Motorcycle accidents can leave you with catastrophic injuries and place a burden on you and your family mentally, emotionally, and financially. You may be struggling to manage your medical bills, pay for property damage, and make ends meet.
If you are unsure where to turn for help after your motorcycle accident, call Ellis Law. We understand that your first thought after an accident might not be about lawsuits and which motorcycle personal injury lawyer in Los Angeles to choose. There’s a lot to process emotionally. At Ellis law, we aim to help you get the justice and compensation you deserve. We will make it as stress-free as possible for you and take you through each step of the process.
At Ellis Law, our experienced motorcycle accident lawyers in Los Angeles are:
- Fierce advocates for the compensation you need both now and in the future;
- Experienced and knowledgeable in all areas of motorcycle accident law; and
- Aggressive settlement negotiators and courtroom litigators who will fight for your best interests at all times.
If you were seriously hurt or lost a loved one to a motorcycle crash, you should not have to pay for another driver’s negligent or reckless behavior. Let Ellis Law pursue the compensation you and your family deserve. Our legal team will provide the support you need to get your life back after a severe motorcycle accident.
Contact Ellis Law now to schedule a no-obligation consultation with a motorcycle accident injury lawyer in Los Angeles. We will address your most pressing motorcycle accident questions and concerns and help set your mind at ease about your situation.
No fee unless we win your case.
Why You Need a Proven Motorcycle Accident Lawyer in Los Angeles
When you retain a motorcycle attorney in Los Angeles, you can feel confident that you have a skilled, experienced legal team by your side throughout your motorcycle accident case. Our attorneys will listen to the facts of your case, take the time to understand your legal goals, and personalize a case strategy to fit your needs. Ellis Law wants to do what is best for you and your future.
You can trust our experienced motorcycle accident attorneys to do the following and more on your behalf:
- Investigate your motorcycle accident. This might include finding witnesses who saw the accident and can testify on your behalf, recovering video footage from nearby stores or bystanders, and taking photos of the accident scene.
- Identify who is legally responsible for the accident. We use several techniques and tools to determine the responsible party, including recovering video footage if available and, in some cases, hiring an accident reconstruction expert who can recreate the scene to determine liability precisely.
- Assess your injuries. How much compensation you’re entitled to will depend greatly on what kind of injuries you’ve suffered and the type of treatment you need now and in the future.
- Identify all insurance coverage applicable to the accident and your injuries.
- Make any referrals for medical care. If you’re not sure which medical professionals to see, we can help. In some circumstances, the defense may request that you get an independent medical examination. We can assist you in setting this up and walk you through what to do next.
- Help you retrieve your property if necessary.
- Notify creditors of the accident and status.
- Calculate the past, current, and projected costs and losses from the accident. This usually includes lost wages, medical expenses, and any future costs for treatment or rehabilitation, including help if you have significant pain and suffering or other non-economic damages.
- Consult with experts to determine your likely medical or life-care needs and their costs. We have medical experts that we regularly use for negotiations and at trial. We will obtain your medical records and discuss the case with our experts to determine what kind of care you need and how much compensation you may be entitled to.
- File claims with insurance carriers
- Aggressively negotiate for payment of maximum compensation. The vast majority of personal injury cases and motorcycle accident cases are settled before they get to trial. We will do everything in our power to negotiate the best settlement offer possible. Settlements are generally quicker, less stressful, and less expensive, so that they can be a beneficial alternative to a trial.
- File a personal injury lawsuit against any liable party that refuses to negotiate a proper settlement.
- Present a solid and persuasive case in court, if required. While it’s true that the vast majority of personal injury claims are settled before they get to court, all of our attorneys are skillful and dedicated litigators. We are always prepared to take your case to trial if the defendant is unwilling to make a reasonable offer.
