Los Angeles Motorcycle Accident Lawyer

California is home to much of the U.S. motorcycle industry. According to the UC Berkeley, Safe Transportation Research & Education Center, there are over 800,000 registered motorcycles in this state, followed by 550,000 in Florida and 445,000 in Texas.

Due to this high number, California is also one of the top states when it comes to motorcycle fatalities. Between 2011 and 2015, 2,299 motorcyclists suffered fatal injuries either during or soon after a traffic collision. During the same period, 59,745 riders were injured.

Motorcyclists are at increased risk of catastrophic injury because they aren’t protected like those in a car, bus, truck, or another larger vehicle. As a result, these injuries are often fatal, and those who survive may live with catastrophic injuries, such as head trauma, brain damage, amputations, paralysis, and other severely debilitating conditions.

If you’ve been seriously injured by a negligent motorist, your next call should be to a personal injury attorney in Los Angeles, CA. At the law firm of Moaddel Kremer & Gerome LLP, we represent motorcycle accident victims throughout Los Angeles County and Southern California. Our goal is to help you protect your future by securing maximum compensation.

Common Causes of Motorcycle Accidents in Los Angeles

Motorcycle accidents are typically caused by operator error. Listed below are some examples of common behaviors that may result in a crash.

Speeding

Driving at a speed that exceeds the posted limit or is unsafe for the weather or road conditions can put you at risk for losing control. At high speeds, cars and motorcycles are more difficult to control and take longer to stop, making a collision more likely.

Impaired Driving or Riding

In the United States, about 28 people die every day from drunk driving crashes. Vehicle drivers and motorcycle operators who are impaired may experience vision problems, poor judgment, and slowed reflexes, making it impossible to maintain control of the vehicle. Distracted driving, which is when a motorist is not paying full attention to the road ahead, can result in an equally devastating outcome.

Left-Turning Automobiles and Trucks

Motorcyclists face a serious threat of injury when automobile drivers make a left-hand turn and fail to see the motorcycle passing them on the left.

Unsafe Lane Changes

When drivers change lanes, they might not see a motorcycle in their blind spot. By being aware of blind spots and avoiding riding within them, motorcycle riders can reduce the risk of a collision with a lane-changing vehicle.

Lane Splitting

The practice of lane splitting, also known as lane filtering, occurs when motorcycle riders attempt to make up time by riding between lanes of slow or stopped traffic. Those drivers who don’t expect a motorcycle to be riding up on them could move their vehicles into the motorcycle’s path, causing a traffic accident.

The average motorcycle weighs only a few hundred pounds, while a car weighs approximately 5,000 pounds, so bikers have little chance of emerging from a collision unscathed, regardless of how much protective gear they wear. Common motorcycle accident injuries include:

Road rash
Broken bones
Bone fractures
Severe burns
Traumatic brain injury and other head injuries
Spinal injuries
Internal organ damage
Disfigurement
Paralysis
Wrongful death (with a fatal accident)

At Moaddel Kremer & Gerome LLP, an experienced attorney will go over your medical treatment records, the police report, eyewitness statements, and other evidence in your case to determine who was liable and to what extent. Even if you were partially responsible for the accident, you may still be able to recover financial compensation. We will explain your legal options for financial recovery following your motorcycle collision.

Liability in a CA Motorcycle Accident Lawsuit

Generally speaking, California is a ‘fault state’ for motorcycle accidents. This means that the insurance company for the at-fault driver is responsible for paying your damages. If they were uninsured at the time of the accident, you may turn to your uninsured/under-insured motorist coverage policy or sue the driver directly.

In certain cases, injured motorcyclists may file a claim for compensation against an additional liable party. For example:

If you were struck by a commercial vehicle, you may be able to file a motorcycle injury claim against the driver’s employer.
If investigators determine that a defective component, such as the braking system, caused the accident, you may have a product liability claim against the car or motorcycle manufacturer.
If a state or local government failed to maintain the road where your motorcycle accident occurred, they may be liable for your injuries. Uneven lanes, road debris, large potholes, and worn road markings are signs of poor road conditions and maintenance.

Identifying the responsible party for a devastating collision, whether it be a distracted driver or careless government agency, can be challenging and time-consuming. Let an experienced motorcycle accident lawyer at Moaddel Kremer & Gerome LLP investigate and determine liability for your injuries so you can focus on yourself and your family.

Compensation in a Motorcycle Accident Claim

In California, a motorcycle accident victim can file a claim for any financial losses and out-of-pocket expenses arising from severe injuries. There are two kinds of losses: economic damages, which can be quantified through medical bills and receipts, and non-economic damages, like pain and suffering, which are more difficult to quantify but still compensable in this state. Depending on the losses you suffered, you may be able to claim:

Current and past medical costs
Ongoing medical expenses and other future losses
Rehabilitative therapies such as physical therapy and psychological counseling
Loss of income
Disability or another permanent injury
Emotional distress
Mental anguish
Reduced quality of life
Loss of enjoyment of life
Loss of consortium
Wrongful death damages (for fatal motorcycle accidents)
Property damage (for a motorcycle wreck)

If the negligent driver who struck you or the company that employed them was especially reckless, you may also be able to collect punitive damages, otherwise known as exemplary damages. The experienced lawyers at Moaddel Kremer & Gerome LLP can pursue punitive damages on your behalf if, for example, a drunk driver who struck you has a long history of DUI arrests on their record.

