Answers to Frequency Asked Questions Concerning Motorcycle Accidents
What should I do if I am involved in an accident on my motorcycle?
First, take care of your health and safety. Call 9-1-1 if you suffered an injury and need medical care. Get out of the roadway and to a safe place.It is important that you do not admit any fault or sign anything (i.e. any forms from an insurer) in order to preserve your rights.If possible, you should take photos of the scene of the collision, your injuries, and the damage to your motorcycle.
Keep copies of any medical records or bills, repair receipts, wage loss, and make records of any related expenses.
Obtain a copy of the Traffic Collision Report from the relevant law enforcement agency as soon as you can, even if the report’s conclusions are not favorable to you. One issue our firm deals with frequently is confronting a Traffic Collision Report which concludes that our client was at fault when, in fact, they were not at fault. Often, there can be a bias against motorcyclists on the part of the reporting officer (who typically does not witness the subject collision) and our firm works very hard for our clients to overcome such obstacles and ensure their financial recovery.
Then call us toll free at 888-452-4752 or contact us through our website. We will review your claim for free and with no obligation on your part.
Must I tell the DMV if I am involved in a traffic accident?
If you are involved in a vehicle accident that occurred in California, you must report it to DMV using Form SR-1 if:
- There was property damage of more than $750 or
- Anyone was injured (no matter how minor) or
- Anyone was killed.
Each driver must make a report to DMV within 10 days, whether you caused the accident or not and even if the accident occurred on private property. Mail the completed report form to the address on the form.
I was involved in a collision when a car traveling in the opposite direction turned left in front of me while I was riding my motorcycle. Who is at fault?
This is one of the most common types of crashes involving motorcyclists that we encounter at The Dolan Law Firm. The driver of an oncoming car making a left turn into your path is almost always liable for a collision with a motorcycle traveling straight through an intersection. Exceptions to this near-automatic rule can apply if the vehicle going straight was going well over the speed limit, or ran a red light.
What does “comparative negligence” mean when determining who is liable for a motorcycle accident?
Comparative negligence apportions fault among the drivers involved in a collision based on their degree of negligence or carelessness that contributed to the accident. In more basic terms, did you do anything that helped cause the collision? Did you do anything that led to injuries you suffered from the collision?Where a motorcycle is concerned, a common example of comparative negligence might be excessive speed, or if the motorcycle’s headlamp, brake light, or tail light is inoperable, especially if the collision happened at night.Frequently, we see juries apportion a percentage of comparative fault to motorcyclists simply because they were riding a motorcycle, albeit legally and safely. We know that some persons feel that riding a motorcycle, even if the rider has done nothing wrong, is itself a dangerous act. Our firm fights hard every day to educate the public, and juries, to negate this unjustified bias and preserve our clients’ rights.
Will my health insurance coverage or paid sick leave from work limit my recovery for my motorcycle accident?
I was injured in a motorcycle accident, but I wasn’t wearing a helmet. Can I still recover damages from the other driver?
How do I know if a motorcycle helmet is acceptable under my state’s helmet law?
I ride a motorcycle and I don’t understand how the state can legally tell me I have to wear a helmet. Is that really something they can do?
If I get into an accident on my motorcycle, should I get a lawyer to help me?
You should definitely enlist an experienced lawyer’s help to determine whether you have a legal claim for damages. Issues in your potential case, including compliance with traffic laws, motor vehicle regulations, overcoming an unfavorable Traffic Collision Report, medical treatment issues, and liability, all require analysis by an attorney who is experienced in the area of motorcycle and motor vehicle accident liability.
Contact Top Rated Motorcycle Accident Attorneys at the Dolan Law Firm
For a free case evaluation by an experienced motorcycle crash attorney at The Dolan Law Firm call us toll free at 888-452-4752 or complete our contact form. We will review your claim for free and with no obligation on your part. We apply our extensive knowledge of the law and trial skills, as well as the firm’s substantial financial resources and access to experts, to provide each client with superior legal representation.