Sherman Oaks
Motorcycle Accident Attorney
Any motor vehicle accident can result in severe injuries, but collisions involving motorcycles are particularly devastating. Motorcyclists do not have the protection other motorists do on the road, such as airbags and seat belts. Bikers will also suffer the direct impact of a crash, as they do not have a vehicle between them and the road.
The injuries sustained during a motorcycle accident are extremely serious. It is not uncommon for motorcyclists to be left with high medical bills, and at a time when they are unable to return to work to pay for them. In the most tragic of cases, bikers may even lose their life during the accident, or later succumb to their injuries. If you have been hurt, it is crucial that you speak to a Sherman Oaks motorcycle accident attorney who can help you claim the full and fair compensation you deserve.
Causes of Motorcycle Accidents in Sherman Oaks
Like any motor vehicle accident that occurs on the roads, motorcycle accident injuries are caused by many distinct factors. However, most of these collisions are caused by the following negligent actions:
Improper lane changes made by drivers who do not use turn signals, change lanes without warning, or drift into another lane
Distracted driving, which causes the majority of rear-end accidents involving motorcycles
Dooring, or opening the door of a parked vehicle directly in the path of an oncoming motorcycle
Failure to properly yield in intersections, which can cause head-on collisions or side-impact accidents, which are often fatal for bikers
Failure to properly maintain broken asphalt, uneven road surfaces, and potholes
Discovering what caused an accident is a crucial first step in any motorcycle accident claim, as this is the only way to determine who is liable for the crash.
Determining Liability for Motorcycle Accidents
Motorcyclists have more challenges than drivers when filing a claim for compensation after a motorcycle crash. Insurance companies and negligent parties often try to shift the blame for an accident to the biker, arguing that they are reckless and dangerous. Most of the time, this is not true. Bikers are fully aware of the dangers they face while on the road and so, they are usually quite cautious. The parties who are found at fault for motorcycle accidents are often as follows:
Careless drivers: Multiple studies have shown that negligent drivers of passenger vehicles cause most motorcycle accidents. Motorists do not look and watch out for bikers the same way they do other drivers. Sometimes, they can even become aggressive around bikers and fail to respect the right of motorcyclists to use the roadways.
Negligent manufacturers: There are many moving parts on a motorcycle and they must all function properly to keep the biker, and everyone else on the road, safe. When a motorcycle or any part of a motorcycle, such as the tires or brakes, are defective, manufacturers can be held responsible for paying compensation to cover the losses of the motorcyclist.
Negligent property owners: Property owners have a legal duty to ensure their premises are safe for other people to enter, including motorcyclists. For example, a hotel parking lot could have a large pothole that poses a great danger to bikers. If the hotel owner knew about it, but did nothing to fix the condition or warn people of it, they could be held liable for any injuries that result.
Government entities: Just as owners of private property can be held liable for any dangerous conditions, so too, can government entities. Local, state, and federal governments have a duty to make sure roads are designed properly, that they have adequate signage, and that the roads do not contain any defects. Any government that fails to meet this obligation can be held liable for any injuries caused by an accident.
What are Common Motorcycle Injuries?
The injuries motorcyclists sustain during a crash are wide-ranging, but they are often life-threatening. Even when a biker’s life is not in danger, the injuries sustained during an accident often need months of rehabilitation. The most common injuries seen by motorcycle crashes are as follows:
- Amputations
- Compound fractures
- Traumatic brain injuries
- Facial injuries, including broken bones
- Severe lacerations
- Road rash
- Contusions and abrasions
- Spinal cord injuries
- Damage to internal organs
The above injuries are not only extremely painful and require months of treatment, but they are also very costly to treat. If you have been hurt, it is important to reach out to a Sherman Oaks motorcycle accident attorney who can help you claim full and fair compensation.
