What You Should Know If You're Involved In a Motorcycle Accident

Find an Experienced Motorcycle Attorney
Motorcycle accidents are different from car accidents. Motorcycle accidents generally result in greater injuries and longer rehabilitation periods. An experienced motorcycle accident attorney is familiar with the common causes of motorcycle accidents, the types of injuries sustained and how to document injuries and damages. An experienced motorcycle accident attorney knows how to evaluate and present your case for maximum recovery.

Don’t Discard Evidence
You will want to keep photos of the damage to your bike as evidence. Don’t discard any parts of the bike that could be valuable evidence as to the cause of the accident. In some cases, the entire bike should be preserved as evidence.

Getting Your Bike Repaired or Replaced

Be forewarned that insurance companies rarely settle claims involving motorcycle accidents quickly, largely because insurance companies are used to valuing autos, but have less of an understanding of the value of a motorcycle, especially if the motorcycle is customized. Processing times of six weeks to three months or more are not unusual. In order to maximize reimbursement, you may need to provide some supporting documentation showing the value of your bike by getting written opinions as to the bike’s value from motorcycle dealers or people within the custom motorcycle industry, or presenting the insurance company with advertisements for the sale of similarly equipped bikes.

Keep in mind that if your bike is totaled, you are entitled to the loss of title and tax when replacing your bike. You may also be entitled to compensation for motorcycle rental expenses.

Dealing with an insurance company can be complicated. An experienced motorcycle injury attorney can help you negotiate with the insurance company to resolve your claim quickly and for full value.

You May Need to File a Report with DMV
If you are involved in a motorcycle accident, you should know that California law requires you to take certain action. The financial responsibility sections of the California Vehicle Code applies to two-wheel vehicle owners and operators. If you are operating a motorcycle that causes more than $750 in property damage to one person (including yourself), or which causes injury to anyone (including you), no matter how slight the injury, you must report the accident to the DMV. The CHP or police will not notify the DMV on your behalf. You (or your insurance agent, broker, attorney or other legal agent) must make the report.

When and How to File a Report
The report must be filed with the DMV within ten (10) days of the accident, and must be filed on a DMV form called Report of Traffic Accident Occurring in California (SR1). The form is available at any DMV or CHP office, or you can download it off of the California DMV’s website. Your attorney can also assist you with filing the report and will advise you of any other legal action you must take.

California Motorcycle Laws

Motorcycle ridership has increased tremendously in Southern California. Increased traffic congestion and rising gas prices have resulted in more people opting to ride their motorcycle rather than drive their car. Unfortunately, the increase in motorcycle ridership has led to an increase in the number of motorcycle accidents in the Los Angeles area. The purpose of this blog is to highlight some of the relevant laws applying to motorcycle riders in California.

California Motorcycle Equipment Requirements
Custom bikes and choppers are very popular, particularly in Southern California, where there a number of custom motorcycle specialty shops. If you have recently moved into California or are operating a motorcycle in California, you should be aware of the following motorcycles equipment regulations:

• A DOT approved helmet is required.
  
• Rear-view mirrors are required.
  
• Brakes are required on both wheels.
  
• Handlebar height requirement- hand grips must be below shoulder height.
  
• Passenger seat and footrests are required when carrying a passenger.
  
• Headphones are prohibited if worn simultaneously in both ears (single ear is OK).
  
• Turn signals are required for motorcycles manufactured after September 1, 1973.
  
• Daytime headlamps required for motorcycles manufactured after September 1, 1978.
  

Motorcycles in California are subject to random inspections.

Operating a Motorcycle in California
If you are operating a motorcycle in California, you should be aware of the following statutes concerning motorcycles and their operation.

• License and permit requirements: to operate a motorcycle on public highways or in California, you must have an M-Class license. The DMV will issue an M endorsement after passing both a written test and a road test.
  
• California insurance requirements: Drivers involved in an accident must prove the existence of financial responsibility (usually liability insurance) or risk a one-year suspension of their driver's license.
  
• Helmet law: California requires riders to wear Department Of Transportation (DOT) approved helmets.
  
• Lane splitting: Lane splitting is legal in California, however, if you are involved in a collision while lane splitting be forewarned that the police will generally blame you for the crash.
  
• Statute of limitations: It is important to consult with an attorney soon as possible if you are involved in a motorcycle accident because the statute of limitations limits the amount of time you have to file a lawsuit.
  

The National Transportation Safety Board (NTSB) recently issued a warning about helmets that are not DOT approved. It seems some companies are mislabeling helmets with stickers indicating the helmets are DOT approved. Don’t purchase a helmet with a removable sticker. DOT approved helmets should be appropriately stamped at the back of the helmet.

I hope you found this information helpful. Thanks for reading my blog. If you have a question or comment, please feel free to post it here, but keep in mind your response will not be confidential. If you have been injured or if a loved one has died in a motorcycle accident, seek experienced legal representation; contact me for immediate help and assistance.