What Should I Do After a Motorcycle Accident in LA or CA?

If you’ve been struck while riding your motorcycle, the first thing you want to do is check yourself for injuries. Should you be in serious pain or see visible signs of injury, such as blood or broken bones, don’t move. Instead, ask a bystander to call 911 for you. If you can move, do so carefully and take yourself to a place of safety, such as the side of the road, before calling emergency services.

While you’re waiting for the police and, if necessary, an ambulance, get the motorist’s contact information as well as their insurance details. If they left without stopping, ask any witnesses if they noticed the at-fault party’s license plate. Even if they didn’t, get their contact information, as their statements can support your version of events later on. If your phone wasn’t damaged, take pictures of the accident scene, with emphasis on evidence such as skid marks, road debris, or a huge pothole.

When the police arrive, they will create an accident report that you will need later when you file a personal injury claim. At this point, if you haven’t gone to the emergency room in an ambulance, get medical care as soon as possible, even if you think you’ve only suffered a few bruises. Many motorcycle injuries, such as traumatic brain injuries and whiplash, do not show symptoms immediately, so prompt medical attention is recommended. You also want to get medical documentation of your injuries to support your legal claim.

After a major accident, insurance adjusters from the parties responsible for the accident will contact you. You need to remember that even if they appear concerned, their goal is to pay you the least amount possible, so anything you say will be used against you. Your best option is to get legal representation from a Los Angeles motorcycle accident attorney who can handle all negotiations with the insurance company or companies. An experienced lawyer can help ensure that you receive maximum compensation.

What if I Was Partly At Fault for My Motorcycle Accident?

If you believe that you contributed in some way to the accident, you may wonder if you still qualify for monetary compensation. In most cases, yes. What you need to know is that under California’s comparative negligence laws, your financial recovery will be adjusted to reflect your percentage of fault for the accident.

For example, if your financial losses (e.g., medical bills, lost wages) are valued at $10,000 but you are 40% at fault for the collision because you were lane splitting or not wearing a motorcycle helmet, the other driver’s insurer will only pay the $6,000 that represents their policyholder’s degree of liability. Insurance companies are notorious for assigning unfair blame to minimize payouts, but our motorcycle attorneys will fight for a fair settlement.

How Long Do I Have to File a Motorcycle Crash Lawsuit in CA?

You must file a motorcycle accident injury claim as soon as possible to ensure you meet the statute of limitations, which limits how long you can pursue legal action. In California, victims of motorcycle accidents must make their claim within two years of discovering their injury. Courts typically dismiss compensation claims that are not filed within that time limit.

If you are involved in a motorcycle accident, don’t wait to act. You should contact an experienced and skilled lawyer in Los Angeles right away. The attorneys at Moaddel Kremer & Gerome LLP ensure that missed filing deadlines don’t impact your chance at fair compensation.

Get an Experienced Los Angeles Motorcycle Accident Attorney on Your Side

If you have been injured or lost a loved one in a motorcycle accident, do not hesitate to contact our experienced attorneys. Moaddel Kremer & Gerome LLP has obtained favorable verdicts and settlements for past clients and will aim to do the same for you. We work on a contingency-fee basis so you will not owe us any money unless we win your case. To schedule a free initial consultation with a Los Angeles motorcycle accident lawyer, contact us today.

What should I do first after being involved in an accident?

After you are involved in an accident, the first thing to think about is your health. It is normal to be frightened or in shock but take a deep breath and assess your injuries. Where do you feel pain? How severe is the pain? If you are on the ground, can you safely get up? If you are in a vehicle, are you able to get out of the vehicle? If not, you should probably call for immediate medical attention.

Next, consider your surroundings. Where did the accident happen? How did it happen? What caused the accident? Are there any witnesses near the area? Whether you believe the accident was your fault or not, never admit fault to anyone at the scene. The more documentation you have regarding the accident the better. Take photographs and/or video of the scene, have anybody you are with do the same. Even if don’t feel injured, you never know what you may feel like in the coming hours or days so don’t just act like nothing happened. If you are at a place of business, ask for a manager and insist on completing a report. If you had a motor vehicle accident, call the police and make a report.

Then contact an attorney to consult with about your accident. Attorneys such as those at Moaddel Kremer LLP who specialize in the field of personal injury will discuss your case with you and help you decide if you should file a personal injury claim.

How do you know if you have a personal injury claim?