Damages Available After a Motorcycle Accident
Motorcycle accidents cause some of the most serious injuries and you can file a claim for compensation to cover your losses. Motorcycle accident claims are meant to restore bikers to the state of health they were in before the crash. The compensation that is available after your motorcycle accident will depend on the circumstances of the crash and the losses you incurred. However, there are some damages that are more commonly awarded after a crash than others. These are as follows:
- Medical expenses, including hospital stays, the cost of treatment, x-rays, physical therapy, ambulance services, and the cost of transportation to and from doctor’s appointments
- Lost wages, bonuses, benefits, sick pay, and vacation pay
- Pain and suffering
- Property damage
In the most tragic of cases, bikers do not survive the accident. In these instances, family members of the motorcyclist can file a wrongful death claim. Through this type of claim, family members can recover their own losses, including funeral and burial costs, and the loss of companionship and support of the deceased.
How Oaks Law Firm Can Help with Your Motorcycle Accident Case
Anyone hoping to recover compensation needs evidence to make their claim. Accidents can happen quickly, and it’s not unusual for riders to be clueless about what caused their accident. A seasoned personal injury attorney can quickly begin assembling evidence. For example, we can track down witnesses using the accident report and interview them about what they saw. Witnesses often serve as the foundation of many motorcycle accident claims.
We provide other helpful services to our clients, including:
- Filing forms with insurance companies and answering their questions.
- Documenting your economic losses, such as medical treatment and bike repairs.
- Working with your medical team to fully understand the severity of your injuries and your pain, including expected future medical care and expenses.
- Negotiating a settlement for compensation.
- Attending mediation and helping you evaluate your settlement options.
- Filing a lawsuit, where appropriate, when negotiation and mediation fail.
- Presenting your case to a judge and jury.
By handling all these tasks, we relieve you so that you can focus on your physical recovery, which is usually a full-time job. Contact our Sherman Oaks motorcycle accident lawyer today if you have a question about our services.
Suing the Government for Road Defects
Potholes and other defects can send riders flying. However, to properly bring a claim against a government agency or municipality, you must follow specific rules that apply only to government defendants.
In particular, you need to submit a written claim within 6 months of the accident to the appropriate agency. They probably have a form you can fill out. If you don’t meet this deadline, you may lose the ability to sue for your injuries. This is one reason to reach out to Oaks Law Firm to speak with a motorcycle accident lawyer about your case.
What to Do After a Sherman Oaks Motorcycle Accident
Our motorcycle accident attorneys recommend that you try to do the following if you are able:
- Call the police and report the crash. A responding officer can create an accident report and talk to witnesses. Insurance adjusters want to see an accident report so that they can be sure the collision really happened.
- Take photographs of the accident scene. Zoom in on all vehicles, your bike, and anything else that looks relevant.
- Identify any witnesses and ask them what they saw. Request their name and contact information in case your lawyer wants to speak to them later.
- Do not admit fault for the crash, even if the driver is angry and blaming you. You also don’t need to apologize. To avoid escalating the situation, spend time taking pictures and talking to witnesses—not the driver who hit you.
- Visit the hospital when you finish at the accident scene. Tell your doctor or nurse that you were involved in a motorcycle collision, and follow their orders so you can accelerate the recovery process. This means taking all prescription drugs and availing yourself of therapy and other rehabilitation.
These steps will make seeking a settlement from the defendant much easier.
Contact Our Motorcycle Accident Attorney in Sherman Oaks
If you or someone you love was seriously injured in a crash, our Sherman Oaks motorcycle accident attorney at Oaks Law Firm can help you claim the full compensation you are entitled to. Call us now at 877.539.5366 or contact us online to schedule a free consultation and to obtain the sound legal advice you need. From our Sherman Oaks office, we help victims of auto accidents, truck accidents, construction accidents, and brain injury accidents to name a few in Van Nuys, Encino, North Hollywood, and all surrounding areas.
(877) 539-5366
Recovering the Damages You Deserve
If someone else is to blame for your injuries, you have the right to seek compensation for the full amount of damages you've suffered. These damages can include medical expenses, lost wages, property damage, as well as pain and suffering. You must bring forth your claim within one year of the accident date. Not filing your case within one year will bar you from recovery.
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