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Motorcycle Accident Law Los Angeles

Auto injury cases are best handled by lawyers with specialized expertise in auto accidents. Unlike other law firms that handle all kinds of personal injury claims (dog bite, slip and fall, etc. and auto accidents) we only handle auto accident cases. By concentrating in one area, we have developed a high level of expertise and capability in motorcycle accident law. Fair Cases Law Group is your motorcycle accident attorney in Los Angeles.

Leading Reasons For Motorcycle Accidents:

  • Vehicles merging into a motorcyclist lane
  • Tailgating a motorcyclist
  • Temporary metal plates on the ground
  • Loose gravel on the roadway
  • Potholes or cracked cement
  • Parts malfunction

Who Can I Sue After A Motorcycle Accident?

  • a driver,
  • another motorcyclist
  • the motorcycle company
  • a pedestrian, or even
  • the city

How Do I Know if the Driver is Responsible for My Motorcycle Accident?

After an accident with another driver, you may not know the cause of the accident or who was responsible. Under California’s negligence laws, a negligent party is liable for any injuries caused to another. In a car-motorcycle accident, a negligent driver could be liable to the injured motorcycle rider for any injuries.

To recover damages after an accident, the accident victim or surviving family members generally need to show the party at fault was negligent. The elements for negligence include showing:

  1. That the driver owed the motorcyclist a duty of care;
  2. The driver breached that duty of care through negligence; and
  3. That the driver’s negligence was a substantial factor in causing the motorcyclists injuries or death.

Drivers do not need to know the motorcyclist to owe them a duty of care. In general, anyone who operates a vehicle on California roads owes a duty of care to other drivers, pedestrians, cyclists, and motorcyclists. If a driver was not acting like a reasonable person would under similar circumstances and caused an accident, the driver may be liable for any injuries.

Negligence Per Se

In some cases, an injured motorcyclist may not even have to show that the other driver acted negligently. If the other driver was violating a traffic law intended to prevent such accidents, the driver may be considered “negligent per se.” Under California law, negligence per se may be presumed based on the violation of a law, statute, or an ordinance, such as a traffic violation.

In motorcycle accidents, negligence per se can be demonstrated by violating traffic laws, including:

  • Speeding
  • Following too closely
  • Failure to yield
  • Running a stop sign
  • Distracted driving
  • Texting while driving
  • Reckless driving
  • Not keeping the vehicle in proper repair
  • Driving under the influence of alcohol or drugs (DUI)

Lane Splitting Motorcycle Accident Attorney in Los Angeles

Lane splitting, also known as lane sharing or white-lining, refers to the practice of a motorcycle passing other vehicles by driving in their lane or between lanes on the white line. Unlike most of the country, lane splitting is legal in California. Where accidents occur involving lane splitting, the question of negligence may be complex.

For questions about a lane splitting accident lawsuits in California or to discuss your case confidentially with one of our skilled California auto accident attorneys, do not hesitate to contact Fair Cases today.

What if the Other Driver Says I Was Responsible for the Accident?

After an accident, the other driver may get angry at the motorcyclist, even if the driver caused the accident. The driver may try to get the motorcyclist to admit they did something wrong. In some cases, the driver gets angry at the motorcyclist because the driver did not check their mirrors or blind spots for other vehicles.

If the other driver blames you for the accident, do not admit fault. You can tell the other driver they can talk to your lawyer about the case but you do not have to determine who was at fault on the side of the road. Liability is a legal question that should be decided in court.

Even if you share some of the blame for the accident, the other driver may be partially liable for your injuries. Under California’s “comparative fault” law, if more than one party shares in the fault for the accident, the jury can apportion fault and damages. This means that the injured party’s damages could be reduced to reflect the shared level of fault.

Example: If one driver is 60% to blame for the other driver’s injuries and the injured driver is responsible for 40% of the accident, the injured driver may be able to recover 60% of their damages from the other driver.

Who is to Blame if Poor Road Conditions Caused My Accident?

The property owner may have a duty to repair any known road conditions that could lead to motorcycle crashes. If the property owner does not keep the road in proper condition, they may be liable for any injuries or damages caused. Under California’s premises liability laws, people are required to keep property they own or occupy in a reasonably safe condition. This includes a duty exercise reasonable care to:

  • Maintain the property;
  • Inspect the property
  • Repair any potentially dangerous conditions; and/or
  • Give proper warning of any dangerous conditions.

If the city owns the property, such as a public roadway or parking lot, the city or government agency may be responsible for any dangerous conditions. When filing a personal injury claim against the city, county, or state government agency, the injured rider may need to prove the following elements:

  1. The city/county/state owned or controlled the property;
  2. The property was in a dangerous condition at the time of the accident;
  3. The dangerous condition created a reasonably foreseeable risk of the kind of injury that occurred;
  4. The city/county/state had notice of the dangerous condition for a long enough time to have protected against it;
  5. The plaintiff was harmed; and
  6. The dangerous condition was a substantial factor in causing the plaintiff’s harm.

How Long Do I Have to Sue the Government for an Unsafe Road Condition?

Seeking compensation from government entities differ from taking action against a private company. Government agencies are subject to different time frames and procedures. For example, the California Tort Claims Act sets out strict and short deadlines to file claims against a governmental entity. Under these rules, a plaintiff has 6 months (180 days) from the date of the accident to file a notice of grievance with the proper state agency. Failure to file a claim in time will bar an individual from recovery.

If you have suffered serious injuries or lost a loved one in an accident involving a city/county/state owned or controlled property, do not delay in contacting Fair Cases as soon as possible to ensure you comply with these deadlines and do not lose your rights to recover compensation.

Fair Cases Expertise

Our legal team has successfully helped victims and their families recover from Rear-End Collisions, Head-on Collisions, T-Bone Collisions, Motorcycle Accidents, Semi-Truck and 18-Wheeler Accidents, Uber/Lyft Accidents, Public Transportation Accidents, and Pedestrian Accidents. We know that being injured in an auto accident is an overwhelming experience, so we offer you compassion, knowledge and help to get you get back on your feet. Our dedicated attorneys will make sure you get the medical care you need and fight to obtain just compensation for lost wages, past and future medical expenses, property damage, pain and suffering and other expenses and losses.

Fair Cases is Key to Your Car Accident Claim

At Fair Cases, our car accident lawyers are here to help victims and their families recover fair compensation after a car accident. Because these injuries are often catastrophic and life changing, victims and their families need to be represented by a skilled car accident lawyer who will fight to get them the full compensation they deserve. If we do not win, Fair Cases Guarantees that you owe us nothing. Contact Fair Cases today for a free consultation.

Did You Know?

Time is Critical: Personal injury laws in California give Car Accident victims just a Limited Amount of Time to negotiate a fair insurance settlement!

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Fair Cases is simple, easy and transparent. They got me a great settlement quicker than I expected and they’re also fair on their fees, which makes hiring a no brainer!

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Fair Cases definitely has experienced experts that know how to get big settlements. They fought for me every step of the way and I will be referring them to all of my family and friends. 

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Great firm! Helped out with a great settlement. From the start the firm dealt with the insurance companies so I could live my life. In the end, everything was taken care of.

Anna H.

Fair Cases is simple, easy and transparent. They got me a great settlement quicker than I expected and they’re also fair on their fees, which makes hiring a no brainer!

Sara P.

Fair Cases definitely has experienced experts that know how to get big settlements. They fought for me every step of the way and I will be referring them to all of my family and friends. 

– Noah A.

Great firm! Helped out with a great settlement. From the start the firm dealt with the insurance companies so I could live my life. In the end, everything was taken care of.

Anna H.

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