California has beautiful weather conditions and scenic ocean roads that enable motorcycle riders to enjoy the freedom of their mode of transport. However, compared to motorists, motorcyclists are more exposed to catastrophic injuries and death due to lack of protection, limited visibility, and inbuilt speed. Whether the motorcyclist is experienced or a novice, they are prone to accidents, primarily because of negligence from other parties.

The main difference between motorcycle and car accidents is the injuries' severity and the number of deaths. Motorcyclists depend more on safety gear like helmets to reduce injury severity or death. On the other hand, drivers or motorists have seat belts, airbags, and a metal barrier for protection. Nonetheless, the two have related causes like speeding, disregarding traffic lights, distracted driving, and driving under the influence.

When you sustain injuries in a motorcycle crash, you can seek compensation to help you treat your injuries and live a comfortable life under new circumstances. And if you are still wondering how motorcycle and car accidents differ in personal injury cases, this blog highlights the differences and actions to take after a collision.

The Severity of Motorcycle Crashes

Injuries from motorcycle collisions are more challenging to manage than those obtained in car accidents. One common difference is the seriousness of these crashes in that motorcycle riders, and their passengers sustain catastrophic injuries because of the motorcycle’s vulnerability.

Similarly, you will require lifetime treatment because you will likely suffer spinal cord and traumatic brain injuries as a motorcyclist. Besides, when seeking compensation for medical bills, you must include future medical bills in your claim because of future medical expenses.

Also, motorcyclists face unfair prejudice when seeking compensation in court. You will be stigmatized because of a few motorcyclists' reckless or risky behavior. Jurors view motorcyclists as reckless; the stereotype can apply to you, the safe rider. Therefore, even if you claim compensation from a car driver, the lawsuit's verdict could be against you because of the stereotype. It would help if you had an experienced motorcycle accident attorney in your corner. A profound motorcycle attorney will expose the biases towards you when picking the jury to ensure the prejudiced ones are left out of the case. Again, they will prove to the court that you are a safe rider.

Furthermore, motorcycle collisions lead to more wrongful deaths of riders and their passengers than car accidents.

Motorcycle Accident Statistics 

Over the last few years, the number of fatalities from motorcycle crashes have risen. The scenic roads, large population, and mild and dry weather in California make it a leader in motorcycle registration nationwide, with a total of 785,424 registrations. As per the NHTSA, two-wheeled motorcycles accounted for 91% of fatal motorcycle crashes. The number is significantly high compared to car accidents. Riders lack protection from the road surface, and in the event of an accident, even a minor one, they obtain severe injuries.

Regarding death, motorcyclists and their passengers are thirty times more likely to die in an accident than car occupants. Statistics by the NHTSA show that California is a leader in the number of motorcycle crash deaths in the U.S., with 515 deaths reported in 2017. The same year alone, there were 5,172 motorcycle deaths, accounting for 13% of motor vehicle deaths in the country. This was a drop in fatalities compared to 2016 when there were 5,337 motorcycle deaths. The Insurance Institute for High Safety associates these numbers with limited vehicle visibility, built-in speed, and lack of protection.

Motorcycle Collision Causes

There are several potential causes of motorcycle accidents, most of them stemming from negligence or recklessness by truck and car operators. Motorists have a duty to drive cautiously and share the road with other users like motorcyclists. Unfortunately, most motorcycle collisions involve motor vehicles. Besides, the small motorcycle sizes make it challenging for car drivers to spot them on the road leading to accidents. These motorcycle crashes are common at night or when bad weather results in poor visibility.

Similarly, speeding by both car drivers and motorcyclists is another cause of these accidents. NHTSA reports that of the total motorcycle accidents reported in 2017, 32% were caused by speeding, and only 18% of car drivers were involved in car accidents due to speeding. NHTSA determines whether speeding caused an accident if the driver that causes your accident is charged with speeding, accused of racing, or exceeding the provided speed limit. The law requires drivers to maintain a distance of at least 16 vehicles to brake effectively without hitting other cars or motorcycles. Sadly, when a driver is speeding, it is difficult to brake effectively, which can cause you, a rider, serious injuries due to the impact of the vehicle's speed.

Also, car drivers can cause motorcycle crashes when they make unsafe left turns. California traffic laws are clear that a driver must yield the right of way to oncoming traffic at an intersection or when turning into a highway. Due to the small motorcycle sizes, drivers can fail to spot you, especially when you are behind another vehicle. Also, failure to accord motorcyclists the respect they deserve on the road can cause the car driver to try and beat the light, causing you to collide with oncoming traffic. In these circumstances, the car driver is liable for your injuries and must be sued.

