Reviewed by Adrianos Facchetti, Esq. California State Bar #243213. This web page was evaluated for the accuracy, clarity, and helpfulness for California personal injury law in regard to motorcycle accidents occurring in Culver City as well as other areas within Los Angeles County. The California State Bar listing for Adrianos Facchetti can be found online.
Injured While Riding in Culver City?
A Culver City motorcycle accident lawyer will look into what really caused your accident, preserve evidence before it is lost, handle insurance claims, and determine what compensation is available. The causes of many motorcycle accidents are often related to visibility issues, lane positioning, speeding, left-turn accidents, lane-changing accidents, and whether the driver was able to see the rider before the accident took place.
Motorcyclists can sustain very severe injuries while sustaining little damage to their vehicle because motorcycles do not offer any structural protection to their riders. Such accidents occur in Culver City in locations such as on the Venice, Washington, Jefferson, and Culver boulevards, as well as the I-405 freeway. They can also happen in Downtown Culver City and the Helms Bakery District, for example. A Culver City personal injury lawyer familiar with motorcycle cases can help sort through what happened and who may actually be responsible.
What to Do When the Driver Claims the Rider Was at Fault
This occurs quite often, and it needs to be addressed head-on before accepting its validity.
Insurance companies and drivers alike regularly assign blame to the rider when there’s a motorcycle accident, arguing that the rider was speeding, engaging in unsafe lane splitting, changing lanes incorrectly, was difficult to see, tailgating, and generally contributing to the accident. The rider cannot accept this position, regardless of the insurance company claiming it, because it isn’t necessarily the truth.
California has a comparative fault system, which means the rider can receive compensation for a crash even if they were partially at fault for it. They just won’t get all of the compensation, depending on their percentage of fault, but they’ll still be able to claim something. The fault needs to be determined based on actual evidence and not preconceptions about motorcycles and their riders.
Depending on the specifics, there may be liable parties other than the driver who caused an accident. Liable parties can include:
- Negligent driver
- Rideshare driver
- Commercial vehicle driver
- Employer, if the at-fault driver was employed
- Owner of the vehicle if he or she is different from the driver
- Defective vehicle or motorcycle parts manufacturers
- Public entity, in case of dangerous roadway conditions
Some motorcycle crashes don’t include more than one liable party. In some cases, the rider only has to deal with a single driver responsible for the accident. Other accidents will involve more than one liable party, after all the facts are revealed. If there is any dispute about fault, this guide about liability in California personal injury cases will be helpful.
Evidences That Can Change a Motorcycle Accident Case
Motorcycles will be fixed, towed away, or written off in no time, and the surveillance video taken by nearby businesses will likely be overwritten in days. Time is of the essence in collecting evidence for a motorcycle accident case.
- Police report
- Scene photographs
- Damage to the motorcycle
- Damage to the other vehicle
- Helm and riding gear
- Skid marks or debris
- Contact information of witnesses
- Surveillance footage from nearby businesses
- Dash cam footage
- Footage taken by traffic cameras, wherever available
- Medical records
- Repair estimate
- Towing logs
- Correspondence with insurance companies
- Phone records, where applicable in distracted driving cases
- Event data from vehicles involved
- Accident reconstruction in serious cases
Make sure you photograph the motorcycle before any repairs take place, and if possible, save your riding gear as well since it can help determine the direction and force of impact.
California Motorcycle Laws That Could Apply to Your Claim
There are certain laws that commonly apply to motorcycle accidents. It is important to know what they are.
Lane splitting is allowed in California according to California Vehicle Code § 21658.1. A rider cannot be held liable because of lane splitting even though insurance companies try to do so. Whether helmet usage will apply to the case will depend on the type of injuries suffered, but generally, it won’t affect your claim. Other factors like speed, lane positioning, signaling, and right-of-way might also affect liability.
Comparative fault in California might lower the compensation received based on the extent of one’s own contribution to the accident, but only the particular facts of the case matter. There are more laws related to motorcycles outlined in the California DMV motorcycle handbook.
What Your Motorcycle Injury Claim May Cover
Motorcycle crashes frequently cause serious injuries given the lack of protection a rider has, including road rash, fractures, traumatic brain injuries, spinal injuries, internal injuries, and shoulder or leg injuries.
