Accidents are unfortunate occurrences. They leave victims severely injured and counting significant losses. We encounter all kinds of road accidents in California, including motorcycle and car accidents. While both types of accidents have numerous similarities as far as personal injury laws are concerned, they differ considerably. Understanding how different your case will be if you are injured in a motorcycle accident is necessary. That will guide you in what you must do to obtain compensation from the liable party. The help and guidance of an experienced car accident attorney go a long way in ensuring that your rights are protected and that you have all the legal requirements to file a winning case.
Motorcycle And Car Accidents in California
Motorcycle and car accidents are common road accidents in California. Most people in the state own a vehicle, and the number of motorcycle riders is increasing daily. While we have strict traffic regulations governing motorists and cyclists, accidents affect all road users, including pedestrians. Sadly, most of these accidents are preventable since they occur due to human error. Personal injury laws are in place to ensure that the injured obtain compensation for their losses after an accident. But you must understand specific elements that affect your situation to file a winning lawsuit against the responsible party.
Car accidents occur due to various factors, including speeding, reckless driving, driving under the influence, poorly maintained roads, and weather conditions. These are the same factors known to cause motorcycle accidents in California. A speeding motorist will not be careful enough to avoid crashing into a motorcyclist riding along the same road with them. A drunk or drugged motorist will not quickly give way when it is a biker’s turn to move. Drivers and bikers are affected by unfavorable weather and road conditions. If you are involved in a motorcycle or car accident, you will file for compensation against the party responsible for the accident that caused your injuries.
Thus, determining liability is a crucial part of the process for any injured party that wants to pursue compensation for the damages incurred in an accident. Liability is usually not a straightforward matter. It takes a professional look into the cause of the accident and a greater understanding of the personal injury laws for a plaintiff to recover compensation after an accident. For instance, in case of an accident resulting from reckless driving, you must understand what reckless driving entails to prove that the liable party was careless in causing the accident that caused your injuries.
In cases like these, you need legal help to go through the complex and tedious legal process. Also, you need time to recover from your injuries, especially if you have sustained severe injuries that require you to undergo intensive treatment and a lengthy recovery period. Your attorney will handle the legal matters as you focus on your recovery. They will ensure that you undergo proper treatment right after the accident. Your attorney will also ensure you have everything needed to win your case, including solid evidence. Finally, they will protect your rights against violation.
Motorcycle Vs. Car Accidents in California
Motorcycle and car accidents are similar in several ways. Still, there are significant differences you must be aware of as you prepare to file a lawsuit for compensation against the liable party. If you have been injured in a motorcycle accident, you want to understand personal injury laws and how they affect your situation. For instance, the law requires you to file a lawsuit against the party responsible for the accident in which you were injured. The compensation you recover will enable you to seek medical care for your physical and emotional injuries and take care of your needs until you can start working again.
Here are some of how motorcycle accidents differ from car accidents in California:
Motorcycle Accidents Are More Frequent
Motorcycle accidents are more frequent than car accidents, mainly due to the size of a motorcycle compared to that of a car. Motorcycles use the same road as motorists and other road users. But due to their small size, it takes a lot of caution for drivers to spot and avoid hitting them. Drivers are urged to be on the lookout for motorcyclists, but most ignore this directive. Ultimately, we have more accidents involving motorcycles than cars, and the responsible parties are mainly motorists.
Additionally, some drivers do not give motorcyclists respect while on the road. Motorcyclists must ride as if invading the motorist's territory, which should not be the case. All road users in California, including pedestrians and bicyclists, have the right to use public roads. But motorists will always treat other road users as second-class users. Motorists overlook motorcyclists' rights and will push them aside or even hit them from the back or the side to get their way.
Additionally, riding a motorcycle is not as easy as driving a car. Motorcyclists rely on the right balance to ride safely and avoid accidents. Finding the balance is sometimes tricky, especially when dealing with disrespect from motorists and unfavorable weather or road conditions.