NTHSA Releases Motorcycle Action Plan

The National Highway Traffic Safety Administration (NHTSA) recently released its Motorcycle Action Plan. The plan aims to reduce the increase in motorcycle fatalities over the past several years. Some of the plan’s highlights include:

• Conducting a study of the causes and outcomes of motorcycle crashes and using this information to develop stronger programs and strategies to combat the rising trend in motorcycle accidents
  
• Developing entry level standards for the training of new motorcycle riders
  Amending the Federal Motor Vehicle Safety Standard (FMVSS) No. 218, which regulates motorcycle helmet safety standards, to address the falsification of helmet certifications
  
• Distributing to road planners, designers, and engineers official guidance on design, construction, and maintenance of roadways to increase motorcycle safety
  Marketing a “Share the Road” campaign for use by states, local communities and motorcycle organizations
  
• Creating a law enforcement training program to educate police on motorcycle safety and specific enforcement efforts that can reduce motorcycle crashes
  Some of the ways the NTHSA is working to reduce the number of motorcycle accident fatalities include:
  
• Making improvements to vehicles by conducting vehicle research: The NTHSA conducts safety studies focusing on two areas; braking and conspicuity. The organization conducts research on the effectiveness of new lighting technology and daytime running lights, and braking systems including anti-lock and combined braking systems.
  
• Increasing the use of helmets and other protective gear: While the State of California requires Department Of Transportation (DOT) approved helmets, in some states helmets are optional. Nationwide, 45% of fatally injured motorcyclists were not wearing helmets.
  
• Encouraging riders to take basic and advanced ridership skills courses, especially riders over the age of 40, who represent the largest growing segment of motorcycle ridership. Two-thirds of all motorcycles killed while riding the most powerful motorcycles (1001-1500 cc engines) were riders over the age of 40.
  
• Reducing the incidence of drinking and riding: 41% of the 1,878 motorcycle riders who died in single vehicle crashes in 2005 had a blood alcohol concentration (BAC) of .08 or higher.
  
• Increasing the awareness of other motorists of the presence of motorcycles on the road. Fifty-five percent of all motorcyclists killed were involved in accidents with other vehicles.
  

If You Have Been Injured in a Motorcycle Accident, Seek Legal Advice ImmediatelyIf you’ve been involved in a motorcycle accident, you must take action to protect your rights. It is important to act promptly to preserve evidence, investigate the cause of the accident, and to file a lawsuit prior to the deadline imposed by the statute of limitations. Call or e-mail me for immediate assistance

Increase in Motorcycle Popularity Leads to Increase in Motorcycle Accidents

Due to increases in gas prices and traffic congestion, motorcycle ridership is currently at the highest level since the 1970’s. Unfortunately, the increase in motorcycle popularity has also resulted in an increase in accidents and fatalities involving motorcycles. Over 1,000,000 motorcycles were sold in 2006 alone, and in 2006 motorcycle fatalities reached the highest level since 1981, with 4,652 riders dying in motorcycle accidents. The average age of motorcycle riders is also on the rise, with an increase in riders over the age of 40. Unfortunately, over 40% of motorcycle accident fatalities have involved riders over the age of 40.

Riding a motorcycle is inherently far more dangerous than driving a car. A motorcycle is far less visible than a car or truck, and since lane-splitting is legal in California, many accidents occur when drivers fail to see a motorcycle in their vehicle’s blind spot. Furthermore, the motorcycle offers much less protection to the rider from an impact with a vehicle, thus even low speed collisions between a car or truck and a motorcycle can be fatal to the motorcycle rider.

According to the National Transportation Safety Board (NTSB), some of the most common types of accidents involving motorcycles include the following:
Crashes involving other vehicles: about 75% of all motorcycle accidents involve other vehicles. It is not uncommon for the driver of an automobile or truck to not see a motorcycle and change lanes or turn into its path.
Rear-end collisions: motorcycles are at a high risk of being rear-ended by heavier vehicles that cannot stop as quickly.
U-turns: many car drivers do not look for oncoming traffic when making u-turns. Those who do may not see a motorcycle.
Single-bike accidents: although most police reports will indicate the rider to be at fault in a single-bike accident, much of the time the accident is caused by road debris or other obstacles or hazards. Single-bike accidents can take several different forms including the high-slide, the low-slide and the “endo” (flipping the bike due to a sudden breaking of the front wheel).
Rope or chains across paths: some property owners illegally place chains and ropes across trails in an attempt to keep bikers away. Property owners are not allowed to install such traps and can be held liable for any accident caused by doing so.
Road debris: grease, motor oil, loose pavement, uneven surfaces, and potholes can all cause a motorcycle to lose control and crash.
Car doors opening unexpectedly: many people exiting their cars do not see the oncoming motorcycle before swinging their doors open.

In October of 2007 by the National Highway Traffic Safety Administration (NHTSA) released a report entitled “Bodily Injury Locations in Fatally Injured Motorcycle Riders” suggesting a direct correlation between helmet use and motorcycle fatalities. In fatal motorcycle accidents, 51% were not wearing helmets, whereas only 31% of those wearing helmets suffered a head injury. The study also reported 61% of motorcycle fatalities involved a head injury of some type.

Thanks for reading my blog. If you have a question or comment, please feel free to post it here, but keep in mind your response will not be confidential. If you have been injured or if a loved one has died in a motorcycle accident, seek experienced legal representation; contact an experienced personal injury attorney for immediate help and assistance.