Potential economic losses:
- Emergency treatment
- Hospital bills
- Surgery
- Rehabilitation and physical therapy
- Future medical care
- Lost wages
- Reduced earning ability
- Motorcycle repair or replacement
- Damaged riding gear
- Transportation expenses
- Other documented out-of-pocket costs
Potential non-economic losses:
- Physical pain
- Emotional distress
- Loss of enjoyment of life
- Permanent impairment
- Scarring or disfigurement
- Wrongful death damages, when applicable
There is no reliable average settlement that predicts what an individual motorcycle accident claim is worth. Claim value depends on injury severity, medical evidence, fault, insurance coverage, lost income, long-term effects, and the strength of the evidence in your specific case.
Steps to Take Before Evidence Vanishes
The first days and hours following a motorcyclist accident may make a difference for you now and later on.
- Seek medical attention. It’s important regardless of whether you feel fine or not.
- Report the accident and receive the report number. Establishing an official document is crucial.
- Take photos of the motorcycle, other vehicles, road, debris, and injuries. Record everything you can safely.
- Preserve damaged gear. Do not repair, wash, or throw away anything.
- Collect witness names and contact details. While they are still there at the accident site.
- Record nearby business establishments or surveillance cameras that may have recorded the accident. List their locations.
- Preserve all related documents starting from day one, such as medical bills, repair quotes, and letters from insurance companies.
- Don’t give detailed recorded statements until you know the insurance company and the reasons why you are asked for it. The initial statements may become grounds for your liability in the future.
Evidence preservation is vital since the surveillance footage may become overwritten and the vehicles are likely to be fixed or scrapped.
Seek Legal Advice after a Culver City Motorcycle Accident
If you were injured in a motorcycle accident in Culver City, our law firm can evaluate your case and explain your legal options. Our initial consultation is at no cost, and there is no commitment to proceed further.
We offer a zero-fee initial consultation, and we only take a fee if we recover compensation on your behalf. If your case involves insurance disputes, liability questions, personal injuries, or even loss of income, we will be able to guide you in your particular circumstances.
Some of the things we can discuss during your consultation include:
- Review how the crash happened
- Discuss who may be legally responsible
- Identify evidence that should be preserved
- Review insurance and medical issues
- Discuss California filing deadlines
- Explain what may happen next
Contact us through our website when you are ready for a consultation.
FAQs on Culver City Motorcycle Accident Claims
Is lane splitting legal in California?
Yes. Lane splitting is legal under California Vehicle Code § 21658.1. Engaging in lane splitting at the time of an accident is not by itself grounds for holding a rider liable for the accident.
Can I collect compensation for damages if I am partly at fault for the motorcycle accident?
Yes. Under California’s pure comparative negligence rules, a motorcyclist may still recover compensation even if he or she bears some portion of fault for an accident. The amount of compensation is adjusted according to the motorcyclist’s percentage of fault.
What should I do if the insurance company blames me for causing the accident?
You shouldn’t assume this conclusion is correct. Collect your own evidence and get a legal opinion about how strong a case you may have.
What evidence is most important in a motorcycle accident claim?
Photos of the motorcycle and accident site, police report, photos of damaged riding gear, witnesses’ contact information, and footage from surveillance and/or dashcam video cameras. Swift action is necessary because such evidence can disappear quickly.
What compensation might be available to a motorcycle accident victim?
Medical costs, lost wages, repairs/replacement of the motorcycle, pain and suffering, among others. The type and amount of compensation that might be possible in your case depends on the nature of your injuries and other aspects of your accident.
What is the typical motorcycle accident settlement amount in California?
There isn’t a typical figure. It depends on many factors such as the severity of your injuries, evidence supporting your claim, level of fault of the defendant, insurance cover and the consequences of the accident on your life, among others.
How long do I have to file a motorcycle accident claim in California?
Two years from the date of your accident for cases against private parties. California Code of Civil Procedure § 335.1 provides the deadline for filing personal injury claims against private parties. But if a public entity was involved in the accident, you may have only six months from the accident date to file a claim under California Government Code § 911.2.
How much does it cost to hire a Culver City motorcycle accident attorney?
Culver City motorcycle accident attorneys work on a contingent basis, meaning there is no fee unless there is recovery. The Law Offices of Adrianos Facchetti works on a contingent basis.
Riders who are seeking background information on where to find a motorcycle accident lawyer in the Culver City area can also refer to the motorcycle accident resource center on LawInfo’s website.
