Getting into a motorcycle accident can leave the average rider injured and overwhelmed with bills. Partnering with a legal team that has intimate knowledge of the road and the law can be a great help in getting you the compensation you deserve. Our Los Angeles motorcycle accident lawyers at Vaziri Law LLP, are dedicated to representing riders across Los Angeles using our expertise paired with your evidence to produce results. Whether you were hit by a distracted driver on the 405 or T-boned while making a left turn on Olympic Boulevard, our motorcycle accident lawyers in Los Angeles are here to help you.
Key Points
- Motorcycle accidents account for about 7% of accidents in Los Angeles (OTS)
- Motorcyclists have specific safety laws they must follow when riding
- A motorcycle accident lawyer can help counter biker bias
- Partnering with a motorcycle lawyer early can prevent loss of compensation
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How are Motorcycle Accidents Different from Car Accidents?
Motorcycle and car accidents are not too different from each other. Both vehicles are subject to the same laws and regulations. They also require licenses and insurance plans before getting on the road.
The main difference lies in the aftermath of an accident. Motorcyclists often experience severe pain and injury compared to the average car driver. There are also challenges motorcyclists will experience due to the fact they drive a motorcycle.
How Common Are Motorcycle Accidents?
In 2023, the California Office of Traffic Safety (OTS) reported 8,116 accidents in Los Angeles County. 553 of those accidents involved a motorcycle. That means that about 7% of vehicle accidents in Los Angeles involve motorcycles.
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Common Causes of Motorcycle Accidents
Despite the public transportation available in Los Angeles, the city is a car-reliant area. The influx of cars, especially during rush hour, creates the perfect storm for accidents. Common reasons for a car accident include:
- Drowsy drivers
- Distracted drivers
- Impaired drivers
- Reckless driving
- Ignoring traffic laws
- Tailgating
- Street racing
- Vehicle malfunctions
How to Stay Safe as a Motorcycle Driver
- Wear a helmet. According to CVC 27803, all riders must wear DOT-compliant helmets. If riders aren’t wearing one at the time of the accident, insurers can argue that they were negligent.
- Be visible. When riding, make sure to wear reflective gear and turn on the bike’s lights at night or in dark areas.
- Wear your gear. Wearing the appropriate gear (boots, helmet, gloves, and jacket) can help you avoid severe injuries if you fall off the bike.
- Inspect your bike before every ride. Before every ride, inspect your bike’s tires, controls, lights, oil, chassis, and stands. A lot can happen in between rides, so make sure your bike is able to get you to your next destination.
- Drive defensively. As the driver with the least protection, it’s highly recommended to drive defensively. This means staying alert of other drivers around you and looking around for potential dangers like potholes, fallen cargo, animals, or reckless drivers.
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Common Injuries from Motorcycle Accidents
Accidents as a motorcycle driver can be serious, especially if in an accident with a vehicle. People in cars and trucks have the body, airbags, and seatbelts protecting them from flying out of their cars. However, motorcyclists do not and therefore run a high risk of getting one or more of the following injuries:
- Broken bones
- Fractures
- Road rash
- Soft tissue injury
- Traumatic brain injury
- Whiplash
- Spinal injury
- Amputations
How Fatal Are Motorcycle Accidents?
According to the Office of Traffic Safety (OTS), in 2023, there were 4,061 traffic fatalities in California. Of those 4,000 fatalities, 583 of those involved motorcycles. Of those 583, only 33 of those involved riders without helmets.
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How to Navigate a Motorcycle Accident in Los Angeles
The first steps you take after an accident can make or break your case. Here’s a step-by-step checklist that can help you collect evidence to present to your lawyer.
- Move to safety. If you’re able to safely move, get out of traffic and pull over with your hazard lights on.
- Call 911. Request both police and medical services. Having both at the scene will provide evidence that links your injuries to the crash in the police report.
- Exchange information. Collect the other driver’s insurance information and note down their car model, make, color, license plate, and any other distinguishing features.
