Under California law, drivers involved in a motorcycle accident must stay at the scene. They are required to provide insurance and contact information and must wait with the injured victim for police or an ambulance. Failure to do so is considered a crime. Motorcyclists are often hit by other vehicles with distracted or impaired drivers or those driving without a license or insurance and flee the scene because they are afraid of the legal repercussions. If you are unsure where to turn for help after your motorcycle hit and run 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. 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. Schedule a free consultation with a California injury lawyer today.
What to Do After a Hit and Run Motorcycle Accident
If you are the victim of a hit-and-run motorcycle accident, consider the following steps:
- Do not pursue the fleeing driver. It might feel instinctual to go after the driver who hit you, but refrain from doing so. It’s dangerous, and chasing them could put you in harm’s way. Let the police find them.
- Get medical attention. You might feel fine, but that could be the adrenalin that floods the body after an accident. Many serious injuries have delayed onset symptoms, so it’s imperative to get checked out at an ER, which also creates essential medical documentation of your injuries.
- Call 911 immediately. Report the accident and provide as much information as possible, such as the vehicle’s make, model, color, and any part of the license plate you recall.
- Speak with witnesses. Collect their contact information, including names, addresses, and phone numbers. Their testimony could be essential in supporting your claim.
- Document the scene. Take time-stamped videos and photos of your damaged motorcycle, any visible injuries, and the accident scene, including debris or skid marks.
Finally, consult with an attorney. Under the law, you are entitled to recover compensation for your medical expenses, property damage, lost wages, and pain and suffering.
The Importance of Evidence After a Hit and Run Accident
Recovering fair and reasonable compensation after a hit-and-run accident is complex. Establishing liability in these cases often requires additional effort. Key evidence typically includes police and medical reports, eyewitness statements, and available surveillance or dashcam footage, which can help reconstruct the events leading up to the crash.
Additionally, keep detailed records of your medical expenses. Document every medical expense related to your injury, from emergency room visits and hospital stays to surgeries, medications, and ongoing rehabilitation or therapy. This documentation helps illustrate the extent of your injuries and financial losses, demonstrates the other party’s liability, and strengthens your claim.
Insurance Claims for a Motorcycle Hit and Run Accident
California law does not mandate uninsured coverage (UM) for any vehicle, including motorcycles. However, insurance companies are required to offer UM coverage to all policyholders when they purchase or renew their auto or motorcycle insurance.
Uninsured motorcycle coverage, specifically for hit-and-run accidents in California, is an insurance policy provision that protects motorcyclists when they are involved in an accident caused by a driver who flees the scene or when the at-fault driver is uninsured or underinsured. This type of coverage is critical in California, where hit-and-run accidents are unfortunately common. It’s important to report the accident to the police and your insurance as soon as possible.
Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage are insurance policies that provide financial protection when an accident occurs with a driver who doesn’t have insurance or inadequate insurance. This coverage is crucial for motorcyclists, who are highly vulnerable on the road. In hit-and-run situations, UM coverage steps in when the responsible party is unknown or absent.
In California, UM coverage typically applies to hit-and-run accidents as long as the motorcyclist can provide evidence of the incident. This usually requires proving that physical contact occurred between the motorcycle and the fleeing vehicle. Without physical evidence, it might be challenging to claim UM coverage.
Consequences for Hit and Run Drivers
In California, hit-and-run driving is considered a serious offense with severe legal consequences. The penalties vary depending on the circumstances of the accident, including whether the collision caused property damage, injury, or death. California law aims to deter drivers from fleeing the scene of an accident by imposing strict penalties, which include criminal charges, fines, license suspensions, and potential civil liabilities. For example:
Felony Hit-and-Run Penalties (VC 20001): When the hit-and-run involves injury or death, the penalties are severe:
- Fines: Fines range from $1,000 to $10,000, depending on the severity of the injuries or fatality involved.
- Imprisonment: Offenders can face up to one year in county jail or two to four years in state prison if the accident caused severe injury or death.
- Probation and Restitution: Courts may impose probation, during which the offender must adhere to specific conditions, such as attending traffic school or paying restitution to the victims.
- License Suspension: The DMV may suspend the driver’s license for up to one year or revoke it entirely in severe cases.
- Aggravating Circumstances: If the driver was intoxicated, driving recklessly, or had prior offenses, penalties could be enhanced, leading to longer prison sentences and higher fines.
Trust the Team at Ellis Law
If you were seriously hurt or lost a loved one in a hit and run motorcycle crash, 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. We are:
- Fierce advocates for the compensation you need both now and in the future.
- Experienced and knowledgeable in all areas of motorcycle accident law.
- Aggressive settlement negotiators and courtroom litigators who will always fight for your best interests.
Filing a claim on your own can be challenging. Insurance companies will try to limit their payout, especially in hit-and-run accidents where liability is often unclear. Having an attorney on your side will level the playing field. We know how to counter insurance companies’ tactics and will negotiate on your behalf to ensure that your claim accurately reflects the full extent of your losses.
Contact Ellis Law for Hit and Run Motorcycle Accident Legal Advice
If you have been hurt in a hit-and-run motorcycle accident, contact us as soon as possible. Our team at Ellis Law is thoroughly knowledgeable of motorcycle accident hit-and-run laws. We represent clients throughout California, including major Southern California cities such as Los Angeles, Anaheim, and Irvine, as well as Bakersfield, Riverside, and San Bernardino.
To schedule a free, no-obligation consultation with a motorcycle accident attorney in the area, contact us today. Since we work on a contingency fee basis, you do not pay attorney fees unless we win compensation for your injuries.
