Many people enjoy riding their motorcycles in California. Unfortunately, serious accidents are common, and injuries and deaths happen every day. Understanding motorcycle and traffic laws and regulations is essential to stay safe.
Below, learn about motorcyclists, the right of way, and other information about motorcycle claims. Talk to an experienced motorcycle accident claim attorney if you have a case.
Right Of Way For Motorists And Motorcyclists In California
Right-of-way is critical in traffic safety, particularly for motorcyclists and cyclists. Bike and motorcycle riders are not protected from accident forces, so understanding the right-of-way rules is vital for staying safe.
Right of way in California refers to which motorist goes first when vehicles meet each other on the road. Some scenarios to be aware of where right of way is involved are:
Intersections
Cars and motorcycles often travel in opposite directions in intersections, so the right of way is vital to understand. Traffic lights do most of the work to keep people safe, but drivers and riders must use good judgment and understand the right way to avoid accidents.
When Vehicles Enter Traffic In Intersections
If you are on a motorcycle and turning in an intersection, you must know if oncoming traffic has the right of way. Generally, if you turn left with a green light, you must give the right of way to oncoming traffic. You usually have the right of way if you have a green arrow. Motorcyclists should use care to ensure they have the right of way when turning in an intersection.
Turning right in an intersection can also be hazardous if you don’t use caution regarding the right of way. Motorists can turn right on red after stopping if there isn’t oncoming traffic. It’s critical to ensure that you allow oncoming traffic to proceed before you make your right turn.
On A Two-Lane Road
Suppose you are riding your motorcycle on a rural, two-lane road in California. A car coming in the opposite direction has its left turn signal on. The other driver is usually required to give you the right of way because you are going straight. However, many serious motorcycle accidents happen in this situation.
The driver turning left may not see the oncoming motorcycle or misjudge the motorcycle’s speed. This is a common severe accident, so motorcyclists should be cautious when approaching a vehicle turning left on a two-lane road.
A motorcycle accident in this scenario can be severe, and you should have a motorcycle accident review your case if you suffered an injury. The other driver may be at fault and owe compensation to you in a personal injury lawsuit.
When Roads Merge
Merging two roads usually has a yield sign. You, as the motorcyclist,t may have the right of way if the other lane has the yield sign. Ensure that the other driver yields to you to avoid an accident. You need to yield if your lane has the Yield sign.
When Cars Change Lanes
When changing lanes, the car or motorcycle in the other lane has the right of way. Suppose the car next to you wants to change into your lane. You can be in the driver’s blind spot, and there can be a serious accident. Drivers often don’t see motorcycles in their blind spots when changing lanes. Talk to a motorcycle accident attorney if you suffered an injury in this type of accident.
When Lane Splitting
Lane splitting is legal in California in limited situations. Lane splitting is when motorcyclists travel between two occupied lanes of traffic to pass other vehicles. You are allowed to lane split in California on a motorcycle when the lanes of traffic travel in the same direction and when it’s safe to do so; this occurs when traffic stops. You have the right of way to split the lane in this situation.
However, you cannot lane split if cars are in motion, so you will be found at fault if there is an accident in this scenario.
Common California Motorcycle Accidents
Riding a motorcycle in the sun and enjoying the warmth of California is fun, but there are many risks. You can have the right of way, but you can still get in a serious crash when a driver violates the law and causes a crash. Common motorcycle accidents in California are:
Rear-End Crashes
Many rear-end crashes happen when a driver doesn’t see a motorcycle stopped in traffic or at a red light or stop sign. These accidents may cause severe injury or death. Your attorney may rely on dash cam or surveillance video footage to show that the driver didn’t yield the right of way to you.
Intersection Crashes
Many motorcycle accidents happen when a driver doesn’t yield right of way in an intersection, such as when turning left. You should consult a motorcycle accident attorney to prove that the other driver failed to yield the right of way and caused the crash.
Hit-And-Run Crashes
A hit-and-run motorcycle accident happens when the other driver leaves the accident scene. This is against California law and can lead to criminal charges. In a personal injury lawsuit, you can also sue the fleeing driver for damages.
Head-On Crashes
Many motorcycle accidents happen when an oncoming driver doesn’t see the motorcyclist, such as when a car driver is passing on a two-lane road. These accidents are usually severe or fatal.
How A Motorcycle Accident Attorney Can Help
Suppose you were hit on your motorcycle when you had the right of way in an intersection. The other driver turned left in front of you as you went straight. You have injuries and a wrecked bike. Retaining a motorcycle accident attorney is essential to maximize your compensation. A motorcycle accident lawyer can document if the other party was at fault for the crash. This is essential to receiving compensation in a personal injury claim. California law requires you to prove that the other driver was negligent and violated your right of way. Here’s how:
- The other driver had a duty of care to you. For example, drivers must yield the right of way to oncoming motorists and motorcyclists when turning left on a two-lane road.
