Can I recover money if a road hazard like a pothole caused my motorcycle crash?
Yes. You can sue the government entity responsible for road maintenance, provided you file a formal claim within the strict six-month government deadline.
What are the first steps I should take after a motorcycle accident?
Your immediate priority is your health. Due to the high risk of serious injury, seek emergency medical care even if you feel you can walk away. If you are able, document the scene thoroughly. Get photos of your bike, the other vehicle, and the surrounding area. Obtain the other driver’s information and any witness contacts. Do not discuss fault or minimize your injuries at the scene or with any insurance companies.
What are my options if I'm injured in a motorcycle hit-and-run?
A hit-and-run is a terrifying experience for a rider. Your primary path to compensation is through your own insurance policy’s Uninsured Motorist (UM) coverage. This coverage steps in to act as the at-fault driver’s insurance, covering your medical bills and other damages up to your policy limit. At Karns & Karns, we specialize in navigating these complex UM claims to ensure our clients receive the full benefits they are entitled to.
How is fault determined in a lane-splitting accident in California?
Lane splitting is legal in California, but it must be done in a “safe and prudent” manner. Determining fault in these cases is highly fact-specific. An insurance company may try to place blame on the rider. However, if a car driver changes lanes without looking, opens a door, or otherwise acts negligently and causes the accident, they are liable. We investigate factors like speed differential, traffic conditions, and driver attentiveness to build a strong case for the rider.
Does not wearing a helmet affect my injury case in California?
While California law requires all riders to wear a helmet, failing to do so does not prevent you from recovering money. However, it may impact the value of your case, especially if you are seeking compensation for a head injury. The defense will argue that your failure to wear a helmet contributed to the severity of those specific injuries. Our approach in these situations is to work with medical experts and biomechanical engineers to demonstrate which injuries would have occurred regardless of helmet use, ensuring you are not unfairly blamed for failing to wear a helmet.
What is the government entity's liability when a road hazard causes a motorcycle crash?
Government entities can be liable for crashes caused by known, uncorrected defects like severe potholes, missing guardrails, or poor signage. These cases require proving the government entity had notice of the danger and failed to act.
How often should I replace my motorcycle helmet?
Most helmet manufacturers and the Snell Memorial Foundation recommend replacing your helmet every five years, even if it has never been in a crash. Over time, the materials in the helmet, like foam and resins, degrade from exposure to sweat, hair oils, and the elements, reducing their protective capabilities. You must always replace your helmet after any impact or crash, no matter how minor, as its structural integrity will be compromised.
What if the insurance company tries to blame me for a motorcycle accident?
Insurance companies frequently try to blame motorcyclists, claiming they are reckless or were speeding. Our attorneys at Karns & Karns are prepared for this defense and will work to prove that the at-fault driver’s negligence—for instance, failing to see the motorcycle—was the true cause of the accident.
As a car driver, what is the best way to safely share the road with motorcycles?
The single most important thing a car driver can do is to actively look for motorcycles. Always double-check your blind spots before changing lanes, as motorcycles can be easily hidden. Give motorcycles a full lane’s width; do not try to share a lane with them. Increase your following distance, as motorcycles can stop much more quickly than cars. A little extra caution and awareness can prevent a tragic accident.
Why are motorcycle accidents more likely to result in catastrophic injuries?
Motorcyclists lack the physical protection of a car, leaving them vulnerable in a collision. This means they are far more likely to suffer catastrophic injuries like TBIs, spinal cord damage, road rash, and broken bones.
How does California’s helmet law (CVC § 27803) affect my injury claim?
CVC § 27803 mandates helmet use for all riders. While failure to wear one doesn’t automatically bar recovery, the defense will use it to argue that the rider’s comparative negligence contributed to the head or face injury severity.
What kind of permanent injuries are commonly associated with motorcycle accidents?
Common catastrophic injuries include: bone fractures, severe road rash (which often requires skin grafts), spinal cord injuries, and traumatic brain injuries (TBI), even with a helmet, due to severity of forces involved in motorcycle crashes.