Motorcycle Accident Lawyers
MOTORCYCLE ACCIDENT ATTORNEYS
Since 1976 Richard D. Hoffman has successfully helped his clients gain the maximum settlement possible during a painful time in their lives when they need it most.
We represent clients who have been injured or whose loved one died in any type of car accidents including motorcycle accidents.
We have the knowledge, skill and experience to win your case or to receive a full compensation.
And we also know the types of injuries that can happen in accidents and the care required to your recovery to help your physical and mental health.
If you or a loved one has been involved in a motorcycle accident, call us now! at (323) 782-8600 for legal representation.
You can also send email via Info@RichardHoffmanLaw.com
- Why You need Motorcycle Accident Lawyers
- Condsider the Statute of Limitations
- Preparing for the Initial Consultation
- Steps to Take After a Motorcycle Accident
- Common Causes of Motorcycle Accidents
- Common Injuries of Motorcycle Accidents
- Recovering Compensation for Motorcycle Accidents
- Who is Liable for a Motorcycle Accident?
- Factors to Determine Fault After a Motorcycle Accident
- How a Motorcycle Accident Lawyer Can Help You
- Call to Los Angeles Motorcycle Accident Lawyer Now
- What We Can Do for You
- Verdicts and Settlements
- Contact Us Now
Why You need Motorcycle Accident Lawyers
Southern California is famous for its good weather, which enables people to enjoy outdoor activities throughout the year. And riding a motorcycle in the outdoors is one of the best ways to enjoy wonderful weather in Southern California and many Californians actually love to ride a motorcycle. As a result, there are more registered motorcycles in California than in any other state with almost 814,000.
But having more motorcyclists on the road can be more chances for them to be injured or killed in a motorcycle accident. Sometimes, the exhilarating thrill of driving a motorcycle on the road suddenly and bitterly ends in an accident, and the motorcyclists found themselves lying on the road or in a hospital bed.
Distracted motorists can hit the motorcyclists at any time and all of them are exposed to that risk. Moreover, the serious problem is that riders suffer some of the highest mortality rates among motor vehicle accident victims. The injured motorcyclists can suffer from road rash or broken bones to severe brain injuries or even death.
* Motorcycle Accidents in US
According to National Highway Safety Transportation Administration(NHSTA), 4,668 people died in motorcycle crashes across the nation in 2013, a number which was actually down 6.4% from 2012. Injured motorcyclists across the U.S. were also down 5.4% from 93,000 in 2012 to 88,000 in 2013.
But, the number of casualties due to motorcycle accidents has consistently increased. Between 2001 and 2008, more than 1.2 million people received emergency medical care and about 25,000 people died as a result of motorcycle accidents. And younger adults were at the highest risk in motorcycle accidents.
Motorcyclists are far more likely to be injured or killed while riding than any other group of roadway users. Because of the lack of protection afforded motorcyclists, in a crash, they are 26 times more likely than those in a passenger car to die and five times more likely to be injured.
As many as 98% of all motorcyclists involved in a crash are injured at least to some degree, and at least 45% of those injuries are serious. Additional statistics related to motorcycle injuries from a crash include:
– Almost half of the injuries sustained by motorcyclists in a crash are to the upper leg, lower leg, knee and ankle;
– Crash bars do not effectively reduce injury to the motorcyclist. They simply transfer the injuries from the ankles and feet to the upper thigh, leg and knee;
– About 13% of motorcycle crashs result in a groin injury to the biker;
– Traumatic brain injury and paralysis are the most serious injuries suffered by motorcyclists after a collision?when the head strikes unyielding pavement or another fixed object, head trauma and brain injury can result, and
– Other motorcycle injuries include bone breaks and fractures, internal organ injuries, limb amputation, severe road rash, neck and back injuries and disfigurement.
* Motorcycle Accidents in California and Los Angeles
According to the Los Angeles Department of Transportation, in Los Angeles, more than 3,000 motorcyclists are involved in crashes every year.
According to the California Highway Patrol, California, and particularly Los Angeles, has seen an increase in motorcycle fatalities. In California, motorcycle collisions and fatalities increased 23% between 2003 and 2012.
