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Wilshire Law Firm » Practice Areas » Motorcycle Accident Lawyers

Motorcycle Accident Lawyers

Motorcycle Accident Lawyers

If you or someone you know has been injured in a motorcycle accident, what you do next may determine your future for the rest of your life.

First: Call an ambulance, if you haven’t already.

Second: Call the motorcycle accident lawyers of Wilshire Law Firm at 1-800-522-7274.

Our award-winning motorcycle accident lawyers are standing by 24/7, 365 to take your call, and help you work your way through this unfortunate situation, today, and in the months to come.


OVER $250,000,000 RECOVERED FOR OUR CLIENTS

Testimonials

Zina Alexander


professional, quick and responsive

Bobby is an incredible attorney for LA motorcycle riders. Most insurance companies are deadbeats, but Bobby will give you justice. He’s professional, quick and responsive.

Amber Martin


Bobby was reliable, professional, and got the job done.

Bobby was reliable, professional, and got the job done. I hired Wilshire Law Firm to handle a my motorcycle vs car accident case. I’m quite happy with the outcome and would definitely use Bobby again.
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Our Motorcycle Accident Lawyers Can Get You The Highest Compensation

If you own a motorcycle, you know how thrilling it can be to grab your helmet and hit the open road for a Sunday drive or cross-country tour. Motorcycles continue to rise in popularity, and many people use them to commute to work in favor of more traditional vehicles because they are fun to drive, quick and easy to use, and provide a sense of freedom. And let’s not forget about the lifestyle that owning a motorcycle provides. Whether you actually ride your motorcycle or not, just telling people you own it puts you on a different level – it’s still a really cool thing to own. Unfortunately, motorcycle ownership comes the high risk of accident and injury. Thousands of people are injured each year in North America and Europe while riding motorcycles and it can be difficult to determine who is at fault and what damages are applicable following an accident.

At Wilshire Law Firm, we have worked with many motorcycle accident victims and have helped them regain their confidence on the road by getting them the justice they deserve. But it’s not an easy task, and unlike driving a motor vehicle, such as a car or sports utility vehicle, the law doesn’t favor motorcyclists, and in some places, it is difficult to determine fault and responsibility. That’s why it’s important to work with an experienced law firm if you have been in a motorcycle accident.

To help you understand your rights and responsibilities, the risks and unique characteristics of being a motorcycle rider, we have put together a comprehensive guide to outline the challenges you may face and to help you understand the law as it applies to you.

Motorcycles Have Unique Characteristics

Obviously, riding a motorcycle is not the same as riding in a car. For starters, there is nothing protecting you from the environment around you, including the pavement and other drivers. All it takes is a car to hit you, and you could face serious injury or even death. Two-wheel motorcycles are much more likely to overturn than other vehicles, including three- or four-wheeled motor vehicles. They are much smaller than traditional cars and trucks, and even road conditions can play a destructive role in the riding life of a motorcyclist. With so many potholes, cracks, poor road conditions, dirt roads, and more, motorcyclists have to navigate their surroundings instead of just driving through them. There are no seatbelts to hold a rider and their passenger on the bike, and in some areas, helmets are not required or not enforced. All of this creates a unique situation for riders and those they share the road with, regardless of where they are located.

Motorcyclists Face Challenges in Courtrooms

Unfortunately, many motorcycle laws are not enforced, including the helmet law – it’s non-existent in some states and regions. If you have been in a motorcycle accident, you should be prepared to be able to defend your driving, bike, helmet, speed, location, and more. Motorcycles just can’t catch a break when it comes to the law. Because motorcyclists are often reported as “coming out of thin air” by the drivers of vehicles who hit them, it’s hard to say for sure who was where and when. Determining who is at fault is even more difficult.

Despite most motorcyclists using proper safety precautions and obeying the rules of the road, people who drive motorcycles are stereotyped as reckless and dangerous and so it is assumed that those who ride are taking their lives into their own hands – according to some. Whether you agree or not, these stereotypes find their way into a legal battle and can make it hard for those who have been injured – through no fault of their own – to defend their case. It’s not a good idea to try to defend yourself in a court of law. Working with an experienced law firm such as Wilshire Law Firm can ensure you get the best possible chance of success in a court of law.

Special Laws Apply to Those Who Ride Motorcycles

You might not realize it, but there are a number of special laws that apply only to motorcycles. And this makes sense if you think about it because they are not cars. They require a number of special considerations to be able to be on the road and drivers must obey by them at all times. When people aren’t careful or care enough to ensure these considerations are looked after, that’s when people can get into trouble in court. You might not think you need to wear a helmet, but when you are riding down the road at 60 miles an hour without a helmet, it’s hard to argue that you were being safe, regardless of the helmet law.

