Get Help From Award-Winning Motorcycle Accident Lawyers in West Covina
Motorcycle accidents happen all the time in West Covina and its surrounding area. If you’ve been involved in a motorcycle accident, you need to find an attorney that you like and trust. Lem Garcia motorcycle accident attorney in West Covina, provides personable, aggressive, and tireless legal representation for clients injured in motorcycle accidents throughout Southern California.
The roadways in Southern California are often dangerous and congested, leading to an alarming number of accidents each year. For motorcyclists, these crashes can be devastating, even if they are wearing the proper protective gear. At Lem Garcia Law, our team of experienced and passionate motorcycle injury lawyers actively advocates for victims who have been injured due to a motorcycle accident. We’ll work tirelessly to help you claim the monetary damages that you are entitled to.
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Leading Causes of Motorcycle Accidents
Image via Flickr by Mitchell Haindfield
There are many factors that can lead to an accident, such as:
- Poor road conditions and weather
- Lane splitting
- Weaving through traffic
- Distractions such as eating, texting, or talking on a cellphone
- Impairment because of drugs and alcohol
- Inexperienced riders or drivers
Though there are a lot of variables that can contribute to a motorcycle accident, California is especially susceptible because it is one of the few states where lane splitting is legal, allowing motorcycles to drive in between lanes in slow or stopped traffic. This policy has directly led to several motorcyclist injuries and even death. Even with lane splitting being a contributing factor, one of the leading causes of motorcycle accidents nationwide is the presence of negligent drivers who are often unaware of the laws and policies designed to protect cyclists and bikers.
What Should I Do After a Motorcycle Accident?
If you’ve been in a motorcycle accident, you may be physically, mentally, and emotionally damaged. Through no fault of your own, you are injured and your bike is ruined. It’s important that you get the right medical attention and legal help that you need. First, take care of your health and make sure that you seek the appropriate medical attention. As soon as you’re able, speak to an attorney who can help you receive the best possible result for your case.
Common Motorcycle Accident Injuries
Regardless of the cause, motorcycle accidents often result in both emotional and physical damage. In fact, according to the National Highway Traffic Safety Administration, there were 4,985 motorcycle accident fatalities in 2018. In most accidents, it’s the front of the motorcycle that suffers the most damage, which usually results in injuries to the feet and legs. After the lower extremities, the next body parts to be affected are typically the neck, head, and arms.
A majority of these injuries consist of broken bones and fractures, lacerations, abrasions, and contusions. Unfortunately, there is also a high likelihood that riders can be faced with more serious consequences, like brain injuries, paralysis, or death. That’s why it is extremely important that you wear the appropriate protective gear when riding a motorcycle. Not only do you need to wear a helmet but also gloves, a jacket, the right pants, and boots to stay safe.
How California Determines Fault for Motorcycle Accidents
In California, multiple parties can be deemed responsible for an accident. However, even if the driver and the motorcyclist are both at fault, it doesn’t necessarily mean that the victim should be deprived of damages. It just may entitle them to less compensation. We work alongside experts, witnesses, and law enforcement to determine who is more at fault in an accident.
Because California is a pure comparative negligence state, the courts will assign percentages of fault to the plaintiff and defendant. After the level of fault is determined, the plaintiff’s compensation is adjusted accordingly. For example, if a motorcyclist is entitled to a $100,000 award but is found to be 25% responsible for the accident, they would only receive $75,000 in damages.
How Not Wearing a Helmet Can Affect a Motorcycle Accident Claim
The state of California requires that all motorcyclists and their passengers wear helmets approved by the Department of Transportation. Aside from potentially leading to serious injuries, such as a traumatic brain injury in a motorcycle crash, failure to wear a helmet could negatively influence the outcome of your personal injury lawsuit after an accident. If you suffered a brain or head injury that a helmet could have prevented, a defendant can use this as evidence against you.
Even though failing to wear the appropriate safety gear can negatively affect your case, you may still be able to receive partial compensation because California is a pure comparative negligence state. The courts would simply deduct your percentage of fault from the total compensation that would be awarded. Working with a motorcycle injury attorney can ensure that, with or without a helmet, you are able to minimize your level of fault for the accident and receive the money that you are entitled to.
Available Damages After a Motorcycle Accident
In cases of motorcycle accidents, there are many damages that could entitle you to compensation. Whether you are seeking reparation from the city, a motorcycle manufacturer, or an at-fault driver, you could be reimbursed for:
Noneconomic damages: Noneconomic damages compensate the victim for intangible pain, such as trauma, anguish, distress, and suffering.
Lost wages: You can be entitled to compensation to make up for the time needed off from work as a result of medical care or recovery. This can also include any lost future earnings caused by a sustained disability.
Property repairs: Based on the value of the motorcycle before the crash occurred, you could receive funds to repair your damaged vehicle. In cases where the motorcycle was totaled in the accident, the defendant may have to pay to replace the vehicle altogether.
Medical expenses: Medical bills can add up after a serious accident. Reimbursement is often awarded for past and potential health care costs, such as prescription drugs, rehabilitation, travel expenses, doctor’s appointments, and surgeries.
How To Get Your Life Back On Track
A motorcycle accident can ruin your health, and your finances, and take up all your time. You need to assemble the right team to help you get your life back to normal as soon as possible. If you’ve been injured in a motorcycle accident, I look forward to helping you maximize your recovery for your accident and injuries. I can help you get your motorcycle fixed, get the most for your motorcycle if it has been totaled, get your medical bills paid, recover your lost wages, recover for your pain and suffering, and more.
I’m happy to handle the legal stuff for you so you can get back to your life as quickly as possible.
Should I Handle My Case On My Own?
My number one rule for motorcycle accident victims is that they should speak with an attorney. Most personal injury attorneys may offer free consultations, but all of them won’t tell you what is truly best for you. There are situations where you could be better off if you handle your claim on your own. If this is the case, I will be happy to tell you. Ultimately, I want what is best for you. However, most of the time it is in your best interest to have a lawyer represent you because a skilled lawyer will be able to get you a better settlement amount.
Never Settle With The “Nice” Insurance Adjuster
Contrary to their catchy slogans, insurance companies aren’t looking out for the consumer. Insurance companies look out for themselves first and foremost. Collectively, the U.S. insurance industry has $3.8 trillion in assets. They have so much because they save too much. They save by denying and minimizing claims as much as possible. Without an attorney, you probably won’t be able to get the best settlement for yourself and your family. Do what’s best for your family and get maximum compensation by talking to an attorney.
Talk To A Lawyer For Free
After a motorcycle accident, give me a call anytime. I provide FREE consultations to motorcycle accident victims throughout Southern California. I am committed to giving you and your case the personal attention and respect you expect from your personal injury lawyer.
Featured Client Testimonial
“I highly appreciate the work Lem Garcia, and the staff put in for me. I loved the fact that Lem showed up (as I was injured) himself to my house to confirm the process of the case. They all showed support and cared about the situation. Thank you all very much.” –Ruben S.
At Lem Garcia Law, we’re committed to giving your case the attention and respect you deserve from your personal injury lawyer. We offer free consultations for motorcycle accident victims throughout Southern California. If you or a loved one has been injured in a motorcycle accident, contact us anytime. We would be honored to be your motorcycle injury attorney and help you get the compensation you deserve.
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Lem Garcia | Law
1720 W. Cameron Ave., Ste. 210
West Covina, CA 91790
17777 Center Court Dr.
Cerritos, CA 90703
(By Appointment Only)