Especially, in Los Angeles County, motorcycle collisions and fatalities increased 49% in the same period. Many of those motorcycle accidents happened in Los Angeles County were particularly deadly, with 59% more motorcyclists killed in collisions in 2012 than in 2010.
By a wide margin, fewer motorcyclists die in states which introduced motorcycle helmet laws. A helmet and leathers to protect the limbs can protect the life and safety of a motorcyclist. But only about half of all motorcyclists across the nation wear a helmet when they ride a motorcycle and many states have dropped helmet laws, making wearing a helmet voluntary rather than mandatory.
Motorcyclists, uniquely vulnerable on the road, need to have safe driving habits and proper personal protections to reduce the risk of injury and fatality.
Motorcyclists cannot avoid all roadway dangers, and distracted, neglectful or reckless drivers can threaten your health and life at any time.
But we have helped motorcyclists who have suffered as a result of motorcycle accidents for compensation and recovery. We are here to help you.
* We are Here to Help You
After an motorcycle accident, you are maybe faced with physical pain and suffering, disability, huge medical bills, lost wages, psycological trauma, emotional distress and other damages. And you probably have a lot of questions including:
– How am I rewarded for my damages?
– How do I hold the at-fault party or parties liable?
– How much is it going to cost to get legal help?
If you or your loved ones have been injured or killed in a motorcycle accident, call Los Angeles motorcycle accident lawyer at the Law Firm of Richard D. Hoffman for a free consultation. You may be entitled to financial compensation for injuries and damages suffered.
Our expert motorcycle accident lawyers are ready to help you in determining your rights and appropriate legal action.
To get clients maximum recovery, we explore every option and fight every necessary battle.
Moreover, we charge no upfront fees. There is no fee unless we win.
Condsider the Statute of Limitations
Under California Code of Civil Procedure Section 335.1, the statute of limitations for motorcycle accidents is two years.
The time limit starts on the date of the accident, unless the accident resulted in the death of the victim.
When the victim die in an accident, the statute of limitations starts on the date of the victim’s death.
If the liable party is a public entity, such as a city or school district, then a claim must be filed with the appropriate government entity within six months of the incident.
So if you are a victim in a motorcycle accident and are considering filing a claim, you have to bear in mind of the period limit.
* What if Period Limit has Run Out
In certain circumstances courts will allow for a temporary halting or tolling of the time limit such as minor statute of the victim (under the age of 18), mental and physical incapacitation of the victim. You can discuss this issue with our attorney.
Preparing for the Initial Consultation
For the initial consultation after a motorcycle accident, bring as much information as possible you can secure, including:
– Pictures of the accident and of your injuries
– Information on the other driver (the driver’s name, address, telephone number, license plate, and make and model of the vehicle)
– Insurance information for both parties to the accident
– Names, addresses and phone numbers of witnesses
– Medical records
– Medical bills
– Emergency room bills
– Emergency room records
* If You Are Uninsured at the Time of The Accident
If you are uninsured at the time of the accident, unfortunately, your legal rights will be limited and you may not be entitled to claim compensation for pain and suffering. You will have fewer options and be vulnerable to recover for damages and compensation.
It is wise to have insurance at all times.
But you can talk to a motorcycle accident lawyer about this issue, too.
Steps to Take After a Motorcycle Accident
1. Check where there you are injured and contact an emergency responses team or paramedics if serious. (Be aware that not all medical problems show up in the first few minutes or longer after a motor accident. You may think that your injuries are minor and slight, but it may be much more serious than you think and should be examined immediately after a crash.)
2. Contact your local law enforcement and file an accident report. (Do not speak with the driver regarding fault or liability.)
3. Write down important information (the at fault party’s name, address, telephone number, insurance information, license plate, make and model of the vehicle)
4. Contact a motorcycle accident lawyer and ask for a legal consultation regarding your rights for claim and compensation.
* After a motorcycle accident, do not speak with insurance adjusters, first. Insurance company can use your statements to lower or deny your claim for compensation. You do not need to spend your after-accident period in a fight with insurance companies. An motorcycle accident lawyer representing you can do it for you.
