Personal Injuries Motorcycle Accident

At Ehline Law; our civil cases lawyer is a
California motorcycle accident lawyer who will assist you in
dealing with the quagmire of legal and medical issues arising out
of a serious motorcycle accident. Based in Los Angeles, (CA) near
Marina del Rey, Playa del Rey and El Segundo, in LA we provide the
very best legal representation available to our injured clients
throughout California. As compassionate counsel, we litigate
insurance claims in all of Los Angeles County, Riverside County,
San Bernardino County and Orange County. We help clients in the
whole of California. Our firm will help you get money damages if
you were seriously injured in a motorcycle crash. Our lawyers work
to help manage the care of victims of
brain injury , when
a motorcycle is involved in an accident, as well as their
victim family members. We also help family members of victims of
motorcycle accident-resulting
wrongful death as well as assisting them in proving police
bias in motorcycle collision reports.

Injury claims arising from motorcycle accidents can be complex
and overwhelming. You may have even suffered an
amputation. You will most certainly need experienced accident
attorneys such as Ehline by your side. Sometimes injured victims,
friends and family members can't emotionally deal with all the
problems related to a motorcycle crash. Let us use our legal
expertise, so you can concentrate on recovering from your serious
personal injuries.

Tutorial Review - Motorcycle Accident

Riders of motorcycles are in a dangerous, and yet , free and
exciting situation on the freeways, highways and alleyways across
California. On the one hand, motorcyclists enjoy the freedoms that
come with their motor bikes. Many riders are war veterans and have
a live free or die attitude. Unfortunately they are not in a safety
cage, such as a car frame, and are instead left exposed to serious
dangers an automobile driver wouldn't think twice about. There are
no protective barriers to protect a motorcycle as it barrels down
the highway. It goes without saying that almost everyone has barely
missed running over a biker due the difficulties in seeing a
motorcycle since it is so small. This exposes many riders serious
injury and death if they are involved in what would be a mere
fender bender for a car. Motorcycle riders not only need to be
extra cautious, they must also protect their legal rights and
exhaust their administrative remedies when they get wounded in a
freeway or highway traffic accident.

There are often helmet laws and insurance laws that can vary in
every state. If you were involved in a motorcycle v. automobile
collision; you must consult with an Ehline to learn what law
applies to your case in your state.Our local attorneys are vastly
experienced in litigating motorcycle-accident claims.

Tutorial Review - The Risks of the Road for Motorcycle
Riders

The many risks that motorcycle riders experience, results in a
real need to protect their legal rights. Recovery, financially,
emotionally and physically after an accident, is very difficult,
and highlighted by the available motorcycle statistics:

In approximately two-thirds (2/3) of motorcycle injuries
involving a motor vehicle, the driver of the injury causing vehicle
was legally at fault for interfering with the motorcycle rider's
right of way.

Motorcyclists have an approximately twenty-six (26) percent
greater chance of dying in a crash than someone traveling inside of
an enclosed passenger car, and they are at least five (5) times
more likely to suffer an injury.

Some of the unique problems faced by motorcycle riders on the
road include:

Visibility Issues: Motorcycles are many times smaller than cars
and easily hidden or concealed by cars and trucks, as well as
inanimate objects on the roadways in California. They are also very
hard to see in certain road, lighting and weather conditions. This
often comes full circle at busy intersections, where some
statistics show that almost seventy (70) percent of motorcycle v.
automobile related collisions happen.

The Roadway Hazard: Roadway Hazard, like potholes, flying
pebbles, rain and water puddles, rarely effect how a car can
respond. But this debris, which even includes uneven pavement,
railroad tracks and bird poop, can cause serious injuries like
blindness and wrongful death.

Speed Wobbles: If you have ever been on a skateboard, you would
be familiar with speed wobbles. At high speed motorcycles have also
been known to "wobble" and throw the rider off as a result of
shaking and "wobbling." There are many potential causes of speed
wobbles, like the front end tires or forks being out of alignment.
Often, this could be due to a defectively manufactured motorbike,
giving rise to a lawsuit for strict products liability, or
negligence products liability. This theory of recovery can hold the
manufacturer of the motorcycle financially responsible for any
damages, injuries or death.

Experience and Training: Operation of a motorcycle requires
coordination, muscle memory and lots of training to learn reaction
times and how to avoid hazards. Typically, a rider needs more skill
coordination than an operator of an automobile. It is not unusual
for a novice rider to be killed or wounded from his or her lack of
training and lack of basic riding skills.

How to Determine Who is Legal Liable in a Motorcycle
Accident

Motorcycle accidents, like most traffic related collisions, most
often occur due to ones "negligence." The law says that the person
who was most negligent, or careless, is most responsible. This
means the person most at fault, will pay most of the cost of the
accident, minus the other persons degree of fault, less an offset
for the injured persons degree of fault, if any, as follows:

If an injury victim partially at fault by the rider's failure
to obey traffic regulations promulgated by the DMV, his or her
damages compensation could be reduced by his or her degree of fault
under California's "pure comparative negligence" laws.

If a negligent tortfeasor creates a motorcycle accident while
he or she was working in the course and scope of employment, like a
pizza delivery guy, or auto repair shop, you may be able to sue the
employer under a negligent hiring, or negligent supervision theory
of tort law.

