Motorcycle accidents may result in severe injuries or even death due to the vulnerability of the motorcyclist in an exposed, high-speeding vehicle. Here’s how to file a motorcycle accident lawsuit in California.
Under personal injury laws, any person injured by a motorcycle may file a lawsuit against those who caused the accident. Those indirectly involved in the accident may also file a lawsuit. For instance, family members who lost a loved one in a motorcycle accident can file a lawsuit seeking compensation.
What to do After a Motorcycle Accident Occurs
Receive medical attention
Prior to thinking about legal matters, ensure anyone involved in a motorcycle accident is unharmed. Call 911 (or ask someone else to) for any injuries. A motorcyclist is more vulnerable than a driver, whose accident may involve head, neck, or back trauma. Make sure to save all medical records, if evaluated by a doctor.
Acquire information from everyone involved in the accident
Whether the accident involves another driver, pedestrian, motorcyclist, or multiple parties, gather the following information from everyone involved:
- Vehicle license plate numbers
- Name
- Contact information (phone number, email, etc.)
- Driver insurance information
- Vehicle details (year, make, model, and color)
- VIN number (vehicle identification number)
- Witness contact information
Contact a motorcycle accident lawyer
Personal injury attorneys specialize in handling cases with motorcyclists in California. Personal injury attorneys will provide guidance throughout the insurance process and defend their client’s rights. The attorney will need to file a lawsuit against the at-fault party, determine who was at-fault, establish fault of the accident, and perhaps take the case to court.
Related: Grounds to File a Car Accident Lawsuit in California
What Vehicles Can Be Classified as ‘Motorcycles’ in California Lawsuits
In California, a motorcycle is considered as a motor vehicle with a seat/saddle for the rider, does not travel on more than three wheels, and has a motor displacing more than 150 cubic centimeters (150cc).
Similar to motorcycles are motor-driven cycles. Motor-driven cycles are considered motorcycles only with a motor displacing less than 150cc. For motor-driven cycles, a compliant helmet is required while riding.
Mopeds and motorized bicycles refer to any two or three wheeled device with an automatic transmission and a motor that produces less than 4 gross brake horsepower. Mopeds and motorized bicycles may have pedals to be propelled by human force, but it’s not required. The maximum speed of mopeds and motorized bicycles is 30 miles per hour. A driver’s license with an M-1 or M-2 endorsement is necessary, along with a helmet while riding.
Other electric vehicles, such as an electric bicycle, motorized scooter, electrically motorized board, pocket bikes/mini motorcycles, and motorized skateboards are solely authorized on private property or on bicycle lanes. In California, these electric devices are not considered similar to motorcycles in lawsuits or other legal situations.
Related: How Long Does It Take to Reach a Car Accident Settlement?
How To Prevent a Motorcycle Accident and Injury
To prevent the tedious process of a motorcycle lawsuit, try and avoid motorcycle accidents for the safety of all those on the streets. These tips will help prevent serious injury:
- Wear a full face Department of Transportation approved helmet at all times
- Do not speed
- Do not race with other vehicles
- Wear protective clothing (leather gloves, eye protection, boots, long pants and sleeves, etc.)
- Make sure you’re able to be seen by other drivers (use reflective gear and turn on headlights)
- Remain aware of intersections
- Avoid operating a motorcycle in bad weather conditions
- Never drive under the influence
- Follow up on Motorcycle safety courses
- Be alert – stay alert, stay alive
Contact Us
If you or a loved one would like to learn more about how to file a motorcycle accident lawsuit in California, get your free consultation with one of our personal injury attorneys in California today!