Trusted by Riders: Ellis Law’s Proven Track Record in Motorcycle Accident Cases
When dealing with the fallout from a motorcycle accident, you need a legal team that knows the ropes and delivers results. Here is why Ellis Injury Law is the go-to choice for Los Angeles motorcycle accident victims:
- 29 Years of Proven Success: With more than two decades of experience, Ellis Injury Law has the deep knowledge and expertise to handle even the most complex motorcycle accident cases. We know the ins and outs of California traffic laws, the challenges motorcyclists face, and how to overcome the biases that riders often encounter in courtrooms and with insurance companies. Our aggressive approach has helped us recover millions of dollars for accident victims just like you.
- Personalized Representation: At Ellis Injury Law, we know that no two cases are the same, and neither are our clients. We take the time to truly listen to your story and understand what matters most to you. From our first conversation to the final verdict, we are committed to crafting a legal strategy that is as unique as your situation. Your needs and goals are always at the forefront of everything we do.
- No Win, No Fee Guarantee: We are dedicated to ensuring that financial concerns do not stand in the way of getting the legal help you need. That is why we offer our No Win, No Fee Guarantee. With us, you do not have to worry about paying anything upfront. We only get paid if we successfully resolve your case. This approach allows you to move forward with your claim without the burden of upfront legal fees, which can be a significant barrier for many people.
No fee unless we win your case.
Determining Fault in Lane Splitting Motorcycle Accidents in California
Lane splitting, or riding between lanes of traffic, is a common practice among motorcyclists in California. While legal, it can complicate the determination of liability in the event of an accident. Several factors come into play when assessing who is at fault.
- Motorcyclist Responsibility: Lane splitting can be safe when done correctly, but it requires caution. Motorcyclists should avoid excessive speeds and sudden movements while splitting lanes. If you are riding responsibly and an accident occurs, you may have a strong case for claiming damages. However, reckless lane splitting can put you at fault for any resulting collisions.
- Driver Behavior: Drivers are also required to exercise caution and be aware of motorcyclists on the road. If a car changes lanes without signaling or checking for motorcycles, the driver may be liable for any resulting collision.
- Shared Fault: In many cases, both parties may share some degree of fault. California’s comparative negligence system allows for the allocation of fault between the involved parties, meaning both the motorcyclist and the car driver could be partially responsible, affecting the compensation each party receives.
If you have been involved in a motorcycle accident while lane splitting, contact Ellis Injury Law. Our team is experienced in handling these complex claims and understands the unique challenges these cases present. We will fight to uphold your rights.
Verdicts & Settlements
Real Results for Los Angeles Injury Victims
Millions recovered for those injured by negligent motorists across California.
Unsafe Lane Change
The Plaintiff was driving when the Defendant made an unsafe lane change, hitting the rear portion of the Plaintiff’s car.
Read MoreRear-end Collision
Plaintiff was rear-ended by defendant, who was driving for a restaurant at the time of the accident.
Read MoreRear-end Collision
Defendant, driving a County of San Bernardino vehicle, rear-ended plaintiffs in heavy traffic.
Read MoreCalifornia Helmet Laws and How They Affect Your Motorcycle Case
Did you know that wearing a helmet in California is not just a smart choice—it is the law? According to California Vehicle Code Section 27803, all motorcycle riders and passengers are legally required to wear a helmet that meets the standards set by the U.S. Department of Transportation (DOT). This mandate applies to everyone, regardless of age or riding experience, ensuring that every person on a motorcycle benefits from the highest safety standards available.
Riding without a helmet can lead to hefty fines and potentially impact your insurance claims. More critically, in the unfortunate event of an accident, not wearing a helmet can weaken your legal position. The other driver might argue that your failure to wear a helmet contributed to the severity of your injuries, which could potentially reduce your compensation.
On the other hand, wearing a DOT-approved helmet not only protects you from head injuries but also strengthens your case in a personal injury claim. It demonstrates that you were taking all necessary precautions to safeguard your well-being, making it much more challenging for others to shift blame onto you.
Critical Steps to Take After a Motorcycle Accident in Los Angeles
If you’ve never been in an accident before or had to file a personal injury lawsuit, it can be confusing to determine the exact steps you should take. Many people inadvertently do or say things that end up hurting their case. Our motorcycle accident injury lawyers in Los Angeles want to be sure you don’t make any of the most common errors that some people make after motorcycle accidents.