You Need a Special License
The fact that you need a special license to operate a motorcycle is the first sign that they are not the same as other vehicles on the road. They require a special skill set and driving ability to be able to handle and maneuver the bike. This means that different attention sets are required to drive the bike. Not only do you need a special license to drive, but you also need to usually take part in a training class to learn to use a bike. You might think that owning and driving a car qualifies you for riding a motorcycle, but you should seek out the proper information in your area to ensure you are complying with state and regional laws.

You Need to Wear a Helmet
Regardless of the law in your area, it is highly recommended to wear a helmet at all times. Think about it, just because the police don’t give you a ticket or citation for not wearing a helmet doesn’t mean you are any more safe on the road. Laws are tricky, and many states have just not bothered to update their motor vehicle acts to reflect the increased use of motorcycles in their areas.  This means that although it is not “law” to wear a helmet, you should really consider investing in one – it can literally save your life. And you should know that regardless of the law, you may be asked about helmet use in a court of law. Doesn’t it just seem like common sense to wear something that could save your life?

Other safety equipment is recommended
In addition to any headgear you might wear, there are a number of other pieces of safety equipment that you may be required to wear. And by “required” we mean, it is highly recommended. When you buy your motorcycle and take a training class, you will be versed in all the types of safety equipment available to help make your time on your motorcycle safer. With the increasing number of motorcycle accidents, it seems logical to invest in a decent set of safety equipment to ensure you enjoy your time on the road. Such equipment might include safety lamps, turning signals, reflectors, neck guards, leather clothing and protective gear.

Unique road use leads to issues in court
Because motorcycles run on two wheels, motorcyclists tend to have a different use of the road than traditional vehicles. For instance, it is much easier for a motorcycle to swerve and miss a pothole than it is for a car to do the same. Because bikes are more agile, they also run the risk of falling over or overturning more than cars do. Sudden movements can seriously disrupt the balance of the motorcycle, and it can be hard to recover once the bike has lost control. And there’s always the temptation to “just go around” another car that is driving slowly or in your way. It is assumptions like this that can cause motorcyclists issues in court.

There’s a limit on how much you can get from an accident claim
You might not be aware of this, but a motorcycle accident victim is not usually entitled to the same kind of monetary damages and reward as a victim of a vehicle collision. Yes, it seems unfair, but it is true. However, in some states, the law is the opposite: if a motor vehicle is in an accident with a motorcyclist, the rider of the bike is entitled to a bigger claim. It’s important that you know and understands the laws in your area, so you don’t get caught off guard during a traumatic accident. Regardless of the law, the good news is that in most cases, personal injury laws can take effect and you have the right to sue if you are hit by a motor vehicle while driving your motorcycle.

Accidents are More Common Than You Mike Thinks

While they don’t make the nightly news, many people die in motorcycle accidents every day. They are more common than you might think. In North America, nearly 5000 people die each year due to motorcycle-related accidents, and nearly 90,000 people were seriously injured. In fact, motorcyclists are about 40% more likely to die during a collision than someone who is riding in a traditional car or truck. They are also much more likely to be seriously injured following an accident as well. What’s more, motorcycle accidents happen even when there is no other driver involved: nearly 30% of all motorcycle accidents involve the motorcyclists alone. These accidents are caused by loss of control, potholes and poor road conditions, inclement weather and more. Finally, because many motorcyclists carry passengers, it’s important to note that it is not just the driver’s life on the line during an accident. It is estimated that about 500 motorcycle passengers die each year.

Motorcycle Accident Risk Factors are Unique

There are a number of risk factors that are considered during injury cases in a court of law, and something to keep in mind when you are buying and operating a motorcycle. The statistics surrounding risk factors are shocking. For instance, men are more likely to be in accidents than women. In fact, nearly all deaths due to motorcycle accident are men – about 90 percent! Age is also another risk factor. As with many things, the younger we are, the more likely we are to take risks, and the same is true for motorcycle accidents. Young men in their early 20s are more likely to be in a motorcycle accident than young women. What’s more, alcohol is a common factor in motorcycle deaths with a high percentage of people testing positive for alcohol in their system at the time of death. Not wearing your helmet can increase your risk of death by about 70 percent and the size of the motorcycle has a lot to do with the increased risk of death. The smaller the bike, the more likely one is to become injured during an accident.