- Document the scene and injuries. Gather photos of the accident scene, including photos of the conditions of the vehicles and the surrounding area. This includes gathering dash cam and surveillance footage, if possible.
- Gather witness testimony (if any). If there are witnesses, ask if they’d be open to being a witness and testifying their version of events. If yes, get their contact information.
- Go to the Doctor. Injuries don’t always manifest after an accident, so it’s best to visit the doctor even after an initial check with the paramedics at the scene. Keep a record of this visit to provide your attorney.
- Contact a motorcycle accident lawyer. Insurance adjusters often contact injured parties within hours of initial reporting hoping to get a quick settlement. Do not agree to anything without going over your case with your Los Angeles motorcycle accident attorney.
How California Law Determines Fault in Motorcycle Accidents
Understanding the laws that relate to motorcycles helps drivers understand how lawyers approach their case. Here are some of the legal factors an attorney will investigate when first reviewing your case.
Comparative Negligence
California practices comparative negligence. This means that everyone holds a percentage of fault in an accident. Attorneys will use evidence to determine the amount of fault each party holds in an accident.
Duty of Care
Duty of care is the legal duty to behave in a reasonable way that prevents endangering and/or harming others. If someone is found acting in a way that is considered reckless and harms someone, they can be held liable for the majority of the accident in question.
Evidence
Without evidence of an accident, attorneys have no way to negotiate on your behalf. If you were in an accident but provide no proof, it’s nearly impossible to prove that an accident happened.
Is Biker Bias Real?
Unfortunately, motorcyclists face an additional hurdle: public perception. While this has nothing to do with the accident itself, sometimes these biases can cloud judgment when negotiating with the other parties. Common examples of this bias include:
- Bikers are dangerous.
- Bikers know the risks.
- They drive too fast.
- They’re hard to see.
- They’re always at fault.
How a Los Angeles Motorcycle Attorney Debunks These Claims
Public perception may cloud someone’s judgement; however, a lawyer’s job is to use the law and evidence to debunk these preconceived ideas.
“Dangerous” Lane Splitting
Under CVC 21658.1, lane splitting is legal. Due to the rules about lane-splitting, insurers and defense attorneys will try to insinuate that drivers were lane-splitting during an inappropriate time or failed to signal when changing lanes.
Even if riders were following the law, insurers will try to bring an argument that could make them look more at fault. Our motorcycle accident attorney in Los Angeles can counter their claims using the evidence provided to us.
“Risky” Left-Turn Collisions
Even in a car, drivers think twice before making a left turn. Sometimes cars try to speed through to avoid letting you turn. At other times, there are cars in the opposite unprotected left turn lane that don’t let you see behind them. There are too many risks, and sometimes it’s not worth it.
Some drivers prefer to drive away from their destination to avoid making an unprotected left turn in a congested area. Others drive around to find a direct path to their destination. People who try pinning this as a motorcyclist only problem are easily disproven by known driver behaviors.
“Fast” Driving
Motorcycles give the impression that they go fast by default. However, what many people fail to realize is that motorcycles must also obey speed limits, but their small size makes it easy for them to appear to be faster than they actually are.
“I Didn’t See You”
A common phrase after a collision between a car and a motorcycle is, “Sorry, I didn’t see you.” Some drivers think saying this phrase is an easy way out of taking more fault. However, a driver’s failure to see a motorcycle can be a sign of negligence because all drivers are expected to provide a duty of care.
Correcting Biased Reports
Insurers and drivers aren’t the only parties that hold biases against motorcycle drivers. Police reports aren’t always accurate, and while they cannot be considered evidence of fault in court, insurers do rely on them during negotiations.
When receiving a copy of the police report, check it for errors or wording that pins the fault on the motorcyclist. If there are any, gather evidence and ask your attorney for an accident reconstruction expert. Your attorney can submit a supplemental report to the investigating agency and use the corrected narrative in demand letters and litigation.