The following is a non-exhaustive list of a few essential things you should not do right after an accident.
- Do not make any recorded statements or sign any documentation from an insurance company without speaking to a motorcycle accident lawyer in Los Angeles. Your words could be used against you in your claim, and you could sign away your right to any future compensation for your injuries. This means you don’t want to hurriedly accept any settlements from the insurance company! They often try to make a speedy, low settlement offer, so the case is resolved as quickly as possible.
- Don’t speak to anyone else involved in the accident, and don’t admit fault in any capacity. This includes apologizing. Even if the other driver is injured, it’s important not to say anything that can be misconstrued as admitting that you were responsible – even partially – for the accident. Silence is the best plan.
- Don’t rush into repairing your car if there is damage. While it’s understandable to want it taken care of as soon as possible, it’s essential to ensure all damage is appropriately documented. This means more than simply taking photos or even getting an estimate from your mechanic. If the claim ends up in court, it’s crucial to have everything done correctly. When you contact Ellis Law after an accident, we can assist you with the necessary and proper documentation of what occurred.
No fee unless we win your case.
On the other hand, there are essential steps you should take after any accident to ensure you have the best chance of success should you decide to file a personal injury claim.
- Document as much as you can. After an accident, take photos of the scene – any stop lights, traffic lights, objects in the road, or anything else that you think is relevant to the accident. Additionally, take photos of your car and any other cars involved in the incident. If you have visible injuries, take photos of those as soon as possible.
- Seek medical attention if needed. It might even make sense to see a medical professional proactively – just in case you might be injured. Getting medical attention as soon as possible is essential if you’ve been in a serious accident. Even if you don’t have visible injuries, getting checked out is still a good idea. Some injuries may not show up immediately, such as delayed onset whiplash, and others may not be visible to you, including concussions and other brain injuries. Medical records will be critically important if you decide to file a personal injury claim in the future.
- Take notes. Write things down. Take photos with your smartphone. Document how you’re feeling and everything you remember about the accident. If you file a lawsuit and it goes to trial, it could be years before the case actually gets to court. While you might think you will remember everything that happened and everything that you’re feeling, memories fade and witnesses disappear. It’s a good idea to write it all down. After an accident, adrenaline is flowing, and there’s often a lot of chaos, so, understandably, your memory of the accident might not be perfect months or years after the incident.
- File your claim on time.
Legal Deadlines: Time Limits to File a Motorcycle Accident Claim in California
There is a deadline, or statute of limitations, to file a motorcycle accident case in California. Any motorcycle accident case must be filed within two years of the date of injury. If the complaint is not filed on time, a victim’s claim for damages is barred.
Exceptions
In some cases, there are exceptions to the two-year statute of limitations. Your motorcycle attorney in Los Angeles can advise you whether exceptions apply.
Discovery
If the injured party did not discover the injury until much later, and they were unaware of any facts that would lead a reasonable person to believe they suffered an injury, the statute of limitations could be extended. If you were in a motorcycle accident and realize at a later date that you have an injury, don’t assume that it’s not allowed just because the two years has passed. Ellis Law can help you determine if you’ve missed the deadline.
Minors
If the victim who was injured in the motorcycle accident is under the age of 18, the statute of limitations is different. Generally, the statute of limitations won’t start to run until the injured party turns 18. Then, they will have two years from that date.
Responsible Party Leaves The State
If the person who allegedly caused the accident leaves the state after the accident and before a lawsuit can be filed, it’s possible that the deadline to file your claim could be extended.
Set up your consultation with our motorcycle accident attorneys today, and let us review the details of your case. The sooner we begin work on your claim, the faster we can secure compensation for you and your family.
Common Causes of Motorcycle Accidents in California and Who’s Liable
Lawyers working on motorcycle accident cases have identified the following leading factors in crashes:
- Limited visibility – Motorists often fail to see motorcycles on the road because these small-sized vehicles so easily drift into one of the driver’s blind spots. It can be hard to see a motorcycle on the road due to glare and obstructions. Worse yet, many motorists aren’t giving the road their full attention.
