Determining fault in a motorcycle accident in California involves examining several key factors to understand who acted negligently. For example, California law requires all road users to follow traffic rules. If a driver violated a law (e.g., running a red light or failing to yield) leading to the accident, they are likely at fault. Similarly, if the motorcyclist was speeding and lane-splitting, that can influence fault determination. Police reports often provide an official perspective on fault, as officers document eyewitness statements, road conditions, and other details.
If you have been injured in a motorcycle accident in Southern California, you need representation from an experienced Los Angeles motorcycle accident attorney at Salamati Law. Our team understands the culture of riding and can present the facts in the best possible way to overcome negative preconceptions. For almost 30 years, we recovered millions of dollars for injured riders through zealous legal representation that pushes back against biases and protects the riders’ interests over the negligent drivers who have caused their injuries.
What Evidence Will Determine Fault in a California Motorcycle Accident?
Motorcycle accidents are typically resolved through insurance settlements. They result from negotiations between the plaintiff’s motorcycle accident lawyer, the insurance adjuster, or the defendant’s lawyer. Settlements are based on how each side believes a judge or jury would likely assign fault– based on the evidence, which can include the following:
- Police Reports: The official report provides initial findings, notes on traffic violations, and witness statements, offering valuable insight into how the accident occurred.
- Eyewitness Testimony: Statements from witnesses can help clarify details like speed, road behavior, and traffic signals at the time of the accident, supporting or disputing the accounts of those involved.
- Traffic and Surveillance Camera Footage: Video footage from CCTV or nearby security cameras can provide visual evidence, helping reconstruct the accident to show who may have violated traffic laws.
- Photographs of the Scene: Photos of vehicle positions, skid marks, road conditions, and damage help establish details about the accident’s mechanics, such as speed, braking, and point of impact.
- Vehicle Damage and Accident Reconstruction: Vehicle damage patterns and accident reconstruction analyses may reveal how the collision unfolded, indicating factors like the angle of impact, speed, and potential faults.
- Medical Records: These records can show the extent and nature of injuries, which may help corroborate the severity of the accident and provide context on impact points.
Collecting and analyzing these types of evidence is essential for accurately determining fault in motorcycle accidents under California law.
What Should a Rider Do After Suffering Injuries in a California Motorcycle Accident?
The steps to take after a motorcycle accident are as follows:
- Exchange contact and insurance coverage information with other parties to the accident.
- File a report with the police or the local sheriff in the jurisdiction where the accident happened.
- Take photographs of the damaged vehicles from as many angles as possible.
- Note the time of day and prevailing traffic and weather conditions.
- Get names and contact information from third parties who witnessed the accident.
- Determine if any CCTV surveillance cameras or dashcams captured the accident.
- File an accident report with your insurance company.
- Hire a California motorcycle accident attorney to help you recover the largest available damages award for your injuries.
As noted, you should promptly alert your insurance carrier that you had an accident. However, it’s best not to communicate directly with insurance companies covering the other parties. All communications with other insurers should go through your motorcycle accident lawyer, who will ensure you are treated fairly and equitably.
What if Both Parties are Partially at Fault for a California Motorcycle Accident?
In some accidents, the motorist might be at fault, for example, by failing to yield the right of way to an oncoming motorcycle. However, if the rider was speeding, they may also be found partially to blame. In almost every California motorcycle accident case, the insurance company’s lawyers will try to blame the rider regardless of whether the argument has merit. You can protect and prepare yourself for these arguments by choosing an accident attorney with experience litigating motorcycle crashes.
Can a Partially At-Fault Rider Still Recover Damages in a California Motorcycle Accident Lawsuit?
In California, pure comparative negligence allows each party in an accident to be assigned a percentage of fault, impacting compensation. Consider, for example:
- The rider suffered a brain injury caused by a car making an illegal turn. The driver was legally to blame for the crash. However, at the time of the accident, contrary to California’s helmet laws, the plaintiff was not wearing a helmet that would have minimized his head injury. If the rider’s damages total $200,000 and a jury allocates 80 percent of the fault to the defendant and 20 percent to the rider, the rider’s award would be reduced by 20 percent for a final award of $160,000.
What Happens When an At-Fault Driver in a California Motorcycle Accident Does Not Have Insurance?
If you ride a motorcycle in Southern California, you may be tempted to skip uninsured motorist coverage. However, if the at-fault driver does not have insurance or injures you in a hit-and-run accident and you cannot identify them, you will need this coverage to receive compensation.
At Salamati Law, we will analyze every aspect of your accident to identify all potential sources that may be available to pay you for your damages and losses.
Contact Our Team at Salamati Law for a Free Consultation
If you have been injured in a motorcycle accident in Southern California, speak with an experienced Los Angeles motorcycle accident attorney at Salamati Law. We are committed to fighting for the rights of those injured in motorcycle accidents and have earned a distinguished record in securing compensation on their behalf. Call today to schedule a free, no-obligation consultation to discuss your case. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
Resources:
- NHTSA, Traffic Safety Facts: Motorcycles, https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812353
- California Highway Patrol, California Motorcyclist Safety, https://www.chp.ca.gov/programs-services/programs/california-motorcyclist-safety