Common Causes of Motorcycle Accidents
Motorcyclists are usually depicted in film and drama as reckless riders or crazy speeders, but actually those causing the majority of car-motorcycle collisions are the drivers of vehicles, not motorcyclists. A few common factors that could have contributed to motorcycle accidents are:
– Distracted driving (A driver of vehicles failing to see a motorcyclist due to his/her negligence, perhaps by conversations with passengers or phone use);
– Speeding or drunk driving
– Reckless driving
– Defective parts;
– Poor road conditions;
No matter how well a motorcyclist rides, many other factors could lead to them being involved in a crash when Vehicle driver:
1. Makes a turn directly in front of motorcyclist
Usually, this occurs when a driver fails to pay attention or look out for blind spots. He/She fails to come to a complete stop before turning right on red in violation.
2. Changes a lane without an accurate checking (Fail to check blind spots for motorcyclists before changing lanes)
When vehicle changes a lane, vehicle driver can lose sight of motorcyclist, especially when he/she is in a blind spot.
Sometimes, vehicle drivers fail to yield right-of-way to the motorcycle, particularly during lane changes.
So pay attention when you, motorcyclist, are next to car, so that you can better react his/her move.
3. Sees the motorcyclist, but vastly underestimates the speed at which the biker is traveling
4. Fails to yield the right-of-way to motorcyclists
5. Has no understanding of how to safely share the road with motorcyclists
6. Makes sudden stop
Even the most cautious rider can get rear-ended due to the sudden stop of vehicle, failure to secure safe distance or etc.
7. Tailgates motorcyclists
8. Runs a red light or stop sign without seeing the approaching motorcycle.
9. Exceeds the legal speed limit on the street.
10. In Poor road conditions (Road hazards)
There are countless causes of motorcycle accidents and a motorcyclist’s relative exposure to the elements leaves them vulnerable to the negligence of other motor vehicle operators.
A motorcycle accident lawyer can help determine cause as well as liability by conducting an investigation of the crash site and working with other relevant professionals.
Common Injuries of Motorcycle Accidents
Due to the severe nature of bike crashes, motorcycle accidents often lead to serious and debilitating injuries, including:
– Broken bones, including arms, legs, ribs
– Bone Dislocation
– Brain injuries, including a Mild Traumatic – Brain Injury or MTBI
– Neck and Spinal cord injuries
– Nerve damage
– Psycological and emotional Trauma
– Permanent disfigurement
– Internal organ injuries
– Cosmetic Disfigurement (Skin abrasions and serious bruising)
– Lacerations, Contusions and Abrasions
* Road Rash
While there are a variety of injuries sustained by motorcyclists who are in an motorcycle accident, one of those is road rash, usually being considered of a relatively minor injury.
“Road rash”, skin injury, is a colloquial term which encompasses the abrasions received by a motorcyclist when they are involved in a crash, thrown from the motorcycle and slide along an asphalt or gravel road surfaces. The term may be applied to both a fresh injury and the scar tissue left by an old one.
While road rash has many degrees of severity, in some instances it can be extremely serious and even fatal should infection set in.
According to severity, road rash is categorized from first degree to third degree like burns.
Motorcyclists can reduce the risks of road rash by wearing the appropriate motorcycle personal protective equipments such as a full face helmet, protective clothing, gloves and boots.
* Spinal Cord Injuries and TBIs
When motorcycle accidents occur, unfortunately, most of motorcylces provide motorcyclists with very little protection unlike those in cars and trucks. So motorcycle accidents result in them suffering fatal and catastrophic injuries, such as spinal cord and traumatic brain injuries (TBI), or death.
Spinal cord injuries and TBIs are life altering, with victims often never able to do many of the things they love ever again.
Spinal cord injuries usually begin with a sudden, traumatic blow that fractures or dislocates your vertebrae, the bone disks that make up your spine. It often causes permanent changes in strength, sensation and other body functions below the site of the injury. Some injuries will allow almost complete recovery, but others will result in complete paralysis.
Traumatic brain injury(TBI), a form of acquired brain injury, is a complex injury with a broad spectrum of symptoms and disabilities. It occurs when a sudden trauma causes damage to the brain. TBI can result when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue. Symptoms of TBI include headache, confusion, lightheadedness, dizziness, blurred vision or tired eyes, ringing in the ears, bad taste in the mouth, fatigue or lethargy, a change in sleep patterns, behavioral or mood changes, and trouble with memory, concentration, attention, or thinking.