- The driver violated their duty of care by turning left in front of you on a motorcycle.
- You have injuries from the accident, such as broken ribs and road rash.
- You have medical expenses and lost earnings from the accident.
Your personal injury attorney must examine and construct the crash evidence to prove to the insurance company that their client is to blame for the right-of-way accident. Common evidence that can prove fault are:
- Surveillance footage from traffic cameras or local businesses.
- Dashcam video from a car that was at the accident scene.
- Video and photos you took at the crash scene.
- Eyewitness testimony about the accident’s cause.
- Damages to the vehicles involved. For example, if the car driver turned left in front of you when you had the right of way, there will be damage to the side of the car.
- Police report
A skilled motorcycle accident attorney can build a convincing case about who caused a motorcycle accident. These crashes are often severe, so you should retain a personal injury attorney to obtain the most compensation.
What Is Your Motorcycle Crash Claim Worth?
You suffered a broken collarbone, road rash, and head trauma in a recent motorcycle crash where you had the right of way. You are out of work and cannot pay your bills. You want financial justice now. When will the case be settled? It’s a difficult question to answer without knowing the case details. Your motorcycle accident attorney will provide an approximate case value based on these factors:
Severity Of Injuries
Motorcyclists often have horrifying injuries from motor vehicle accidents. With serious injuries, such as broken bones, a head injury, and road rash, you can have a high settlement value. Severe injuries with long-term implications have a higher value than other claims.
Medical Expenses
Severe motorcycle accident injuries incur high medical bills, raising the claim’s value. For example, a serious head injury can cost hundreds of thousands to treat in the first week or two. You can have extensive medical bills for years for surgeries and rehabilitation.
Fault
Can your personal injury attorney prove that another driver violated your right of way and caused the wreck? The settlement value will be higher, and the timeline can be shorter. The insurance company may offer a higher settlement to resolve the case instead of risking a trial.
Insurance Questions
Assume that the other driver turned left before you and caused the accident. They were at fault, but their auto insurance policy only pays for $30,000 of bodily injuries. The driver doesn’t own a house or anything of value, so filing a lawsuit can be pointless in recovering more money.
Your car accident attorney will review your case and determine any possible insurance policy that can pay you. Another option is to file a claim on your UM/UIM policy if you have it. This coverage is useful if an uninsured or underinsured driver hits you.
Jury Bias
You talked to your motorcycle accident attorney and decided the settlement offer was too low. Taking the claim to court can lead to more money, but what if the jury goes against you?
Whether right or wrong, some juries in California have a bias against motorcyclists. They may have seen reckless motorcyclists endangering others on California roads. You were riding responsibly, and the other driver hit you, but their preconceived ideas about motorcyclists can affect your case.
One way to deal with potential jury bias is to work with a skilled motorcycle accident lawyer. They will know how to choose a quality jury with an open mind about your case. Also, your attorney will develop a case with strong evidence to show the jury that the other party hit and injured you.
When Will Your Case Settle?
The time to settle a motorcycle crash claim depends on several things. First, the quality of your motorcycle accident attorney is a major factor. A skilled attorney with a strong trial reputation will command more respect than a new attorney. The insurance company may feel motivated to settle the case quickly to avoid a trial.
Second, the willingness of the insurance company to cooperate affects the timeline. Some insurance companies may want to fight the claim, while others may be more likely to settle quickly.
Third, the severity of your injuries is a major factor. A permanent injury, such as a serious brain injury, may cost a lot to treat, and the insurance company may balk at your attorney’s settlement demand.
Fourth, clarity regarding fault and right-of-way matters. If the other driver caused the crash and was in the wrong, the case will settle faster than if you may have been at fault.
Last, the willingness of both sides to compromise will affect how quickly your motorcycle claim settles. If you demand the largest settlement and won’t budge, it may take longer to resolve the matter. Or, if the insurance company is reluctant to offer more than a few thousand dollars for a major injury claim, insurance negotiations can take months.
Your motorcycle accident lawyer will carefully review your case and understand the complexity involved to provide a rough case timeline. Remember, it may be worthwhile to compromise on the settlement amount so you can finish the case sooner rather than later. You probably have medical and regular bills to pay, and getting money in your pocket faster may be more important than getting the most money.
Retain An Experienced Motorcycle Accident Attorney Today
Motorcycle accidents can lead to catastrophic injuries and millions in damages. When injured in a motorcycle accident through no fault of your own, rely on a tenacious motorcycle accident attorney to obtain fair compensation. A motorcycle crash lawyer will accurately value your claim and fight for the best settlement from the insurance company. Talk to a motorcycle accident lawyer today in a free consultation.