An increasing number of motorcycle accidents are reported yearly, but only a percentage of the actual accidents is reported. The frequency of these accidents would decrease if all road users understood their rights on the road and adhered to all traffic regulations. For instance, if a motorcyclist uses a particular lane, motorists driving close to them must go to the next lane, allowing the motorcyclist an entire lane. Also, motorists should allow motorcyclists the right of way if it is the motorcyclist's turn to move.
Motorcyclists Encounter More Risks
Our public roads are designed for the safety of all road users. However, motorcyclists and bicyclists encounter more challenges when using them. For instance, there is always a risk of drivers failing to see motorcyclists. Motorcycles are smaller than vehicles and so cannot easily blend with cars. In heavy traffic, motorists can fail to see a motorcyclist, increasing the risk of motorcycle accidents.
Additionally, hazards on the road are more unfavorable to bikers. For instance, if there are roadway debris and potholes on the road, they will likely give a biker a hard time. Motorcyclists can quickly lose control on an uneven road surface, veering off the road and into oncoming traffic. On the other hand, cars can easily glide over potholes and debris without encountering the risk of accidents.
Generally, motorcyclists encounter unique risks that sometimes make determining fault after an accident difficult. Several factors come into play in situations involving more than one liable party. It requires the intervention of an experienced personal injury attorney to sift through the case details to understand it more clearly.
You Will Likely Sustain More Severe Injuries in a Motorcycle Accident
The saddest bit of being involved in an accident is the injuries you will likely sustain. Most road accidents leave victims nursing severe injuries. Some even lose their lives on the spot or while undergoing treatment. Motorcycle accidents register more severe physical injuries than car accidents. It could be due to several factors, including how motorcycles are built compared to vehicles.
For instance, vehicle manufacturers add features that protect vehicle occupants in case of accidents. These features do not necessarily prevent accidents, but they protect occupants from sustaining severe injuries in case of a crash. Examples of these additional features are airbags and seatbelts.
Motorcycles also have additional features like anti-lock braking systems that could prevent the occurrence or severity of an accident. But these features do not work the same as far as protecting the driver/rider is concerned. Thus, a motorcyclist is likely to sustain severe injuries in the event of an accident, however minor the accident is.
Also, vehicle occupants are protected by the outer body of a car in case of an accident. This body protects drivers and passengers against external factors that could intensify their injuries in an accident. These, coupled with airbags and seatbelts, prevent vehicle occupants from flying out of the vehicle into the hard road surface or other objects that could result in more severe injuries. It is not the same for motorcyclists, who, more often than not, are ejected out of their bikes into the dangerous road or objects in an accident.
Most injuries sustained by victims of motorcycle accidents are catastrophic. They involve sensitive body parts like the head, neck, brain, spinal cord, and internal organs. They take a long time and cost more money to treat and heal completely. Some victims of motorcycle accidents do not enjoy a full recovery. They are forced to live a completely different life from the life they lived before the accident.
Fatalities Are More Common in Motorcycle Accidents Than Car Accidents
Losing one or more lives to an accident is devastating. But that is the sad reality of most road accidents in California. Motorcycle accidents register more fatalities than car accidents for various reasons.
First, the level of protection for motorcyclists and motorists is incomparable. Motorcyclists are exposed to more danger while on the road. A slight loss of control could cause them to veer off the road into oncoming traffic, resulting in a severe crash in which the motorcyclist sustains life-threatening injuries. Some lose their lives on the spot, while others die while undergoing treatment.
According to NHTSA, motorcyclists are 29 times more likely to lose their lives in an accident than motorists. This high fatality rate is mainly linked to a lack of adequate safety features for motorcyclists compared to motorists. A minimal crash on a motorcycle by a vehicle will likely send the motorcyclist flying and landing on a hard surface or dangerous objects on the road. If the motorcyclist lands on their back, head, legs, or front, they will likely lose their life or sustain severe injuries that eventually cause death. Injuries like internal bleeding or severe fractures are not noticeable initially but are life-threatening if not treated urgently.
