Maison Law Accident & Injury Lawyers of Fremont advocate on behalf of rear-end motorcycle accident victims. If you or a loved one has been injured in a rear-end motorcycle accident in California, our team of accident attorneys will exercise every legal avenue to get you the compensation you need. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Rear-End Motorcycle Accident in California?
Rear-end motorcycle accidents are some of the most common types of motorcycle accidents in California. According to the Transportation Injury Mapping System, in just the Los Angeles area, there is an average of nearly 3,000 motorcycle accidents per year. Rear-end motorcycle accidents are also some of the most horrific because a motorcyclist’s back is their least protected area.
Motorcyclists involved in rear-end collisions will often need extensive medical treatment. Unfortunately, complete medical coverage through the insurance company is never guaranteed. Oftentimes, insurance adjusters will convince injured motorcycle accident victims to accept a “low-ball” settlement without knowing the extent of their injuries, leaving them with the burden of unpaid medical bills, property damage, and with no way of generating income.
On the other hand, a personal injury lawyer represents motorcycle accident victims. An accident attorney will file a lawsuit against the insurance company on your behalf and hold them responsible for the full extent of your damages. These damages include:
- Medical bills for present and future treatments
- Lost wages and earning capacity
- Cost of repairing your vehicle and other property damage
- Pain and suffering
- Wrongful death (if necessary)
Proving Fault in a Rear-End Motorcycle Accident
Rear-end accidents are most often caused by drivers following too close. This is inherently dangerous due to the small amount of time a driver will have to react if the car in front of them must come to a sudden stop. According to the California Vehicle Code 21703, drivers are not permitted to drive closer than is reasonably prudent and must drive with regard to the speed of the vehicle in front of them, the traffic on the road, and the conditions of the roadway.
Typically, rear-end motorcycle accidents are entirely the fault of the vehicle that rear-ended the motorcycle. By law, other drivers owe a “duty of care” to the people around them on the road. Duty of care isn’t just a suggestion for drivers, it is a law they must follow. According to Civil Code 1714, people are responsible for their actions and preventing their property from harming others. The statute states:
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.”
To establish another vehicle violated this law and caused your accident, you would need to prove the following:
- Duty of care: the driver had a legal obligation to drive with caution and prevent any hazardous incidents that could injure someone
- Breach: the driver failed to uphold their duty of care toward another driver
- Cause: the driver’s carelessness was a direct cause of the accident
- Damages: You suffered verifiable damages and incurred heavy losses due to the injuries sustained from the accident
What Should You Do if You’re Involved in a Rear-End Motorcycle Accident?
Let’s say you’re driving one Saturday morning, going south on HWY 1 toward San Diego. You pull off into a parking lot to get to Crystal Pier, but you’re forced to come to a quick stop as traffic has built up in the parking lot. The car behind you isn’t paying attention and slams into the back of your bike, sending you tumbling across the pavement. Your helmet cracks and your motorcycle gets crushed. What do you do?
In a situation like this, the key things to remember are to remain calm and seek medical treatment. Nothing is more important than your health and safety, so getting treatment should be at the forefront of your mind after any accident. Your next steps should be as follows:
- Call the Police: With minor accidents, some people would rather keep the police out of it and handle it themselves. This would not help your case, especially if the case comes down to your word over the step van driver. A police officer will file an accident report, and may even assign blame based on their collision assessment. A police report is critical evidence in any claim and will play a key role in ensuring you are fully compensated.
- Gather Evidence: You should document the accident as thoroughly as possible. Take pictures of the damage to your motorcycle, to the other vehicles, your injuries, skid marks on the road, and street signs or landmarks. Take a video of yourself recounting the accident while it is still fresh in your mind. And if there are any eyewitnesses, be sure to get their names and numbers as they can testify on your behalf, or provide a statement to corroborate your story.
- Collect Information: Exchange insurance information with the driver and be sure to get their name, phone number, and contact information.
What is the Typical Amount of Compensation for a Rear-End Motorcycle Accident?
It is common to wonder how much compensation you can receive for a motorcycle accident. While there is no specific amount, your compensation is determined by the extent of economic, non-economic, and punitive damages. These damages include:
- Medical expenses, including medical procedures, medical equipment, ambulance rides, physical therapy, and ongoing treatment
- Lost wages and earning capacity
- Property damage
- Pain and suffering, which covers the mental stress and trauma you’ve endured as a result of the accident
- Permanent disfigurement or scarring
Contact a Rear-End Motorcycle Accident Lawyer in California
If you or a loved one has been injured due to a rear-end motorcycle accident, the attorneys at Maison Law can get you the compensation you need. Even if you’ve suffered a minor accident, the damages you’ve endured can have a major impact on your health and finances over time. For expert legal counsel, do not hesitate to contact Maison Law today for a free consultation and case evaluation. There are no upfront charges for our services and we only get paid if we win your case.