- Cars Turning Left – Some 42% of car/motorcycle crashes involve a turning car hitting a motorcyclist traveling straight through the intersection. In some cases, the motorcycle is attempting to pass the car. Since lane splitting is allowed in California, this situation is all too common.
- Sharp Corner Turns – Corners can be dangerous to motorcyclists, as much control is required. It is easy to misjudge how tight a turn is or to wipe out after hitting some loose pavement.
- Hazardous Road Conditions – Loose gravel, uneven payment, road debris, or slippery surfaces can cause a motorcycle to slide out. Sometimes local municipalities can be held liable for failing to maintain the roadways.
- Head–On Collisions – More than three-quarters of collisions between motorcycles and passenger cars involve head-on collisions. A majority of these crashes are fatal for the motorcyclist who is often crushed or thrown from the vehicle at high speeds.
- Lane Splitting – California is the only state that expressly permits the practice of lane splitting, which is when a motorcycle drives between two lanes of cars, typically during a traffic jam. Motorcycles passing so close to passenger cars reduces visibility and can be dangerous without proper safety training.
- Driver Inattention – Many accidents are caused by passenger vehicle drivers who are speeding, tailgating, changing lanes without looking, failing to obey traffic signals, or who generally aren’t paying attention while driving.
- Recklessness – Speeding, aggressive tailgating, swerving through traffic, and driving under the influence of drugs or alcohol are reckless driving behaviors known to cause accidents (and lawsuits).
Accidents and serious injuries can happen, no matter how experienced, skilled, lawful, and proactive a motorcycle driver may be
Serious Injuries Common in Motorcycle Collisions
Although it is impossible to control the actions of other drivers, taking precautions like wearing a helmet and appropriate clothing while riding a motorcycle can reduce the risk of some injuries. Complying with traffic laws is also essential to safe riding.
Lower body injuries compose around 30% of all motorcycle accident injuries. This is in part due to the use of motorcycle helmets. Wearing a helmet while riding a motorcycle reduces the risk of death in an accident by 37% and the risk of a head injury by 69%.
Common injuries that occur in a motorcycle accident often include the following:
- Mild to severe head and brain injuries, from concussions to traumatic brain injury (TBI);
- Back injuries and spinal cord injuries like broken vertebrae and paralysis;
- Multiple fractured and broken bones;
- Loss of limbs;
- Chest and shoulder injuries;
- Foot and knee injuries;
- Eye injuries;
- Frictions burns, also known as road rash; and
- Scarring and disfigurement.
What Damages Can You Recover After a Motorcycle Accident?
Motorcycle accident injuries may require years of medical expenses, surgeries, and medication. They can completely upend a victim’s life and sense of normalcy. Victims of motorcycle accidents can typically recover compensation for their economic and non-economic damages.
The amount of compensation a victim receives depends upon the type and severity of their injuries, their prognosis for recovery, and the overall effect of the accident on the victim’s life. Motorcycle accident compensation may include the following types of damages:
Economic Damages
Economic damages are ones that can be objectively quantified in monetary terms. Primary examples of economic damages include the following:
- Past medical expenses
- Future medical bills
- Prescription costs
- Rehabilitation costs
- Lost wages
- Funeral and burial expenses.
In California, there is no limit on the total compensation you can recover for economic damages. This means the jury can award any amount they see fit to cover your medical expenses, lost wages, and any other types of economic damages.
Non-Economic Damages
Non-economic damages refer to compensation that is awarded and cannot be quantified in monetary terms, including the following:
- Pain and suffering
- Wrongful death
- Emotional or psychological treatment expenses
Punitive Damages
Punitive damages are generally awarded as a way to punish the defendant and deter them and other parties from engaging in similar behaviors in the future. In California, punitive damages can be awarded in personal injury cases only if the plaintiff can prove by clear and convincing evidence that the defendant’s conduct amounted to malice, oppression, or fraud.
