Need to File a Claim for Compensation After a Motorcycle Accident?
Warm weather, great views, and sunny skies are ideal conditions for motorcyclists in Los Angeles. LA is home to a community of bikers. That means they frequently share the road among cars, trucks, and other motor vehicles.
Part of operating a motorcycle is being wary of the possible risks and dangers. You'll need to know how to react at a moment's notice to avoid getting hurt before an accident happens. Not everyone practices safe driving. If you need to veer to the side or jump off your bike to avoid a collision, it is referred to as a "no contact" accident in California.
Because there was no physical collision, bikers wonder if they still have a chance to recover damages. That gets determined by the other driver's level of fault and whether you've sustained injuries or property damage. In this article, our Los Angeles personal injury lawyer answers any questions you may have.
Negligence in a Motorcycle Accident
When another driver fails to exercise a duty of reasonable care on the road, they can be held liable for another driver's injuries. That is a form of negligence the courts will consider when you bring a claim against the defendant.
Suppose someone is texting while driving while you're riding behind them. The other driver stops suddenly to avoid an accident with the vehicle in front, causing you to veer to the right and crash. It wouldn't have happened if the driver wasn't distracted. Lawyers refer to this as a "reasonable person" standard.
We take every aspect of the "no contact" accident into consideration. If you have a solid legal case, a motorcycle accident lawyer in LA can recover for medical expenses, property damage, and pain and suffering.
Comparative Negligence
In California, the courts follow the doctrine of pure comparative negligence. If you were partially responsible for the accident, you would share some of the blame. Before you file a claim, notify your LA lawyer for motorcycle injuries. That way, they can prepare accordingly to ensure you recover as much compensation as possible.
Each party must pay by their percentage of fault. For instance, if a motorcyclist were 20% at fault in a "no contact" accident, the truck driver would be 80% at fault. Both parties would be responsible for contributing the monetary amounts equivalent to their percentage of fault.
No Contact Accidents Happen More Often Than You'd Expect
According to the National Highway Traffic Safety Administration, rear-end accidents account for nearly 30% of all car accidents in the U.S. Although motorcyclists seldom make physical contact with other vehicles in no contact accidents, the damages are just as prevalent.
For example, a motorcyclist and car driver are in the same traffic lane on the highway. The motorcyclist is unaware that the car is slowing down ahead and maintains the same speed. The rider immediately decides to swerve to the right and avoid crashing into the back of the driver's car. It is equivalent to a rear-end accident.
Attorneys for injured motorcyclists in Los Angeles would advise you always to keep a safe distance on the road and be aware of your surroundings. In this scenario, the motorcyclist failed to see that the car reduced speed with enough time to adjust its own. The chances of pursuing a successful injury claim are much lower than if a driver abruptly switched lanes in front of them without using turn signals.
The Power of Witness Statements
Unfortunately, in most cases, negligent drivers flee from the accident – especially when there was no contact. That makes it harder to prove your case in court, especially if you sustained fractures, head injuries, or further bodily harm.
Accident victims can rely on witness testimonials from other drivers and bystanders. After the car accident, always recover their contact information to ensure you or your attorney can reach out to them later. At Gutierrez Law, our best motorcycle accident attorney will ensure you get the compensation you deserve following an accident.
About The Law Offices of Oscar H Gutierrez
Our law firm specializes in helping those injured due to an accident or someone else's negligence. Navigating the insurance agencies and legal framework for compensation can be difficult, especially if English is not your first language. That's why you should call the bilingual lawyers of The Law Offices of Oscar H Gutierrez to make sure you get compensated fairly.
Don't leave your medical bills and property damage to chance; instead, hire a law firm that can win you the maximum settlement. Contact our office for a free consultation at 323-999-3500 or email us at contact@gutierrez.legal.