There are a few other types of damages which may be applicable in a pedestrian injury case. Contact Richard D. Hoffman Law Firm for a detailed explanation of what may be available in your motorcycle accident injury case.
* Get a Checkup after Accident.
Even if you think you are fine after an accident, you have to get a checkup.
It is very important for compensation and lawsuit. In many cases, the victims think they are okay and there is no health problem following the motorcycle accident, but many days or weeks later, they feel pain or find injury sustained from the collision. But it is much more difficult to convince an insurance company that you receive your injuries from the motorcycle accident.
So, you have to get a checkup after a motorcycle accident.
Recovering Compensation for Motorcycle Accidents
One of the most common questions asked by our clients is “what is the value of my case?”. The average settlement amount of a motorcycle accident lawsuit is dependent on several factors unique to each case.
If you’ve been involved in a motorcycle accident that was not your fault or mostly not your fault, you may wonder what compensation you may be entitled to.
And it is very important to fully understant your legal rights for compensation in your car accident, and the value of a motorcycle accident case is generally determined by:
– The extent of the damage to property
– The extent of injuries of the victims
– The size and type of insurance policies held by both the neglectful party and the victims.
Of course, it can vary depending on a number of factors.
For a motorcycle accident case evaluation, contact a motorcycle accident laywer.
He will support you in bringing appropriate legal action against an insurance company or the plaintiff.
And your lawyer can guide you whether your accident was happened by driver’s negligence, manufacturer liability or malicious intent.
Whether you are dealing with an uninsured driver or an uncooperative insurance company seeking to reduce or deny your compensation for damages, motorcycle accidnet lawyers are committed to obtaining maximum compensation on your behalf.
In situations where Personal Injury Protection(PIP) insurance does not sufficiently cover damages, you may be entitled to full or partial compensation beyond your coverage limitations.
Motorcycle accident injuries often leave riders with huge medical bills, loss of wages and income earning ability as well as other pain and suffering.
It is crucial that your legal rights to compensation under California Law are protected after a motorcycle accident, and it is our job to make sure you receive the full and just compensation.
The insurance company will work against you to deny or minimize your recovery. So you need a motorcycle accident lawyer to fight or negotiate with the accident driver and his/her insurance company.
At the Law Firm of Richard D. Hoffman, our expert motorcycle accident lawyer will support you in bringing appropriate legal action against an insurance company or the defendant.
As a victim of a motorcycle accident, you may be entitled to recover compensation for the following:
* Compensation for economical damages
– Compensation for all current and ongoing medical costs and prescription drug cost (Often referred to as “Medpay,” this pays medical expenses for driver and passengers injured in an accident.)
– All future medical and rehabilitations costs including corrective and revision surgeries when required
(These expenses could include emergency room charges, hospital expenses, surgical procedures, the cost of rehabilitative services or assistive devices, prescription drugs and other medical expenses related to your motorcycle accident.)
– Payment for loss of wages and future income earning ability
(If you were unable to return to work after motorcycle accident, you could be entitled to recover lost wages. And if your injuries were severe that you will never be able to return to work, you could be compensated for future lost income.)
– Payment for loss of essential home services (An injured homemaker who suffers injuries from an accident and who now needs to hire someone to do their household work may be compensated for the loss of the ability to do domestic work.)
– Payment for loss of property (damage to your motorcycle)
* Compensation for non-economical damages
– Payment for pain and suffering for for the physical pain you suffered as a result of the injuries sustained in your motorcycle accident
(The type of injury, the level of pain, and how long that pain can reasonably be expected to continue will factor into these damages.)
– Payment for emotional and psychological distress including mental trauma, post traumatic stress, and depression resulting from the accident
(If you suffered a catastrophic injury such as a traumatic brain injury or spinal cord injury, you could be entitled to damages for the mental pain and anguish you have suffered.)
– Payment for loss of consortium if a motorcycle accident resulted in a strain on your marital relationship.
(Your uninjured spouse could be entitled to recover damages for loss of marital companionship, sexual relations, comfort and affection-also known as loss of consortium.)
