Los Angeles CALIFORNIA
MOTORCYCLE ACCIDENTS LAWYER
Motorcyclists continue to be overrepresented in deadly traffic collisions. According to the National Highway Traffic Safety Administration (NHTSA), in 2018, 4,985 motorcyclists died in crashes. The numbers are relatively higher in states with favorable weather year-round, like California, which allows riders to be on the road more often. Nice weather, coupled with dangerous and busy road conditions, calls for a recipe for disaster for motorcyclists involved in a crash.
If you or a loved one has suffered serious injuries in a motorcycle accident through no fault of your own, you need to hire an experienced motorcycle accident attorney to handle your case and get you the full extent of the money damages that you deserve. The attorneys at the Law Offices of Samer Habbas & Associates are dedicated to protecting your legal rights and working hard to get you the compensation that you are entitled to.
With multiple offices located in Los Angeles, El Segundo, Irvine, San Diego, and Riverside, our personal injury lawyers represent motorcycle accident victims throughout California. We have successful recoveries in San Jose, Oakland, San Francisco, Stockton, Merced and other cities throughout Northern and Central California. For more information or to schedule a complimentary case consultation with an attorney, please call 888-848-5084.
COMMON CAUSES OF MOTORCYCLE ACCIDENTS
Like accidents of any type, reckless driving, speeding, and use of controlled substances are common causes of motorcycle accidents. The following are the most common causes of motorcycle collisions:
- Unsafe lane changes. Drivers risk crashing into a motorcyclist when they fail to check their blind spot or signal when changing lanes.
- Car doors. Some motorcycle collisions happen when drivers open their car doors in the path of an oncoming motorcycle.
- Drunk while intoxicated. Drivers who cause accidents because they were operating their vehicle while intoxicated can face both criminal and civil liability.
- Lane splitting. Although “lane splitting,” or driving between two lanes, is officially legal in California, it is nevertheless dangerous, especially for inexperienced riders.
- Failing to respect the rider’s right of way.
- Speeding. Speeding is one of the leading causes of all types of motor vehicle accidents because amongst other things. It reduces a motorist’s chance of seeing and reacting to other drivers and motorcyclists in time to prevent an accident.
- Sudden stops. Rear-end accidents resulting from following too closely or an abrupt stop can result in serious or fatal injuries to a motorcyclist.
- Poor and dangerous road conditions. Potholes, cracked pavement, debris, and a lack of necessary signals and signs can all increase a motorcyclist’s chances of losing control and getting into an accident.
- Motorcycle defects. A manufacturer that poorly designs or manufactures motorcycle parts can be held liable for any resulting injuries or death arising from the use of the defective part.
Regardless of what caused your motorcycle crash, you should immediately consult with an experienced Los Angeles motorcycle accident attorney to protect your legal rights. The legal team at the Law Offices of Samer Habbas will fight for you and ensure that the parties responsible for the collision pay for your damages and resulting injuries.
COMMON MOTORCYCLE ACCIDENT INJURIES
Motorcyclists are 18 times more likely than motorists and passengers in cars to be in a fatal accident and three times more likely to sustain serious injuries. Motorcycles offer little protection to riders in the event of a collision. Unlike cars, there are no safety features, such as seatbelts, airbags, and frames.
As such, even the smallest crash involving a motorcycle can result in serious or even fatal injuries to the rider. Injured riders face a long and expensive road to recovery. Their injuries often require extended stays in the hospital, extensive physical rehabilitation regimens, multiple surgeries, time away from work, and many other physical and financial hardships. This makes it imperative to hire the most aggressive Los Angeles motorcycle accident attorney to get the full compensation that you deserve for the injuries you have suffered.
Below are some common types of injuries that accident victims can suffer in a motorcycle crash:
- Open and closed head injuries, such as traumatic brain injury (TBI) and concussion
- Broken bones
- Lacerations, cuts, and bruises
- Neck and back injuries
- Spinal cord injuries
- Internal bleeding
- Damage to internal organs
- Soft tissue injuries
- Nerve damage
Symptoms of certain injuries may take days or even weeks after a crash to become apparent. To prevent further injuring yourself, it is important to immediately seek medical care and treatment after your motorcycle accident, even if you don’t suffer any visible injuries. Our legal team can help set you up with a medical provider in your immediate area, even if you do not have health insurance.
TYPES OF COMPENSATION AVAILABLE TO MOTORCYCLE ACCIDENT VICTIMS
If your motorcycle accident was caused by the negligence or reckless actions of another party, you may be entitled to monetary compensation. The legal term for this kind of compensation is “damages.”
There are different types of compensatory damages, but broadly speaking, they are categorized into general or special damages.
Special Damages: Special damages are designed to compensate accident victims for actual expenses they have incurred as a result of the injuries they sustained. This type of damage is unique to each individual accident victim and is designed to make the victim whole for expenses incurred or for money lost due to the crash that caused the injuries. Common types of special damages include:
- loss of earnings
- loss of future earnings
- medical bills
- cost of future medical care
- household expenses, and
- costs associated with canceled trips or altered plans
General Damages: General damages compensate accident victims for damages sustained in an injury claim that cannot be measured by bills, receipts or invoices. The most common types of general damages include:
- pain and suffering
- mental anguish, and
- loss of consortium or companionship
If you lost a loved one in a motorcycle accident, you may also be entitled to wrongful death damages. Depending on the specific facts of your claim,
- wrongful death damages can include:
- Funeral and burial expenses
- Loss of financial contribution
- Loss of services and support
- Loss of consortium
A court may also award punitive damages in certain cases. This type of damage is not tied to the type of harm you have suffered as an accident victim. Instead, punitive damages are designed to punish the party at fault for certain types of egregious behavior, such as driving under the influence of drugs or alcohol. Courts also generally award punitive damages to deter the reckless or egregious action that caused the accident from happening in the future.