The Joint Tortfeasor Issue - Summer v. Tice Fact Pattern

When more than one tortfeasor causes of creates an injury,
California law has a legal theory of joint and several liability
that holds all of the careless parties at fault and they can argue
amongst themselves who is most at fault after they pay you!

This theory of law allows injury victim to sue just one
tortfeasor for the full amount. This allows the victim to settle
his or her motorcycle accident claim with just one insurance
company for the full amount. Obviously, you would want to sue them
all, so they can contribute to a global settlement pot.

Partial Fault of the Victim Could Reduce Your Claims
Recovery

Believe it of not, as discussed above, even if you were careless
and were partially at fault for a motorcycle accident, in most
states, including (CA), you are legally allowed to get a partial
recovery from the one who was most careless or reckless. The
percentage of fault for the accident is reduced or increased, along
with the dollar amount under California's "pure comparative
negligence" laws.

CA Pure comparative negligence principles could potentially
allow you to seek recovery for your serious injuries based on the
other person's fault, no matter how much you were at fault.

Determining comparative negligence is another story. Usually
your attorney will negotiate with an insurance adjuster and/or
defense counsel and bring up the various factors causing the
accident as well as resulting injuries. Your own negligence will be
factored in and will be considered in determining the settlement or
verdict value.

Defective Product - Motorcycle Manufacturing and Design
Defects

Motorcycles don't have crash protection, or driver safety
measures built in. Car, for example, have doors, rollcages,
airbags, electronic stabilization control, anti lock brakes, and
the list goes on and on. Most motorcycles are light, when compared
to an automobile; have no roofs, doors, bumpers, seatbelts, or
airbag protection. A motorcycle only usually has two wheels, making
it much less stable at high speeds than a car. Many factors effect
a motorcycle accident. Rider lack of experience is a major factor.
But defects in design or manufacture are also major factors in
determining the cause of a motorcycle accident. You experienced
legal counsel at Ehline law understand product liability laws, such
a vehicle recall by the manufacturer, and are waiting for your call
to discuss your claims against the motorcycle's manufacturer.

How to Protect Your Motorcycle Accident Injury Claims

When you or a loved one is injured in a motorcycle accident
collision, there are many things you should be doing to protect
your legal rights and damages claims:

1. Never leave the scene of an accident. You must remain at the
accident scene and exchange information, like insurance and drivers
license contact info. Try and tell the CHP, or police who you are
and where you live. Failure to exchange information and leaving the
scene could subject you to a criminal charge of hit and run!

2. Never lock yourself into a story when you are still shaken
up! Inform the cops only about facts of what happened. Do not
accept fault for an accident, no matter what. You are not the
judge, or jury. You may also be very excited and even have a head
injury. You could destroy your claim by doing so. Never tell
anyone, including shifty insurance adjustors about how you feel,
that you aren't hurt, etc. You are not a doctor, or at least, you
cannot be your own doctor and need a second opinion. You must
cooperate with the police. You should not sign anything until you
speak to your lawyer, other than a notice to appear in court.

3. Make every effort to get info from on scene percipient
witnesses. Many witnesses won't wait around the accident scene.
Because not all witnesses to your accident are going to wait for
the police to arrive, try to get their names and phone numbers
before they leave the scene. You must get everyone's: Name,
telephone numbers, current addresses and if possible, their
driver's license numbers. You should also gather their insurance
information, if they were potentially at fault for the accident,
and if they refuse, get their plate numbers, vehicle type and call
the police immediately if they flee the scene.

4. Try and get pictures. Most cell phones have camera phones.
Use it and get pictures of the damage, the actual accident scene
itself and even picture of witnesses, victims and defendants, to
make a record.

5. Go to the Emergency Room. The chances are that you were
seriously injured if you were even in a minor motorcycle accident.
This means you should take an ambulance to the ER right away. Don't
wait, as this could drastically reduce the value of your claim and
give the dishonest insurance companies a chance to blame your
injuries on something else. Usually, the pain will get worse within
the several days after the motorcycle accident. Get to a doctor
immediately. Retain all medical bills and treatment records, like
prescriptions and even the empty prescription bottles for any
medical treatments you underwent.

6. Record out of Pocket Loss. Make a running total in a diary
of accident related expenses you paid out of pocket, like car
rental, lost wages, and cost of vehicle repairs.

7. You should Hire a Lawyer Immediately.

Locate Experienced Los
Angeles Personal Injury Attorneys

When you or a loved one is seriously harmed in a motorcycle
accident while operating a motorcycle, you need to protect your
financial recovery and meet with Ehline, because we are the best
attorneys and have the zeal and compassion to discuss your case in
confidence and in privacy. You will need to learn about motor
vehicle regulation, when to keep your mouth shut, what not to say
to a doctor when discussing medical treatment. This will mandate an
expert attorney who truly knows all areas of motorcycle accident
legal liabilities and recovery. There may also be a statue of
limitations on the horizon. This means you really cannot delay in
seeking and meeting with an experienced motorcycle lawyer for a
free case evaluation. Learn how to preserve your
recovery in a car accident case.

Back to Motorcycle Practice Areas.

General Overview of Personal Injury Law or read the
latest in California
motorcycle accident news stories.