There are many different aspects to consider when determining whether you have a good personal injury claim. In order to recover for your injuries, you must be able to prove that someone else was at fault for your accident. The other person (or entity) must have either been negligent, reckless or committed an intentional act in causing the accident. For instance, if the other driver in a motor vehicle accident rear-ended your vehicle, it is highly likely that the other driver will found to be negligent. If someone hit you inside a bar without provocation, that is an intentional act for which a lawsuit for assault and battery can be brought. If the accident was only partially your fault and partially the fault of another, you can still make a personal injury claim based on the percentage for which the other party was at fault. You can expect that the other party will do their best to minimize their responsibility no matter the circumstances.

An experienced and skillful attorney can help you identify the potentially responsible parties that may not be clear to the average person. For example, the entity or entities responsible for a dangerous road or sidewalk may require research that is not always easily accessible for the public. Sometimes it takes the analysis of experts in the field to determine whether the manufacture or design of certain products should be held responsible when the product fails. It takes the collaboration of both attorney and client to fully understand the potential claim.

After you believe you can prove someone else was at fault, the next step is to prove the accident caused your damages. You can recover for both physical injury and emotional distress in the past and future. You can also recover for time that you missed from work or if you are unable to work in the future as a result of the accident. This is where the importance of seeking immediate medical treatment comes in. If you delay in obtaining medical treatment, the other party will argue that you could not really have been injured. The sooner you receive treatment, the easier it will be to get compensation. Moaddel Kremer has connections with doctors that will see you immediately and evaluate your injuries. Even if you do not have medical insurance, you can receive treatment on a lien basis where you do not have to pay anything for your treatment upfront.

How do you make a personal injury claim?

Once attorney and client make the decision to go forward with the claim, the next step is to contact the responsible parties. The attorney will normally send a letter of representation to the other party involved and/or their insurance company to put them on notice of the claim. The attorney can then communicate with the other party on the client’s behalf and allow the client to focus on recovering from their injuries. The attorney will gather your medical records and bills to send to the responsible party to prove your damages.

The other party will start their own investigation of the incident by gathering documents and talking to potential witnesses. Your attorney will advocate your position and give them your version of events. The other party will almost always disagree with how you think the accident happened in an attempt to minimize their exposure. After being presented with the evidence supporting your claim, the other party will decide whether to make an offer or deny responsibility.

What is the difference between a claim and a lawsuit?

In California, there is a 2-year statute of limitations to file a personal injury lawsuit. This gives the injured party 2 years from the date of the accident to go forward with the lawsuit. The lawsuit puts your claim into the court system and there are a number of rules that the parties must abide by once a lawsuit is filed. This allows the parties time during those 2 years to gather the necessary information to make a decision about how to proceed depending on what information is obtained. This also allows the client to receive the proper medical treatment, talk to witnesses and find out as much as possible about what happened.

You don’t have to wait the full 2 years but sometimes it is beneficial to not file the lawsuit immediately. Before you file the lawsuit, both sides may be motivated to negotiate to see if a settlement can be reached before going through the lawsuit process. There are instances when the insurance company would rather pay a settlement than have to fight a righteous lawsuit. Many cases resolve prior to a lawsuit being filed.

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Rita Trujillo

20:10 27 Feb 25

Excellent service

Janene Zdawczyk

20:35 28 Jan 25

With their expertise, they were able to get the maximum insurance payout for me. They work as a team and are very responsive to all your questions. They took time to go over everything with me. I would definitely recommend them to all my family and friends.

Raymundo Gutierrez

20:35 22 Oct 24

Professional services, empathy with client, and positive out come with case.

landy mendez

06:19 10 Sep 24

Carl & Priscilla were very wonderful to work with, very helpful & nice. Everything went quick & smoothly :)

Manny Hernandez-Rivera

03:56 12 Jun 24

I obtained the Law Services of Moaddel and Kremer after my automobile accident on 07/23. They fast, courteous, professional and place all their attention on my medical and family needs.Thank you for you attention to detail and always keeping me posted on the status of my case.This accident was awful and painful but with all of your help my family and I were okay.God bless you and yours. Best regards Manny and Family.

Wayne Chen

01:24 08 Mar 24

Carl and his staff were the best I’ve ever worked with! They are friendly, experienced, and very knowledgeable. The process was seemingly painless and I didn’t ever have to go to their office to get everything done. More importantly, they maximized my settlement. I highly recommend to everyone!

Naga Simi B

14:47 05 Mar 24

Moaddel Kremer is the first person I’ve called whenever I was in a collision and incurred personal injury. The reason is because I trust their advice and they have never misguided me and I’ve never lost a case with them. They have always stayed the course no matter how difficult the case. You can rely on them to come through for you! I highly recommend them as your go-to law firm.

samuel gonzalez

23:10 16 Feb 24

I had a vehicle accident back in 2020 where I was initially placed at fault. Thankfully I hired this firm and they immediately changed the course of my case. My case settled a couple months later and I received great results. Through the years I have referred family and friends to Carl Kremer and his team and they have also had positive results.

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