Maison Law helps car accident victims in California. When you get behind the wheel of your car, you don’t just have to worry about other drivers. In fact, motorcyclists can and often do cause accidents because they’re speeding. If you or someone you care about have been hurt in a car accident caused by a speeding motorcyclist, contact us today to set up a free consultation to talk about your options.
Should You Get a Lawyer After a Car Accident Caused by a Speeding Motorcycle?
There’s a lot of questions you’ll have to answer when you’re in a car accident caused by a speeding motorcycle in California. One of the first things you need to figure out is whether or not you need to get a lawyer. It depends on your situation. There’s a chance that the accident will be minor, in which case you probably won’t need a lawyer.
However, any car accident can cause serious injuries and other damage that you have to deal with. If that’s the case for you, it’s probably in your best interest to get a lawyer. Our team has the experience and resources to get you the results you need to recover.
What Legal Options Do You Have After a Car Accident Caused by a Speeding Motorcycle?
Legally speaking, it doesn’t necessarily matter that a car accident caused by a speeding motorcycle is somewhat unique. When you get hurt in one of these, you have legal rights–namely the option to file an injury claim to recover damages.
To do this, you have two basic options:
- Filing an insurance claim
- Filing a personal injury lawsuit
The insurance process is faster and less formal, but settlements are often lower since the insurance company controls the process. A lawsuit might be a better option if you’ve sustained serious injuries, though it requires more time and effort. Regardless of your choice, you may be able to recover:
- Medical expenses
- Ongoing care costs for permanent injuries
- Lost income or lost earning potential from being unable to work
- Repair/replacement costs for your car
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Wrongful death expenses (if the accident is fatal)
Even if liability seems clear, the success of your claim after a motorcycle-related car accident hinges on the evidence and how well you present your case. Additionally, you must file your claim within California’s statute of limitations, which is two years from the date of the accident.
Who’s Liable For Damages in These Accidents?
As you might expect, liability for a motorcycle-related car accident in California isn’t all that difficult to figure out. Still, it helps to look at the basic building blocks for liability. In any car accident (regardless of the cause), it rests on negligence. So, when there’s a car accident caused by a speeding motorcyclist, it’s a fairly clear example of negligence.
With that established, the person on the motorcycle that was speeding and caused the accident is going to carry most of the liability for the accident. However, every accident is different. As such, others might also share some of the liability:
- Other drivers – If another driver did something that caused the motorcycle to speed up or drive recklessly, they could also be responsible for the accident.
- Passenger on the motorcycle – If the passenger on the motorcycle was urging the rider to drive dangerously or was distracting them, they might also be partly to blame.
- Owner of the motorcycle – If someone borrowed the motorcycle, the owner could be responsible, especially if they let someone who wasn’t licensed or experienced ride it.
- Manufacturers – If something was wrong with the motorcycle or car, like a defect, and it caused the accident, the company that made the vehicle or the mechanic who last fixed it could be responsible.
- Road authorities – If the road was poorly designed, didn’t have the right signs, or wasn’t properly maintained, the local government could be held responsible for the accident.
Obviously, speeding isn’t the only factor that goes into these accidents. But from your perspective as the accident victim, it’s especially important in these accidents to do things to protect your claim.
How Can You Protect Your Claim After a Car Accident Caused by a Speeding Motorcycle?
Whenever you’re in a car accident, it’s vital to take certain steps right after the accident happens. This not only takes care of your health and safety, but your potential claim. That said, in situations where the accident is caused by a speeding motorcycle, it changes things a bit. Most likely, a speeding motorcycle isn’t going to even know they caused an accident between two other cars. But, that doesn’t change their liability. In order to protect your claim, though, you need to do the following:
- Call 911 for an ambulance – If anyone is hurt, call 911 right away to get medical help. Even if your injuries seem minor, getting checked out can link any injuries to the accident.
- Report the accident to police – Contact the police to report the accident. They will create an official report, which will help with insurance and legal claims. Make sure to explain how the speeding motorcycle caused the accident. Also tell the police if the motorcycle fled the scene.
- Gather information – Get the name, contact information, and insurance details of the motorcycle rider, as well as any witnesses. If the motorcycle fled the scene, try to remember details about it, like the color and the make of the bike. The more information you’re able to get, the stronger your claim will be.
- Document the scene – Take photos or videos of the accident scene, including vehicle damage, skid marks, and road conditions. This evidence is important for proving what happened.
- Watch what you say – Be careful not to admit fault or apologize at the scene. Stick to the facts, and consider speaking with our team before talking to insurance companies.
Taking these steps after a car accident with a speeding motorcycle can protect your rights and make your case stronger. Speeding motorcycles are obviously risky for a variety of reasons, but as a driver in a car, it’s important to understand how these accidents happen so you can be better prepared.
How Does a Speeding Motorcycle Cause a Car Accident?
While a speeding motorcycle might not directly cause a car accident, the mere presence of a speeding motorcycle is extremely dangerous for everyone on the road. Thankfully, if you’re in your car, you’re at least somewhat protected from a collision with a motorcycle. But the reality is that when a motorcycle is speeding, it can cause different car accidents:
- Chain reactions – When a motorcycle is going too fast, it can suddenly cut in front of cars or change lanes abruptly, making it hard for drivers to react in time. This can lead to chain reactions where cars collide as they try to avoid the speeding motorcycle.
- Rear-end collisions – if a speeding motorcycle causes a car to brake suddenly or swerve, it might lead to rear-end collisions or sideswipes with other vehicles.
The high speed of the motorcycle makes these situations more dangerous and increases the risk of accidents between multiple cars. This increases the likelihood that you, the driver of the car, will be more seriously injured. That’s where our team can step in and stand up for your rights.
Contact Maison Law After a Car Accident Caused by a Speeding Motorcycle in California
Whenever you’re in a car accident in California, you have certain legal rights. But every situation is different, and one where the accident is caused by a speeding motorcycle is especially dangerous. In these situations, it can get confusing. That’s where our team at Maison Law can help you. We’ll explain your options and figure out what you need to do to recover your damages. If you’ve been hurt in a car accident caused by a speeding motorcycle in California, contact us today for a free consultation.