Riverside, CA, is a popular destination for motorcycle riders due to the city’s pleasant weather and scenic views. Unfortunately, for more than 900 Riverside County riders in 2022, a pleasant day on their bikes resulted in serious injuries due to a traffic accident.
If you or a loved one was seriously injured or killed in a motorcycle accident, a Riverside motorcycle accident lawyer at The JLF Firm can help. Contact us today to start your recovery.
What To Do If You Are in a Riverside Motorcycle Crash
The most important thing to do immediately after a motorcycle crash is to get help for any injuries you or your passenger have. Then, if you are able, begin collecting evidence to support your injury claim.
Move to a safe location
Unless you or your passenger cannot move because of injuries, move to an area away from traffic to avoid the potential of getting struck by another vehicle. If you need to move your motorcycle, take photos or video first.
Document the scene
Use your smartphone to take photos and videos of the crash scene. Photograph the damage to all vehicles.
Take pictures of injuries. Make a note of traffic controls, such as traffic lights or signs. If road conditions, such as a pothole, played a role, get photos or videos of the road.
If there are skid marks related to the crash, photograph them. Write down the names and contact information of any witnesses.
Get the other driver’s name, contact information, driver’s license number, and insurance information. Write down the make, model, year, color, and license plate number of the other vehicle.
Contact the police and file a report. Get the officer’s badge number and the report number. Request a copy of the report when it becomes available.
Contact a Riverside motorcycle accident lawyer
Even if you think it is clear that the other driver is at fault for the accident, they may not have insurance, or their insurance company may blame you for the accident or refuse to pay the full value of your claim. A Riverside motorcycle accident attorney at The JLF Firm will help you get the compensation you deserve.
Avoid speaking to the insurance company and do not admit fault. The other party can use anything you say against you. Let your attorney deal with the other party or their insurance.
Most of the time, motorcycle accident cases will end with an out-of-court settlement. However, sometimes, the parties cannot agree on fault or the value of the case.
If this happens, you may need to file a lawsuit against the negligent party. A Riverside motorcycle accident lawyer can help you file and present your case in court.
Get follow-up care
Medical care is important for your recovery, and your medical records are key documentation for your injury claim. Get immediate care for serious injuries at the emergency room or an urgent care center.
Schedule an appointment with your regular doctor for less severe injuries. Attend any follow-up appointments your medical providers recommend.
Even if you do not think you have injuries, you should see a doctor. Soft tissue injuries, concussions, and internal injuries are not always immediately apparent.
Proving Driver Liability in Motorcycle Crash Cases
Whether you can recover damages for your injuries depends on proving that someone else’s negligence caused the accident and the accident caused your injuries. The evidence you collected at the scene and the police report will be important for proving your case.
Examples of negligence include drivers:
- Not checking their blind spots
- Driving while intoxicated
- Talking or texting while on a cell phone while driving
- Driving too fast for the conditions
A Riverside motorcycle accident lawyer will conduct a thorough investigation, including examining the accident scene, reviewing any video footage from security or traffic cameras, interviewing witnesses, and identifying traffic law violations to determine who is at fault.
All drivers have a legal duty to obey traffic laws and drive safely. The failure of one or more drivers to practice safe driving is the most common cause of accidents.
However, sometimes other parties, such as a mechanic, manufacturer, or government entity may share some blame.
For example, a manufacturer may have failed to recall a motorcycle with a known defect. A motorcycle accident lawyer in Riverside can help you identify the at-fault party or parties in your accident.
The role of comparative negligence
California is a pure comparative negligence state. This means all parties can collect damages from any other party that has any share of the blame, up to that party’s share of the fault. However, it also means that if you are partially at fault for the accident, the other party can collect damages from you or your insurance.
Compensation for a Riverside Motorcycle Accident
If another party’s negligence caused your injuries, their insurance will probably be the primary source of any compensation you receive. If the driver does not have insurance, you may need to file an uninsured motorist claim with your insurance company.
If the other party’s insurance refuses to pay or offers a settlement that does not fully cover your damages, you can file a lawsuit against the at-fault party. A Riverside motorcycle accident lawyer can help you identify potential sources of compensation.
Types of compensation you can recover
The at-fault party may be liable for the following:
- Medical bills related to your injuries
- Future medical treatment
- Lost wages due to the accident or your injuries
- Loss of future income due to your injuries
- Damage to your motorcycle or other property
Additionally, you can seek compensation for non-economic damages, such as pain and suffering, loss of enjoyment of life, or disfigurement. If a loved one died in a motorcycle accident, you may be able to recover compensation for funeral and burial expenses, lost financial support, and loss of companionship.
No pay, no play laws
California law requires all motorists, including motorcycle drivers, to have liability insurance to pay for any damages they might cause to another person or their property. The minimum liability coverage California law requires is $15,000 per person and $30,000 per accident for injuries or deaths, and $5,000 for property damage.
If you did not have the legally required amount of liability coverage when the accident happened, you may not be able to collect non-economic damages from the at-fault party. However, you can still pursue recovery for your economic damages.
Motorcycle Safety Tips
Because motorcycles do not have exterior protection for riders, injuries are often severe. Protect yourself by wearing a helmet, eye protection, gloves, and a leather jacket or riding suit.
California law requires all motorcycle drivers and passengers to wear a U.S. DOT-compliant motorcycle safety helmet. A safety helmet can reduce the severity of head injuries by 50%.
Inspect your motorcycle to ensure it is in good working condition before riding, and follow all traffic laws. Wear reflective clothing to increase your visibility to other drivers.
Watch for road hazards, and do not ride during bad weather. Avoid riding in vehicle drivers’ blind spots when possible.
Contact a Riverside Motorcycle Accident Lawyer
If someone else’s negligence caused your injury or the death of a loved one in a motorcycle accident, a Riverside motorcycle accident lawyer at The JLF Firm can help you recover the compensation you need. Contact us today to schedule a free consultation.
Motorcycle Accident FAQs
How much are most motorcycle accident settlements?
The settlement for a motorcycle accident claim can be anywhere from a few thousand to millions of dollars, depending on the severity of the injuries, the share of fault of each party, and the financial resources of the at-fault party. A Riverside motorcycle accident lawyer can estimate the value of your case.
How long do I have to file a motorcycle accident claim in California?
The statute of limitations for a personal injury claim in California is two years from the date of the injury. However, if you did not discover your injury until later, you have at least one year from the date you discovered it.