You Can Be Held Accountable for a Motorcycle Accident

Here’s the thing: just because you were hit during an accident while riding your motorcycle doesn’t mean you won’t be held liable for the accident. It is often difficult to determine who is at fault during motorcycle accidents. If you have been hit by a vehicle driver, the best approach is to sue the driver’s insurance company. There are other options available to a motorcycle driver as well. For starters, if the road conditions were the reason for the accident, drivers can file a claim against the city or town where the accident happened for poor road maintenance and causing an accident. Interestingly enough, even if you are the only person injured during a road-related accident, you can still file a claim and launch a case. Another thing to consider is there were mechanical errors related to the operation and function of the motorcycle. If so, a driver may have the option to sue the manufacturer, although this is often time-consuming and hard to prove in court. Finally, it is important to consider that you might be the cause of your accident, and in injuring others, as well as yourself, you may be held liable for the accident. In most cases, however, motorcycle drivers are victims of motor vehicle accidents and not the other way around so don’t let the statistics stop you from pursuing a case with Wilshire Law Firm. We can help you navigate your options to understand your best chance of success in a court of law.

There are Several Types of Damages That Apply During Motorcycle Accidents

When it comes to motorcycle accident claims, there are several things to consider. There are four main types of claims that apply to motorcycle accidents, and we see them quite often in our motorcycle accident cases. In relation to negligence, there are four main types: duty, harm, breach, and causation of accident. When it is clear that one or more of the four main types of damages are present, a case tends to go much easier. However, every case is different, and it can be difficult to prove any of these things during a motorcycle accident case. There are also several other types of damages that you can sue for or be sued for if it is proven that the accident is your fault. These types of damages include damages related to medical bills, property, lost wages, pain and suffering, and finally, punitive damages. Punitive damages are awarded to a victim in a motorcycle accident as punishment for those at fault. When you go into a motorcycle accident case, it’s important to understand what you are asking for and trying to achieve. At Wilshire Law Firm, we can help you understand your options so that you have the best chance of success in court.

What You Should Do if You Have Been in a Motorcycle Accident

Being in a motorcycle accident can be life-changing. Outcomes can range from broken ribs and bruising to death, and everything in between. The first thing you should do is ensure you are okay. Make sure you are safe and away from oncoming traffic. Even if you think you are not injured, it is important to call 911 so that you can document the accident and your injuries and potential injuries later. Many people suffer from an initial state of shock that doesn’t allow them to feel the pain they are in immediately following the motorcycle accident. That’s why it’s important to not just get back on your bike and drive away. You might have latent symptoms or injuries that could cause you to have another, more fatal accident. If another driver is involved, be sure to exchange insurance information. If you are unable to do this due to injury, the police will be able to collect the information on your behalf. Something else to consider is this: while you might be inclined to apologize, it could actually be used against you later in a court of law as an admission of guilt. If you are able, ensure the other person is okay, but don’t offer your apologies because it could cause you trouble later.

If you have been injured by a hit-and-run driver, do your best to collect information about the vehicle. It is often very difficult to find hit-and-run drivers, but if there are witnesses, the case is made easier. So be sure to ask for information from those who might have seen the accident. Everyone has a phone at the ready these days, and you can easily get video or photo logs from a phone of a bystander if they have the chance to capture the accident or driver who left the scene.

In addition to ensuring your health and safety, you should consider the legal action, if any, that you might take. If you are not sure if legal action is advisable, or if you aren’t sure of your legal rights, talk to the team at Wilshire Law Firm. We have had the privilege of helping many motorcycle accident victims get the compensation and justice they deserve.

Don’t do this if you have been in a motorcycle accident
If you have been in a motorcycle accident, there are a number of things you should avoid doing. While you might not be in the right frame of mind following a bad accident, knowing what to avoid can greatly help your case if you take your accident claim to court. For example, you don’t want to call the other driver’s insurance company before talking to a lawyer or the police. You shouldn’t try to represent yourself following an accident to any third-party provider of information or monetary compensation. You might put yourself in a compromising position when they offer you an immediate settlement or threaten to sue you. Once you have dialed the phone, you can leave yourself in a position that hurts you in court later. Don’t answer questions of anyone except to the police and be clear about what you know about the accident. You should also avoid signing any paperwork until you have had a chance to speak to one of our motorcycle accident lawyers at Wilshire Law Firm. You might not understand the scope of what you agree to, and once the paperwork is signed, it is impossible to recant.

Contact Wilshire Law Firm Today if You Have Been in a Motorcycle Accident

If you or someone you know has been in a motorcycle accident, contact the experts at Wilshire Law Firm to discuss your rights and the possibility of a case today. Don’t wait – the sooner you contact our law office, the sooner we can start collecting the facts and get you the justice you deserve.

For further more information about motorcycle accidents and safety, please visit:
Motorcycle Accidents: An Overview  – NOLO
Motorcycle Safety – Wikipedia
Motorcycle Insurance FAQs
Getting Back On Your Motorcycle After A Crash

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