Orange County Motorcycle Accidents Lawyer

Causes of Motorcycle Accidents

Motorcycle accidents can be caused by a variety of factors, far more than passenger vehicle accidents. This is due to the lower stability and diminished visibility of peer motorists, among other factors. Below are several common causes of motorcycle accidents:

Defective Roads

Potholes, pavement cracks, debris, and other defects are a common culprit of motorcycle accidents due to the vehicle’s relative lack of stability. These accidents can be serious, as the motorcyclist may be sent flying into oncoming traffic. Such defects are often difficult for a motorcyclist to anticipate due to their speed, lack of visibility, and natural factors (e.g., potholes filled with water or covered by leaves).

Another form of defective roads are design flaws. In some cases, city architects, engineers, and planners fail to properly design their roads for safety, which can lead to an accident. These types of flaws include: improper signage, missing shoulders or guardrails, obstructions to visibility, or improper roadway dimensions. In these cases, compensation may be sought after governmental entities, including the city, county, and state of California.

Driver Inattention

One of the most common causes of a motorcycle accident with a passenger vehicle is driver inattention. In fact, According to the National Highway Traffic Safety Administration (NHTSA), driver inattention is a factor in almost 80% of motor vehicle crashes. In the era of technology and cell phones, texting or talking on the phone are commonplace causes of these kinds of accidents.

Similarly, an improper lane change by a passenger vehicle, without checking for blind spots, may result in an accident. Motorcycles are particularly prone to these kinds of accidents, as their smaller build makes them harder to spot than a passenger vehicle, or they may be between lanes in a motorist’s blind spot. Additionally, motorcycle accidents frequently occur in cases where a driver is backing from a driveway or parking lot without looking for other motorists.

Another common culprit of driver inattention is left-hand turns. Often times motorcycle accidents are caused by a passenger vehicle attempting to make a left-hand turn while not seeing the oncoming motorist.

Driver Impairment

The prevalence of drugs and alcohol in motorcycle accidents is a serious issue. Over 40% of all motorcycle accident fatalities involve drivers under the influence of drugs or alcohol, which is far higher than the average motor vehicle accident. Motorcycle operators involved in fatal crashes were found to have the highest percentage (28%) of alcohol-impaired drivers than any other vehicle types.

Lack Of Protection

Often times, injuries and fatalities in motorcycle accidents are preventable with the proper protection. In California, motorcycle helmets are estimated to be 37% effective in preventing fatal injuries for motorcycle operators and 41% effective for passengers. This underscores the critical role helmets play in enhancing rider safety.

It is also critical to be properly suited with motorcycle body armor, knee pads, and other protective items. Such gear can protect from road rash, damage to internal organs, and broken bones.

Speed

In over one-third of all documented motorcycle accidents, speed was a significant factor. In fact, drivers of “sport” motorcycles (which can reach speeds up to 190 mph) have a fatality rate four times higher than drivers of regular motorcycles.

High speeds in motorcycle accidents present unique risks, as they can cause the motorcyclist to lose control due to a lack of stability, and exponentially increases the risk and severity of the accident.

Inexperience

Studies have found that nearly 92% of all motorcycle accidents involved an inexperienced motorcyclist without proper training. Without formal training and the proper skills, motorcyclists face countless issues including a lack of understanding braking and acceleration, to failure to maneuver the motorcycle and use defensive driving techniques.

Given the skill required to operate a motorcycle, coupled with its heightened risk factor, it is crucial that motorcyclists receive the proper training before taking to the open roads.

What to Do If I am In a Motorcycle Accident?

Motorcycle accidents are some of the most severe types of auto accidents. If you have been involved in a motorcycle accident, the most crucial step to take is to move yourself out of harm’s way. Additionally, what you do in the moments after your accident will affect the success of your case. Below are key steps to take if you are involved in a motorcycle accident:

1. Get out of harm’s way. If you are struck by a vehicle and are in the middle of the road or in an area of oncoming traffic, move to a point of safety like the sidewalk, or the road’s shoulder.
2. Dial 911 and request medical assistance if necessary.
3. Provide an accurate and complete statement to the police and other authorities responding to the call. It’s important to communicate any injuries and property damage sustained, and to recall what transpired leading up to the accident.
4. Take photos and videos of everything. This includes your injuries, the vehicles, the accident scene, drivers licenses, insurance, and registration.
5. File a police report. If officers are called to the scene, they can assist. Under California law, one must file a police report within 24 hours of a car accident.
6. Speak to witnesses and get their contact information. This will greatly assist in supporting your claim. Send a confirmation text to the witnesses to ensure you have their correct phone number.
7. Visit a doctor immediately.
8. Call us at (949) 771-4188 – we will evaluate your claim for free and can direct you to the proper medical providers for treatment.

Motorcycle Accident Injuries

By their very nature, motorcycle accident injuries can be some of the most severe types given how exposed motorcyclists are on the open roads. Common motorcycle accident injuries include:

• Broken or fractured bones
• Internal bleeding
• Traumatic brain injury
• Road rash
• Loss of limbs
• Damage to internal organs
• Injuries to the spinal cord and neck, which may lead to paralysis

What Damages Can I Recover For A Motorcycle Accident?

If you have been in a motorcycle accident, you can be compensated for your damages sustained, including:

• Medical bills (hospitalization, emergency room visit, surgeries, and other medical treatment)
• Lost wages, both current and in the future
• Pain and suffering, including any emotional or psychological trauma
• Damage to your motorcycle

California Lane Splitting Law

Lane splitting is when a motorcyclist rides between two rows of vehicles (or lanes) traveling in the same direction. Under the California Vehicle Code, lane splitting is legal so long as there isn’t an increased danger to motorists.

Experts agree that lane-splitting should be performed cautiously and at safe, reasonable speeds. Research indicates that lane-splitting is safest when traffic is traveling at 50 mph or less, the motorcyclist has a clear view of surrounding vehicles, and the biker does not exceed a speed that is more than 15 mph faster than the vehicles being passed.

Because lane-splitting is legal in California, a driver cannot simply claim that a motorcyclist’s decision to lane-split automatically makes the biker at fault for an accident. While motorcyclists are permitted to pass between lanes, they are still required to do so in a safe and responsible manner.

Determining fault in a lane-splitting accident ultimately depends on who was negligent. Since lane-splitting is allowed, the blame often lies with the driver who failed to check their mirrors or surroundings before changing lanes.

If you or a loved one have been involved in a motorcycle accident, call (949) 771-4188 for a free consultation.