On average, motorcyclists are 27 times more likely to die in a crash than occupants of passenger vehicles. This stark statistic underscores the vulnerability of motorcyclists on the road, where a single moment of distraction or a poorly maintained roadway can have devastating consequences.
In this guide, we will examine the various factors contributing to these accidents and provide insight into what steps to take afterward.
If you or a loved one has suffered a motorcycle accident, don’t wait to seek the legal support you need. Contact a motorcycle accident lawyer from Wilshire Law Firm today at (213) 335-2402 to discuss your case and explore your options for pursuing the compensation you deserve.
Common Causes of Motorcycle Accidents
Driver Inattention and Distracted Driving
Motorcycles are less visible on the road, making them particularly vulnerable to accidents caused by driver inattention and distractions. According to the National Highway Traffic Safety Administration (NHTSA), it is now one of the leading causes of vehicular accidents.
Activities like texting, adjusting the radio, or even conversing with passengers are the most frequent causes of distracted driving.
California Vehicle Code Section 23123.5 explicitly prohibits drivers from using handheld devices while driving. However, enforcement remains a challenge, and the prevalence of distracted driving continues to put motorcyclists at risk.
Unsafe Lane Changes
Lane changes are a routine part of driving, but for motorcyclists, they can be a matter of life and death. When drivers fail to check their blind spots or signal their intention to switch lanes, they put motorcyclists at considerable risk. This is particularly concerning given that motorcycles are harder to see than other vehicles, especially when they’re in a car’s blind spot.
Under California Vehicle Code Section 21658, drivers must ensure a lane is clear before moving into it. Despite this, accidents involving unsafe lane changes are alarmingly common. For motorcyclists, these accidents often result in being sideswiped or run off the road, leading to severe injuries or fatalities.
Moreover, many drivers exacerbate the issue of unsafe lane changes by underestimating the speed at which motorcycles travel. This misjudgment can lead to drivers cutting off motorcyclists or merging into lanes without realizing that a motorcycle already occupies that space.
Left-Turn Collisions
Left-turn collisions are among the most dangerous types of motorcycle accidents. These accidents typically occur at intersections, where a vehicle turning left crosses the path of an oncoming motorcycle.
Despite California law requiring drivers to yield the right-of-way to oncoming traffic (California Vehicle Code Section 21801), many drivers fail to do so when a motorcycle is involved.
This failure is often due to a combination of factors, including misjudging the motorcycle’s speed and a phenomenon known as “inattentional blindness,” where the driver looks but does not actually see the motorcycle.
Road Design and Maintenance
Unlike cars, motorcycles are far more sensitive to road conditions, and what might be a minor inconvenience for a car can be a major hazard for a motorcyclist.
Potholes, uneven pavement, poorly marked lanes, and inadequate signage are all examples of road conditions that can cause a motorcyclist to lose control.
California’s Streets and Highways Code Section 2101 requires that roads be properly maintained, but in reality, many roads remain in poor condition due to budget constraints and delays in infrastructure projects.
For motorcyclists, these road defects can be deadly. A small pothole or a patch of gravel can cause a rider to skid, lose control, and potentially crash.
Moreover, the design of certain roads can pose inherent risks to motorcyclists. Sharp turns without adequate warning signs, poorly lit areas, and intersections without clear right-of-way signals are just a few examples.
In such cases, the responsibility may fall on government entities to ensure that roads are designed and maintained with all vehicles in mind, including motorcycles. That said, these cases often involve intricate legal arguments and require a thorough understanding of governmental immunity laws.
Construction Zones
Construction zones are inherently dangerous for all vehicles, but they pose particular risks for motorcyclists. These areas often teem with hazards such as loose gravel, uneven pavement, and unexpected lane shifts.
California law requires that construction zones be clearly marked and that efforts are made to minimize the impact on all road users, including motorcyclists. However, the reality is that these areas are frequently chaotic, with narrow lanes, abrupt changes in road conditions, and numerous obstacles.
Accidents in construction zones often raise complex questions of liability. Depending on the circumstances, responsibility may lie with the construction company, the government entity overseeing the project, or even other drivers in the area.
Legal claims involving construction zone accidents can be challenging, as they may involve multiple parties and a detailed investigation into the cause of the accident.
Commercial Trucks and Larger Vehicles
Motorcycles share the road with a variety of vehicles, but among the most dangerous are commercial trucks and other large vehicles. The sheer size and weight of these vehicles make any collision with a motorcycle particularly devastating.
Trucks, buses, and even large SUVs have much larger blind spots than standard passenger cars, making it easier for motorcyclists to go unnoticed. This is especially concerning given that motorcycles are already more difficult to see due to their smaller size.
Federal regulations, like those enforced by the Federal Motor Carrier Safety Administration (FMCSA), mandate that commercial drivers undergo rigorous training to understand their vehicles’ limitations, including their blind spots.
These blind spots, often called no-zones, exist on all four sides of a truck, with the most dangerous areas being directly behind and beside the truck.