Compensation You Can Recover with a Motorcycle Accident Lawyer
Your attorney will look at the evidence you provide to determine the cost of your damages. These are split between two categories, economic and non-economic damages.
Economic Damages
Economic damages are categorized as damages that have a fixed price attached to them. This includes medical visits, exams, surgeries, medication, home renovations to accommodate injuries, lost wages, and other tangible expenses.
Non-Economic Damages
Non-economic damages are categorized as psychological damages. These damages do not have a fixed value and are nearly impossible to calculate. However, motorcycle accident lawyers try to address the real damages accidents leave in one of two ways.
Multiplier Method
The multiplier method takes the total of the economic damages and multiplies between a number between 1.5 and 5. This number is determined by the amount of pain the client is in.
Per Diem Method
The per diem method pays the client a daily rate (usually the client’s daily wage) for the number of days the client is expected to experience pain from the accident in question. This also includes a backpay to compensate for the days they experienced prior to reaching an agreement.
Punitive Damages
Punitive damages are an additional form of compensation that is only awarded in extreme circumstances. These damages are used to punish a reckless party rather than further compensate an injured party.
For example, if the driver who caused the accident was under the influence when it happened, they could be forced to pay punitive damages as a fine for their reckless behavior.
Is this Compensation Tax Deductible?
Generally, no. Compensation from economic and non-economic damages is not taxable under federal law. However, punitive damages may be taxable. Consult a tax professional for advice specific to your situation.
Medical Maximum Improvement
There is a cap to how much someone can receive in medical damages. The goal for recovery is to get back to the state someone was in prior to an accident. However, that isn’t always the case.
People can end up disabled, unable to live their lives as they once did. This is where Maximum Medical Improvement (MMI) enters the conversation. Near the end of someone’s recovery process, doctors will determine if the patient recovered fully or not by reviewing their medical records and the patient. At the end of this, the patient receives a Permanent Impairment Rating (PIR).
This number, usually between 0-100, determines how much of an impact the injuries will have on the rest of the patient’s life. Zero means no impact, and 100 means the accident forever altered the patient. This is also the basis used to determine if a patient would need permanent disability benefits after an accident.
How Attorneys Use PIR
Once a patient finalizes their PIR, an attorney will use this number to negotiate for more compensation if the PIR warrants it. If not, the attorney will start to settle with insurers.
Do I Need a Motorcycle Accident Attorney?
Not always; however, partnering with a motorcycle accident attorney can be a great help in avoiding various legal pitfalls insurers may try in hopes of settling the case quickly and at a cost-efficient price. Our lawyers at Vaziri Law LLP are well-trained and help clients by offering the following services.
Evidence Preservation
Evidence can disappear within the first 24 to 48 hours after an accident. Partnering with an attorney within that time frame increases the chances of preserving crucial evidence. Our team sends preservation letters to businesses, municipalities, and individuals who may have video or data.
We collect evidence from traffic signals, dash cams, and surveillance footage from nearby businesses and bodycams.
Accident Reconstruction
When liability is disputed, we bring in accident reconstruction experts who analyze vehicle damage, road conditions, sight lines, and speed to build a clear picture of what happened. This level of investigation is especially critical in motorcycle cases, where insurers often claim the rider was at fault simply because they were on a bike.
Negotiations in Your Stead
Insurance companies respect one thing: preparation. They know which law firms are willing to file suit and take a case to trial, and they adjust their offers accordingly. At Vaziri Law LLP, we negotiate from a position of strength because we’re ready to litigate if a fair settlement isn’t offered.
Our process includes drafting detailed demand packages with medical records, economic analyses, expert opinions, and evidence. We don’t accept lowball offers, and we don’t let adjusters delay tactics or bad-faith practices go unchallenged.
Results You Can Trust
Vaziri Law LLP has secured substantial settlements and verdicts for injured motorcyclists across Los Angeles. Our track record includes compensation for catastrophic injuries, wrongful death claims, and complex multi-vehicle collisions. We’ve held negligent drivers, corporations, and government entities accountable by outworking the opposition at every stage. When you choose Vaziri Law LLP, you’re choosing a firm that treats your case like it’s going to trial from day one, because that’s what it takes to win maximum compensation.