– Payment for the inability to have children due to accident-related injuries
As you can see, many of these compensation caluses are subjective or subject to interpretation. How do you show your pain and suffering and how do you prove that you will lose income in the future based on your potential? It may be difficult to put a figure on these types of damages and the amount of money which can be obtained for this type of damage is a question of fact for the jury.
It is our job to maximize your compensation by fully demonstrating the degree of your damages and injuries. Whether its employing the services of an occupational expert to show future loss of earnings, or a medical professional to prove the true level of pain and suffering, we will go the extra mile for our clients.
Our firm has been successful in settling cases and convincing juries to award the maximum amount of pain and suffering, and non-economic damages that our clients deserve. Depending on the types of injuries suffered, and whether or not the injury is permanent or has permanently changed a person’s life, the value of non-economic damages may be in the millions of dollars.
The defendant, his/her insurance companies and defense lawyer will do everything to deny or minimize your damage and injuries. We will protect your rights for compensation.
* Punitive damage
If your motorcycle accident was the result of deliberate or malicious actions by another person, you may be entitled to punitive damages.
Punitive damages could be awarded when the plaintiff displays an intent to cause harm or a reckless disregard for the life of victims. In this case, the defendants will receive all or some portion of the punitive damage award.
* Wrongful death (Fatality)
Wrongful death is a claim against a person held liable for a death in a motorcycle accident. Form more on wrongful death lawsuits click here.
In the event of death, certain family members and relatives can pursue a wrongful death claim.
Who is Liable for a Motorcycle Accident?
If you were injured or your loved one died in a motorcycle accident, who is at fault and liable for an accident? It is the most important issue after an motorcycle accident.
In the vast majority of accidents involving a motorcycle and an automobile, the driver of the automobile is found to have violated the motorcyclist’s right-of-way, or simply failed to see the biker.
When you call, we will conduct a thorough review of your case and fully explain your rights under the law.
We will explain your rights, the legal options available to you, and how we can assist and help you with your motorcycle accident case.
And we will answer all your questions honestly.
You will surely have an opportunity to discuss the details of your case with our experienced lawyer.
And we will fully investigate your case to determine how your injuries occurred and seek full compensation on your behalf. We will obtain a fair settlement as quickly as possible.
And if necessary, we are fully prepared to take your case to court.
We know that you are in a difficult time. But you are not alone. We are here to help you.
Case consultations are absolutely FREE and are provided with no obligation to you.
* It’s better to talk to a motorcycle accident lawyer first before dealing with an insurance company
After a motorcycle accident, it’s better to talk to a lawyer first, not an insurance company.
Of course, you can report the accident to your insurance company and give a statement to your own insurance company.
But you should not talk to the other party’s insurance company or give them your statement. Because they can use your statement against you to minimize or deny your injury and claim.
* Potential Liability of Motorcycle Driver
In some case, in motorcycle accidents, the motorcyclists may have some or more liability for the accident. In these cases, the injured motorcyclist may still be entitled to compensation because California is a pure comparative fault state.
Pure comparative fault (pure comparative negligence) allocates fault between the parties, the plaintiff and the defendants, reducing recovery accordingly by the percentage of fault attributable to them.
For example, a plaintiff who was at fault of 70% for an accident should pay 70% of damage for the defendant. Of course, a defendant who suffered injuries could only recover 70% of losses from the other party.
Comparative negligence or comparative Fault is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree or percentage to which the plaintiff’s own negligence contributed to cause the injury.
If there was an vehicle-motorcycle crash between quick lane changing driver and a driver exceeding the speed limit, the court may ruled that both are responsible for an accident and can recover accordingly by the percentage of fault.
An experienced and skillful motorcycle lawyer can maximize recovery even with a finding of some fault, whether at 50%, 80%, or 99% recovery.
* Accident due to a Defective Motorcycle
Your motorcycle accident could also have been caused by a defective motorcycle or motorcycle part, in which case you could file a product liability claim against the manufacturer.
If faulty design, manufacturing or labeling was responsible for your accident and subsequent injuries, you need a motorcycle accident lawyer who can indentify what specific defect caused your accident and how. Experts may be brought in to thoroughly analyze the accident.