Head-on-collisions are very common between motorcyclists and motorists. They could happen in case of reckless or drunk driving. If a driver or motorcyclist uses the wrong side of the road, they will likely crash into oncoming traffic in a blind spot or a sharp corner. Regardless of who is in the wrong, the motorcyclist will be thrown out of the bike onto the road or its surroundings. The tremendous force they fall on the hard ground results in death or severe injuries. But the motorist will be safe due to the additional features and the vehicle's outer body that protects them from sustaining severe injuries.
The Inherent Bias Against Motorcyclists
Few people in California have dared to try biking compared to driving. Almost all adults in the state have gone through driving school and have operated a vehicle once or several times. But biking is different. Thus, only a few people understand the technique of riding a motorcycle and the challenges you encounter while on the road. That explains the bias motorcyclists face every day.
One of the biggest misconceptions about bikers is that they are reckless and daring. Some bikers are known to take chances without considering the risks involved. A few who are daredevils have tainted the name of all other bikers, making it a challenge for bikers to prove their cases without being maltreated.
But the truth is that most motorcycle accidents happen without the bikers' involvement. Some bikers find themselves in unfortunate situations even after acting responsibly and adhering to all safety standards required of motorcyclists in California.
The support of a skilled personal injury attorney will ensure that your rights are protected throughout the legal process if you are injured in a motorcycle accident. Your attorney will help establish your reputation as a careful and safe rider to overcome any bias other parties would have against you. If your case does not make it to a civil court, your experienced attorney can expose any ill-treatment you could have encountered in the hands of others to ensure that you obtain a fair outcome for your situation in the end.
Decision Makers Are Not Familiar With Motorcycle Operations
When motorcycle accident victims file their cases in a civil court, they depend on a fair judgment from jury members. In most cases, these people have not ridden a motorcycle before. Thus, they do not understand motorcycle operations and the challenges bikers face on the road. Plaintiffs also have to deal with insurance adjusters, accident experts, and other professionals who have no experience in biking. Without a basic understanding of motorcycle operations, people tend to jump to conclusions about how motorists should react on the road.
For instance, speeding increases a biker's stability on the road. But a mention of speeding in your case would cause the jury to conclude that you were recklessly riding and putting your life and the lives of others at risk. That is why you need legal support. You can speak to your attorney about some of the facts about biking that everyone else is unaware of so that they can present your case in court fairly. Your attorney will take time to educate everyone involved in your case on why you acted the way you did and why someone else is responsible for causing the accident.
Insurance Companies Almost Always Pull Dirty Tricks Against Motorcyclists
Insurance companies are in the business of making money. Thus, they will avoid any situation that costs them money, like compensating an accident victim. Through an insurance adjuster, an insurance company will use all manner of tricks to avoid paying the required compensation. It is worse if you were involved in a motorcycle accident.
The insurance company responsible for paying your compensation will come up with various reasons not to pay. The adjuster will find more loopholes to counter your claim after a motorcycle accident. They will even feel pressured to deny compensation because of the significant damages involved in accidents like these. Most experienced personal injury attorneys are aware of these tricks. Thus, your attorney will know how to deal with them to protect your rights and ensure you receive total compensation for your damages. An insurance adjuster will be more careful to pull a dirty trick once they know you have legal representation.
Find a Competent Car Accident Attorney Near Me
Have you or someone you know been injured in a motorcycle accident in California?
It helps to know your rights and how personal injury laws apply to your case. That way, you can recover compensation for all your damages. But an experienced personal injury attorney will smoothen the process and fight for you to receive the compensation you deserve. We also offer quality advice and professional support for those willing to pursue compensation after a motorcycle accident. Our Los Angeles Car Accident Attorney team will handle the legal matter as you focus on your recovery. Call us at 424-237-3600, and let us discuss your case in greater detail.
