also seek legal help due to the complexity of these claims. Having uninsured or underinsured motorist (UM/UIM) coverage is particularly important for motorcyclists.

As A Driver And Passenger Of A Motorcycle, Am I Required To Wear A Helmet Or Safety Gear In California? Will It Hurt My Case If I Don’t?

In California, the law requires that you wear a helmet when riding a motorcycle. If you weren't wearing a helmet at the time of the accident, this could be considered comparative negligence, which means your recovery could be reduced proportionally.

What Are The Common Defenses Used By Insurance Companies That Are Unique To Motorcyclists To Deny Or Limit Settlement?

Some common defenses used by insurance companies include asserting that the motorcyclist was acting recklessly or unsafely, invoking the sudden emergency doctrine, using the last clear chance doctrine, or arguing that the motorcyclist wasn't wearing the proper helmet. There can also be a general bias against motorcyclists, which can influence juries and individuals alike.

What Should I Look For When Hiring A Californian Motorcycle Accident Attorney Representative?

When hiring a motorcycle accident attorney, you should seek someone local or familiar with California law who's ready to advocate fiercely for your rights. It's crucial that they don't harbor prejudices against motorcyclists, a common issue that can influence the outcome of a case. For more information on Filing A Motorcycle Accident Injury Claim In CA, an initial consultation is your next best step.