Motorcycle accidents kill thousands of people each year, with about 10% of all fatalities happening in California. As a motorcycle rider, knowing your rights and the steps to take after an accident is crucial.
At Weinberg Law Offices, we understand the unique challenges motorcycle accident victims face. Our team has prepared this guide to provide essential information on what to do after a motorcycle accident in California.
If you need help now, call our offices for a free consultation. Our firm is here to fight for your rights and seek the compensation you deserve.
What to Do After a Motorcycle Accident
How you respond can significantly impact your health, finances, and legal liability. Follow these steps to ensure you position yourself best to seek compensation.
Get to Safety
Before anything else, prioritize your safety. Once possible, move your motorcycle out of the flow of traffic. Turn on your hazard lights to alert other drivers. If you have flares or reflective triangles, use them to mark the accident scene.
Seek Medical Attention
Call an ambulance for any immediate injuries. Even if you feel okay, get checked by a medical professional promptly. Some injuries don’t show symptoms immediately, and quick treatment is critical to a full recovery.
Report the Accident to Authorities
Call 911 and request the police to file an accident report. This step is not only a legal requirement but also creates an official record of the incident. Your lawyer and insurance company will want this report to process insurance claims and plan for legal action.
Document the Accident Scene
Preserve evidence to strengthen your case. First, exchange information with the other driver to collect their name and insurance information. Next, take photos and videos of the scene, including vehicle damage, road conditions, and any visible injuries. After that, collect contact information from witnesses to the crash. Their testimony can be vital if your case results in litigation.
Contact Your Insurance Company
Inform your insurer about the accident promptly. However, be cautious about giving a recorded statement before consulting with an attorney. Your lawyer can help you navigate communication with insurance adjusters so you don’t say anything that can harm your case.
Consult a Motorcycle Accident Lawyer
Don’t try to handle the aftermath alone. An experienced personal injury lawyer understands the complexities of these cases and can advocate for your rights. They’ll help you assess damages, negotiate with insurers, and pursue fair compensation if needed.
California Motorcycle Insurance Requirements
In California, motorcyclists are legally required to carry liability insurance. This insurance is crucial because it covers the costs of injuries or damages you might cause to others in an accident.
Here’s a breakdown of the minimum coverage amounts mandated by California law:
- Bodily injury liability (per person). $15,000
- Bodily injury liability (per accident). $30,000
- Property damage liability. $5,000
If you’re injured in a motorcycle accident caused by another rider, their liability insurance should cover your medical expenses and other losses. However, the minimum requirements might not be enough to fully compensate you, especially if your injuries are severe. That’s why it’s crucial to consider additional coverage options for yourself, such as uninsured/underinsured motorist coverage and medical payments coverage.
Uninsured/underinsured motorist coverage coverage protects you if you’re hit by a driver who doesn’t have insurance or doesn’t have enough insurance to cover your damages. Likewise, medical payment coverage covers your medical expenses, regardless of who was at fault in the accident.
Weinberg Law Offices can help you seek compensation even if you don’t have this additional coverage. Contact our firm today to discuss your options.
Motorcycle Accident Compensation
If you’ve been injured in a motorcycle accident in California that wasn’t your fault, you may be entitled to compensation under the law. This compensation, also known as damages, is designed to make you whole again by addressing all types of harm caused by the accident.
Damages can cover a wide range of losses, including:
- Medical expenses. This includes all medical costs related to your injuries, from ambulance rides and hospital stays to surgeries, medications, physical therapy, and future medical care.
- Lost wages. If your injuries prevent you from working, you can seek compensation for the income you’ve lost. These also cover future earning potential if you’re unable to return to your previous job.
- Pain and suffering. Non-economic damages can encompass the physical pain and emotional distress caused by the accident and your injuries.
- Property damage. Your lawsuit can seek compensation to cover the cost of repairing or replacing your motorcycle and any other property damaged in the accident.
- Other out-of-pocket expenses. Our firm can help demand payment for all other costs you’ve incurred as a result of the accident.
It’s important to understand that the specific damages you can seek and the potential value of your claim depend on the unique circumstances of your case. To get a clear picture of your legal options and potential compensation, contact Weinberg Law Offices to speak with an experienced personal injury lawyer.
Reporting a Motorcycle Accident
California law is very specific about your obligations when it comes to reporting a motorcycle accident. If the accident resulted in injury or death, you must report the incident to the Department of Motor Vehicles (DMV) within 10 days. The same timeframe applies if the property damage from the accident exceeds $1,000.
To fulfill your legal obligation, you’ll need to complete a Report of Traffic Accident Occurring in California (SR 1) form. This form is available online on the DMV website, at any DMV field office, or at a California Highway Patrol (CHP) office.
It’s important to understand that failure to report an accident as required by law can lead to several penalties, including suspension of your driver’s license. This is a serious consequence, so it’s crucial to adhere to the reporting requirements.
Even if you believe the accident was minor, it’s always best to err on the side of caution and report it. This ensures that you have an official record of the incident, which can be crucial if you later need to file an insurance claim or pursue legal action.
Motorcycle Accident Statute of Limitations in California
In California, you have a limited window to seek compensation after a motorcycle accident. This timeframe, known as the statute of limitations, is generally two years from the date of the accident. Failing to act within this timeframe could mean losing your right to compensation entirely.
However, there are some exceptions to the statute of limitations that can extend your claim. Since time is of the essence, it’s crucial that you speak with Weinberg Law Offices as soon as possible to maximize the strength of your case.
Contact California Motorcycle Accident Lawyers
If you’ve been injured in a motorcycle accident, don’t navigate the legal process alone. The motorcycle accident lawyers at Weinberg Law Offices are here to help you get justice. We understand the physical, emotional, and financial toll these accidents can take. We’re committed to providing compassionate, personalized support every step of the way.
Our team is dedicated to California’s diverse communities and speaks several languages, including Spanish and Hebrew. Contact us today to schedule your free consultation and take the first step towards getting the compensation you deserve.
Disclaimer: This content should not be construed as legal advice.
As a personal injury attorney, my mantra is that there is no such thing as a “small case”. I will give 100% matter how big or small a case may be. I am fluent in English, Hebrew, and Spanish, languages which I use regularly in my practice.
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