Motorcycle accident laws aren’t always the same as auto accident laws in Los Angeles. There are occasions when you might have questions related to your accident whose answers aren’t always evident. These are the most frequently asked questions about motorcycle accidents laws in California.
If a car turns left in front of a motorcycle and an accident results, who is at fault?
If a car is making a left-hand turn, then the driver is almost always liable for any accident with an oncoming vehicle that is coming straight towards you, regardless of whether it is another car or a motorcycle. The only exceptions are if it can be proven that the oncoming car was going at an excessive speed or if they ran a red light, which caused the accident.
What is comparative negligence and how does it affect who is liable in a motorcycle accident?
There are times when you are involved in an accident in Los Angeles where not just one motorist is at fault. Sometimes a combination of negligence can befall both vehicles. Comparative negligence is when both parties are partially responsible and liable for any damages or injuries. Each party is assigned a portion of liability, and then they pay according to whatever their comparative percent of negligence is. For motorcyclists, common conditions that can lead to comparative negligence are having an inoperable tail light, a broken headlamp or a failing brake light.
If I am in an accident, will my medical insurance pay for any time I miss from work?
If you are injured while riding a motorcycle, it doesn’t matter if you were paid by your employer for sick leave or vacation time while you were healing, if you paid for your medical expenses out of pocket, or your medical insurance covered you. If, however, there is a settlement in your favor regarding the accident, then your medical insurance might be eligible to recover for whatever portion they covered out of your settlement award.
What should I do if I am in a motorcycle accident?
If you are in a motorcycle accident, one of the best ways to ensure that you are protected is by hiring a Los Angeles motorcycle lawyer who specializes in accident law. If you can’t get in touch with someone immediately, it is imperative that you not admit fault or recount parts of the accident that would indicate that you were at fault. You will want to seek medical attention, if necessary, and document all pertinent information about the other driver, take pictures of the scene and make sure to keep all the receipts for both medical and property damage costs. Also, stay off of social media. Anything that you post can be used against you if the case should have to go to trial.
Do I have to wear a helmet in Los Angeles?
It is a law in California that you have to wear a helmet while you are riding a motorcycle. It is also a law that anyone riding alongside you has to have a helmet on too. If you are pulled over without a helmet on, you will receive a ticket. Also, if you don’t wear a helmet and you get into an accident, you might not be able to recover your damages since you were breaking the law.
What do I tell the police if I am in an accident?
If you are in a motorcycle accident, it is imperative that you contact law enforcement at the scene to have a police report initiated. It is going to be necessary for the insurance company to have a police report. While speaking with the officer, it is critical that you tell the truth about what happened, but don’t admit guilt or make any statements of fault. Stick to the facts about what happened and don’t try to make any judgments as to who is at fault.
Do I need a lawyer if I am in a motorcycle accident?
If you are in a motorcycle accident, then it is best to consult a Los Angeles attorney to make sure that you are protected. Don’t ever take a settlement with an insurance company without first having an attorney look it over. Once you sign a settlement agreement, any further damage or injury will be your responsibility.
If you are in a motorcycle accident, it is important to take the right steps to ensure that you are protected and that your damages and injuries are paid for.