Another significant risk comes from the physical dynamics of large vehicles. Trucks require much longer distances to stop compared to motorcycles, and their high centers of gravity make them prone to tipping over during sharp turns or sudden maneuvers. In such scenarios, a motorcycle caught in the path of a tipping truck has little chance of avoiding a collision.
Moreover, the nature of cargo trucks poses additional dangers. For instance, if a truck carries hazardous materials or loose cargo, an accident could lead to spillage, creating a secondary hazard for motorcyclists. Even something as simple as a tire blowout can send debris flying into the path of a motorcycle, potentially causing a serious accident.
Due to the severity of these types of accidents, there are often complex legal ramifications. Trucking companies may be liable if their driver was negligent or did not properly maintain the truck. These cases typically involve detailed investigations to determine fault, including reviewing the truck’s maintenance records, the driver’s logbooks, and any available video footage.
Autonomous Vehicles
The advent of autonomous vehicles (AVs) introduces new challenges into the safety landscape for motorcyclists. While autonomous driving technology promises to reduce human error—a leading cause of accidents—it also brings about unique challenges, particularly in detecting and responding to motorcycles on the road.
Autonomous vehicles rely on a combination of sensors, cameras, and artificial intelligence to navigate and make decisions. However, motorcycles present a distinct challenge due to their size, speed variability, and often unpredictable movements.
Current AV systems are still developing the ability to accurately predict motorcycle behavior, which can be more erratic compared to other vehicles. For example, lane splitting, a legal maneuver in California where motorcyclists ride between lanes of slow-moving traffic, can confuse AV systems that are not yet fully equipped to anticipate such actions.
Moreover, the technology used in AVs is designed primarily with larger vehicles in mind, meaning that the vehicle’s sensors may not always correctly identify motorcycles. This issue raises significant safety concerns, particularly when a quick reaction is necessary to avoid a collision.
California has been at the forefront of AV testing and regulation, with the Department of Motor Vehicles (DMV) overseeing the deployment and operation of these vehicles under strict guidelines. However, these regulations are still evolving as the technology advances and new challenges emerge.
One of the key concerns is ensuring that AVs are programmed to recognize motorcycles as distinct entities on the road, requiring specialized algorithms that account for their unique dynamics.
Determining liability in an accident involving an AV and a motorcycle is complicated because the technology is so new.
Questions may arise about whether the AV’s technology was at fault, whether the motorcycle’s actions were unpredictable, or whether a combination of factors contributed to the incident.
Legal Recourse for Motorcycle Accident Victims
Types of Compensation Available for Victims
- Medical Expenses: This includes all costs related to emergency care, hospital stays, surgeries, medications, physical therapy, and any other necessary short or long-term medical treatments.
- Lost Wages: If your injuries prevent you from working, either temporarily or permanently, you may be entitled to recover lost income. This includes not only wages you already missed but also potential future earnings if the accident has affected your ability to work.
- Pain and Suffering: This category compensates for the physical pain and emotional distress caused by the accident. Calculating pain and suffering damages can be complex, as it involves assessing the impact of the injuries on your overall quality of life.
- Property Damage: This covers the cost of repairing or replacing your motorcycle and any other personal property damaged in the accident.
- Loss of Consortium: If the accident has affected your relationship with your spouse or family, you may be eligible for loss of consortium damages, which compensate for the loss of companionship, affection, and support.
- Punitive Damages: The court may award punitive damages for the at-fault party’s particularly reckless or egregious behavior. These punish the wrongdoer and deter similar conduct, rather than compensate the victim directly.
Filing an Insurance Claim
In California’s fault insurance system, the at-fault party’s insurance typically covers the damages. However, motorcyclists often face bias from insurance companies, which may try to shift some or all of the blame onto the rider to minimize payouts.
How to handle the insurance claims process:
- Report the incident to your insurance company as soon as possible.
- Be cautious when providing detailed statements or signing documents—consult an attorney first, and let them handle negotiations with the insurer.
- Document the accident thoroughly with witness statements, police reports, and medical records.
Seeking Legal Help
Motorcycle accidents almost always involve many factors, which is why we highly advise you to find a lawyer. They can identify all liable parties and explore all avenues of compensation, including potential claims against government entities or manufacturers.
Benefits of consulting an attorney:
- Thoroughly investigating the accident to gather evidence others might have missed.
- Building a strong case to support your claim.
- Negotiating with insurance companies for a fair settlement.
- Filing a lawsuit if necessary, to ensure you receive the compensation you deserve.
In California, you generally have two years from the accident date to file a personal injury lawsuit (California Code of Civil Procedure Section 335.1). That said, always consult an attorney as soon as possible to ensure your case meets all relevant deadlines and to allow ample time for case preparation.
Get the Compensation You Deserve
Your situation is serious, and you deserve a firm that will fight tirelessly to protect your rights. At Wilshire Law Firm, we understand motorcycle accident cases like the back of our hand and are committed to securing the justice you deserve.
Don’t let the opportunity to claim your rightful compensation slip away—call a personal injury lawyer from Wilshire Law Firm now at (213) 335-2402 for your free consultation and take the first step toward getting the justice and compensation you deserve.