Review our motorcycle accident case results to see how we’ve helped past clients.
Our Fees
We work on a contingency fee. This means no upfront costs, and we only take a percentage of your recovery if we win. If we do not reach a settlement or verdict, we do not charge you a dime.
Frequently Asked Questions
Are there Deadlines to File a Case?
In California, you generally have two years from the accident date to file a personal injury lawsuit for a motorcycle accident. If a government entity is at fault, you must file an administrative claim within six months. Missing these deadlines can permanently bar your claim.
Certain exceptions may apply in accidents involving minors or delayed discovery cases. Consult an attorney as soon as possible to avoid missing a deadline.
How Long Does a Motorcycle Accident Case Usually Take in California?
Most cases settle within 6 to 18 months, but timelines vary based on the severity of injuries, the complexity of liability, and whether the case goes to trial. Cases involving government entities, multiple defendants, or disputed fault may take longer. Your attorney can give you a more specific estimate once they review your case details.
Can I Get Compensation if I Was Not Wearing a Helmet?
Yes. While California requires helmets, not wearing one doesn’t automatically bar recovery. Insurers may argue comparative negligence to reduce damages for head injuries, but you can still recover for other injuries unaffected by helmet use.
Does Safety Gear Help Prevent Injuries?
Yes. DOT-certified helmets are designed to prevent most head injuries. Gloves and jackets protect your body from road rash, bruises, and other injuries depending on the materials these items are made of. Wearing the appropriate boots can also protect your feet from sprains and fractures.
What if the At-Fault Driver Was Uninsured or Fled the Scene?
You may still recover compensation through your own uninsured/underinsured motorist (UM/UIM) coverage if you were in a hit and run or an accident with an uninsured driver. If you don’t have UM/UIM coverage, other options may include identifying additional liable parties or pursuing a claim against a government entity if road conditions contributed to the crash.
Can Undocumented Riders File a Claim?
Yes. Immigration status does not affect your right to file a personal injury claim in California. If it’s a major concern, your attorney can take steps to protect your privacy throughout the process.
Will My Insurance Rates Go Up if I Use UM Coverage?
Using UM/UIM coverage to recover from an uninsured at-fault driver should not increase your rates if you were not at fault. However, insurance practices vary by carrier and policy. Review your policy or ask your attorney to clarify before filing a UM claim.
Can a Motorcycle Accident Turn into a Wrongful Death Case?
If there is a fatality at the scene or due to the accident, a motorcycle accident can turn into a wrongful death case. If this happens, the surviving family can file a case to recover compensation for any damages that come with the untimely passing of their loved one.
What if My Motorcycle Malfunctioned and Caused an Accident?
If your motorcycle malfunctioned mid-ride and caused an accident, an investigation is needed to determine what caused the accident. Sometimes, a manufacturer and/or a repair shop can be held liable for the accident under the right circumstances. It’s important to regularly maintain your motorcycle to avoid any gray areas in these cases.
Do Lemon Laws Apply to Motorcycles?
Yes. Motorcycles in California fall under the protection of the Song-Beverly Consumer Warranty Act, just like any other product that comes with a warranty. If a motorcycle is found to be defective and in constant need of repairs, the motorcycle may be considered a lemon and subject to repair, replacement, and/or compensation.
Ready To Protect Your Rights? Contact our Los Angeles Motorcycle Accident Lawyers at Vaziri Law LLP Now
Evidence fades, witnesses move, and deadlines approach faster than you think. The sooner you act, the stronger your case becomes. At Vaziri Law LLP, we have developed a rider-focused process that combines immediate action, thorough investigation, and trial-ready advocacy. Our team is here to answer your questions, protect your rights, and fight for the full compensation you deserve.
Contact us today for a free consultation.