WHY YOU NEED TO HIRE AN EXPERIENCED LOS ANGELES MOTORCYCLE ACCIDENT LAWYER
After a motorcycle crash, it is crucial that you hire an attorney to help you get the full compensation that you deserve. Insurance adjusters will take every step necessary to minimize the payout on an injury claim and settle the case for as little as possible. They especially target motorcycle accident victims who are not represented by an attorney and are trying to settle their claim on their own.
At the Law Offices of Samer Habbas & Associates, we strongly believe in giving each client and case the individual attention they deserve and will work hard to help injured riders and their families receive the maximum compensation. Damages awarded in court or through a settlement can help pay:
- Past and future medical bills
- Loss of wages
- Loss of earning capacity
- Pain and suffering
- Emotional and mental trauma
- Any other expenses you incurred as a result of the accident
Our attorneys have the experience, knowledge, and dedication to identify all of the parties responsible for your crash and seek the full compensation that you deserve.
Contact an Experienced Los Angeles Motorcycle Accident Attorney!
If you or a loved one has been injured in a motorcycle collision, contact the Law Offices of Samer Habbas. Our motorcycle accident attorneys specialize in handling motorcycle accident cases and have the experience to help you recover your lost wages, medical expenses, and any other costs associated with your accident. We will aggressively pursue your claim to ensure that you are rightfully compensated for your injuries.
With multiple offices located in Los Angeles, El Segundo, Irvine, San Diego, and Riverside, our personal injury attorneys represent motorcycle accident victims throughout California. We have successful recoveries in San Jose, Oakland, San Francisco, Stockton, Merced and other cities throughout Northern and Central California. For more information or to schedule a complimentary consultation with a motorcycle accident lawyer, call 888-848-5084.
Frequently Asked Questions
Is lane splitting even legal in Los Angeles?
Yes. California is the only state that expressly permits it under Vehicle Code section 21658.1, and it’s common on the 405, the 101, and the 10 during heavy traffic. Legal does not mean automatically blameless in a crash, though; insurers routinely try to use it as their opening argument for shifting fault onto the rider.
If I was lane splitting when I got hit, does that mean it’s automatically my fault?
No, and this is one of the most misunderstood parts of California motorcycle law. Fault comes down to whether your speed and positioning were reasonable for traffic conditions at the time, not the mere fact that you were between lanes. A driver who changes lanes without checking a mirror is still liable for failing to see you, lane splitting or not.
How does California’s comparative fault rule affect what I can recover?
California uses pure comparative negligence, so even if you’re found partly at fault, you can still recover the percentage of damages that isn’t yours. A rider assigned 25 percent responsibility, for example, still collects 75 percent of the total award rather than being barred outright. That’s a meaningful protection riders in most other states don’t have.
Do I need to have been wearing a DOT-approved helmet to file a claim?
You can file a claim either way, but it can affect the value of head-related injuries specifically. Under Vehicle Code 27803, riding without a compliant helmet can reduce compensation tied to facial or head trauma if the defense proves it made a difference, but it has no bearing on compensation for broken bones, road rash, or other injuries unrelated to the head.
What kinds of crashes make up most motorcycle injury cases in LA?
Left-turn collisions are the single most common and often the most severe, usually because a driver misjudges a rider’s speed or simply doesn’t see them. Unsafe lane changes on the freeway and rear-end collisions in stop-and-go traffic round out the top three. In nearly all of these, “I didn’t see the motorcycle” is treated as evidence of negligence, not an excuse.
The driver who hit me doesn’t have insurance. Now what?
You’re not out of options. If you carry uninsured or underinsured motorist coverage on your own policy, that coverage can step in to pay for your injuries even though the at-fault driver has none. This is one of the more overlooked parts of a motorcycle claim, and a lot of riders don’t realize they’re covered until someone checks their policy for them.
How long do I have to bring a motorcycle injury lawsuit in California?
Generally two years from the date of the crash for personal injury, though it can be shorter if a government vehicle or public road hazard was involved. Waiting doesn’t just risk the legal deadline, it also lets evidence like skid marks, debris fields, and witness memory fade, which makes proving fault harder the longer you wait.
Why do insurance companies seem to lowball motorcycle claims more than car accident claims?
A lot of it comes down to bias. Adjusters know jurors sometimes assume riders are reckless by nature, so they lean on that assumption to justify a lower offer regardless of what the evidence actually shows. Countering that requires building a record around the other driver’s specific conduct, not just your injuries.
What compensation is realistically on the table for a motorcycle injury?
Medical costs, lost wages, future earning loss if you can’t return to the same work, and pain and suffering are the core categories. Motorcycle injuries also tend to run more severe than car accident injuries because riders have no metal frame around them, so orthopedic surgeries, road rash treatment, and long rehab stints are common and factor heavily into case value.
Someone opened their car door into me while I was riding, is that a valid claim?
Yes. Dooring incidents are treated the same as any other negligence claim, since drivers and passengers have a legal duty to check for oncoming traffic, including motorcycles, before opening a door into the road. These cases often come down to witness accounts and roadway positioning, both of which are worth documenting quickly.
How Do Helmet Laws Affect Motorcycle Accident Injuries? 
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