Malice
Malice is generally defined as conduct that is intended to cause injury to the plaintiff. If you can show that the defendant caused the accident on purpose as a way to injure you, you might be entitled to punitive damages.
Fraud
In the context of a personal injury case, fraud is defined as an intentional misrepresentation, deceit, or concealment of a material fact that is known to the defendant.
Oppression
Oppression is defined as despicable conduct subjecting a person to cruel and unjust hardship in conscious disregard of that person’s rights.
No fee unless we win your case.
California’s Comparative Negligence Rule and Your Motorcycle Case
In some states, the victim is unable to recover any compensation if they’re even found to be one percent responsible for the accident. In other states, a plaintiff can only recover compensation if they’re less than 50 percent at fault.
In California, the rules are a bit more lenient. California personal injury cases are governed by pure comparative negligence. This means that the plaintiff can recover compensation no matter what, even if they’re 99 percent at fault. The amount the plaintiff actually receives will be reduced by the percentage that they are found to be at fault. For example, if a plaintiff is awarded $100,000 and is found to be 60 percent at fault, they will receive $40,000.
Comparative negligence can be used as a defense as well. If you file a claim against multiple defendants, each defendant has the ability to raise the defense that they were only partially at fault. If one defendant was 20 percent at fault, and the other defendant was 80 percent at fault, the compensation you’re awarded should be split between them accordingly.
Key Factors That Influence Motorcycle Accident Settlement Values
The amount of compensation recovered in a settlement or court award will vary depending on factors such as:
- The extent of injury – Soft tissue damage that is likely to fully heal within a few weeks is not valued as high as broken bones, spinal cord damage, or head and brain trauma.
- The permanence of injury – Scars, amputation and permanent disabilities capture the highest sums.
- Losses – Tangible losses like medical bills, time off work for recovery, and property damage are considered in the determination of how much a claim is worth. Often the subjective damages like “pain and suffering” are based on the economic damages multiplied by 1-5, depending on crash severity.
- Quality of life – If you were an avid musician or athlete prior to the crash and you can no longer participate in a hobby you love, this loss in quality of life will be considered. Are you able to continue working and earning your livelihood in the same field? Can you take care of yourself and get around?
- Perceived fault – There is a natural bias against motorcyclists that presumes the driver must have been operating the bike recklessly. Insurance adjusters and juries may be less likely to award motorcyclists a high sum compared to passenger vehicle occupants.
- Liability – Strong cases for negligence often lead to earlier settlements and higher payouts.
- Availability of insurance – Defendants with few assets will only be able to pay up to the liability limits of his or her auto insurance policy. Jury verdicts that exceed this amount can lead to difficulty with collections unless the award stipulates assets must be liquidated or wages can be garnished.
- Past precedent – Your attorney will look at the database to see the state’s past history of settlements and jury awards in cases that are similar to yours. Searches can be narrowed down to particular courts and judges for an even more accurate picture of what is likely to be gained during negotiations and trials.
Every case is unique, but generally, payouts have ranged from $50,000 into the millions-of-dollars for victims.
Resources for Motorcycle Riders After an Accident in Los Angeles
Whether you are seeking information on safety practices, legal regulations, or expert advice, the following resources are invaluable for motorcycle riders in Los Angeles:
- National Highway Traffic Safety Administration
- California Highway Patrol (CHP)
- Insurance Institute for Highway Safety (IIHS)
- Motorcycle Safety Foundation
Speak With a Top Motorcycle Accident Lawyer in Los Angeles Today
Getting the compensation, you need to pay for motorcycle accident expenses takes the help of an experienced motorcycle accident lawyer in Los Angeles. At Ellis Law, our motorcycle accident attorneys have the determination, drive, and experience needed to fight for your right to maximum compensation for your injuries.
The motorcycle accident attorneys at Ellis Law are tough and relentless but also compassionate. Call us today to schedule your initial consultation with our Los Angeles personal injury lawyers.