It must also be shown you were operating the motorcycle as it was intended to be operated at the accident. Your motorcycle accident lawyer can help you for this.
Factors to Determine Fault After a Motorcycle Accident
After a motorcycle crash, accident parties want to know who was at fault. There are many factors involved in determining who was at fault for the motorcycle accident, including:
* The police report.
The police report is most important factors in the determination of who was at fault in a motorcycle accident.
Police officers are trained to determine fault listening conflicting stories of both sides, and are also trained to accurately read and analyze the evidence at the scene of the accident.
So insurance companies are typically put the most weight in the police report to determine who was at fault.
* Evidence collected by parties of accident.
After a motorcycle crash, it is very important to take photographs of the vehicles, injuries and the scene of the accident, if you are not severely injured.
And if there were witnesses to the accident, write down names and phone numbers, and then give it your motorcycle accident attorney.
It is also extremely helpful to determine who was at fault in an accident.
* Which driver admits fault at the scene.
It is very important that you never admit fault at the scene of an accident. You may not actually be aware of the true cause and fault of your accident, but if you admits fault at the scene, it would be very disadvantageous to you.
After a motorcycle crash, cooperate with the police and exchange information with the other driver, but do not say anything about the accident. The police and your insurance company will determine who was at fault after reading and analyzing the evidence at the scene.
How a Motorcycle Accident Lawyer Can Help You
Unfortunately, motorcyclists are often seen as reckless or stunt riders, thrill-seekers, and crazy speeders who routinely exceed the speed limit and take unnecessary risks in movies and dramas. They depicts motorcyclists as free-spirited, law-flouting, and drug-fueled outlaws. Some people think only of a gang, when they think of motorcyclists. It’s a stereotype for motorcyclists. Because of this, it is essential to have a motorcycle accident lawyer who understands the types of biases which exists against motorcyclists and knows how to overcome them. An experienced motorcycle accident lawyer understands the obstacles motorcycle accident victims and their families face after a crash.
Moreover motorcycle accident is very fatal. Therir injuries require costly and long-time or life-time care and treatment. Sometimes, they are unable to work anymore after an accident. Especially, for victims or families who lost a loved one in a motorcycle crash, there is nothing that will ever make them whole again.
But motorcycle accident lawyer help them receive full and just compensation for injuries and damages. An experienced motorcycle accident lawyer knows the law governing complicated legal issues and can help you obtain the compensation and results that you’re entitled to under California law.
Call to Los Angeles Motorcycle Accident Lawyer Now
Motorcycle accident claims are difficult type of lawsuits to present to a jury. Because of the stereotypes and prejudices of motorcyclists, the odds are always stacked against the motorcyclist even in motorcycle accident cases. Insurance companies try to portray them as reckless driver and place the blame on them.
So, sometimes motorcyclists frustrate and angry because a police report has wrongfully put them at fault or because the insurance company has denied their claim.
We conduct a thorough investigation into your accident in order to determine the cause of your accident and identify the responsible parties. And we use accident reconstruction methods and expert testimony to reverse the results and prove a claim was erroneously denied.
Once your lawyer obtained all the facts and informations regarding your accident, the lawyer file a claim on your behalf, build a strong case, negotiate with the insurance company, and represent you at trial.
* Talk to a Lawyer Before You Talk to The Insurance Company
What We Can Do for You
– Introduce caring doctors
– Make a thorough investigation of accident
– Found out the cause and fault of accident and the liable party or parties
– Handle your personal injury lawsuit including mediation, arbitration, depositions, and trial
– Keep updating and delivering of the process of your case
Verdicts and Settlements
At the law firm of Richard D. Hoffman, we have successfully represented clients in a variety of bike accidents. Our lawyers have extensive experience with these matters, and have obtained full and fair compensation.
We fight the insurance companies quick to put the bicycle rider at fault or try to minimize compensation for the accident. We stand up for your rights and make sure that your voice is heard.
Contact Us Now
Do you need a motorcycle accident lawyer who can help you and give legal guidance for your claim?
You can call us now with (323) 782-8600 or send email via Info@RichardHoffmanLaw.com.
We can give you an English, Spanish and Korean service.
We are here to help you.
Get Help Today.