Lane splitting for motorcyclists is legal in California, but it comes with its downsides. The risk of being involved in an accident is high because of unsafe maneuvers. When a driver changes lanes, they must check their blind spot to ensure no motorcycles are nearby or signal before changing lanes. The motorcycle accident risk is elevated if a driver attempts lane maneuvering without performing these two duties. One, you could hit the vehicle on the rear end or collide with another vehicle as you avoid striking another vehicle. You are eligible for compensation when a car driver causes a crash because of making an unsafe left-hand turn.

Another cause of motorcycle collisions is opening vehicle doors into the way of oncoming traffic, primarily motorcycle riders. Occupants of cars parked along the street must be extra careful when opening doors. When they fail to check for oncoming traffic entering or exiting the vehicle, an oncoming motorcyclist will ram into the open door on its path, causing an accident. If you are involved in a motorcycle crash after a car door is opened into your path, you should sue for damages.

Moreover, motorcycle collisions can be caused by impaired or intoxicated drivers. Intoxication, whether by alcohol or drugs, increases the risk of motorcycle crashes because of impaired judgment, slow reaction time, and blurry vision. Poor vision and low reaction time increase the risk of motorcycle accidents, particularly at night.

Finally, distracted driving, like using the phone or eating while behind the wheel, elevates the risk of motorcycle crashes. Apart from car drivers, other parties could be held liable for your crash injuries. One of these parties is the local municipality. You will sue them for compensation if a hazardous road condition causes your motorcycle accident. Some of the dangerous road conditions that could cause an accident are:

  • Loose gravel
  • Potholes
  • Damaged road signs
  • Broken light posts
  • Irregular sidewalks
  • Damaged road signs
  • Lifted asphalt

You will be suing the municipality or relevant local government authority in charge of the property because, under the law, these agencies are property owners and responsible for keeping the road safe. Failure to do this and injuries stem from their negligence; the city will be liable for losses. Nevertheless, it is crucial to understand that when filing a claim against a government agency, local, state or federal, as a rider, you must demonstrate that:

  • The agency you are suing owned or controlled the road or park with the hazardous conditions
  • At the time of riding, the road was in a dangerous condition
  • The condition created an imminent risk of injury
  • The relevant agency was aware of this condition for a long time but did not take action to protect road users
  • You, the plaintiff, obtained injuries due to the dangerous condition

Alternatively, you can file a claim against your motorcycle repair shop or manufacturer when an accident happens due to mechanical issues.

Motorcycle Collision Injuries are Severer than those of a Car Accident

NHTSA 2017 statistics on motorcycle crashes show that helmets saved 1,872 motorcyclists’ lives. These statistics show that if all riders wore helmets, 749 lives would not have been lost in motorcycle accidents. The Center for Disease Control and Prevention (CDC) reveals that helmets are 37% effective in saving riders’ lives and 41% in saving the lives of motorcycle passengers. No doubt wearing a helmet and other protective clothing when riding prevents the risk of severe injuries or death.

Nonetheless, motorcycle riders remain at an elevated risk of obtaining fatal injuries. Despite the helmets and protective clothing, motorcycles lack the protection that car occupants enjoy, exposing them to severe injuries. Some of the injuries, as a motorcycle rider, you will sustain after an accident are:

  • Nerve damage, especially on the arms
  • Eye injuries
  • Neck injuries
  • Fractured bones
  • Concussions
  • Head injuries
  • Scarring
  • Loss of limb
  • Hearing damage
  • Facial disfigurement
  • Spinal cord injuries
  • Traumatic brain injuries
  • Internal bleeding
  • Road rash

On the other hand, injuries common in car accidents are:

  • Whiplash
  • Abdominal pain
  • Back injury
  • Cuts and bruises
  • Internal bleeding
  • Head injuries

Both car and motorcycle crashes can result in severe injuries or death. However, what stands out is that the injuries from a motorcycle crash are more severe and require a lot of resources and time to treat.

Even if you have been involved in a minor collision, the possible injuries from the motorcycle accident can be lengthy and devastating, primarily when a crash throws you from the motorcycle into oncoming traffic or barrier. You could end up with internal organ damage and other fatal motorcycle-related injuries. If you are lucky to survive the accident, you will have to deal with paralysis or disability for the remainder of your life.

In some cases, the injuries could leave you unable to work, thus depending on others for financial support.

Therefore, when you or an immediate family member obtains injuries from a motorcycle collision caused by a car driver's negligence, you should talk to a reputable motorcycle accident injury attorney in California. You will need experienced legal counsel if you must secure maximum compensation to make your life comfortable under your new normal.

Further, profound legal representation will give you peace of mind and allow you to focus on recovery.

Damages Available in a Motorcycle Collision

Before you can sue for compensation after a collision, it is critical to understand the damages in your claim. The lack of protection for motorcycle riders and their passengers means more severe injuries than a car collision, meaning you are entitled to thousands of dollars in compensation.

Nevertheless, the compensation amount depends on the nature and facts of the case. Some of the damages you can recover from the claim are:

  • Lost wages which include current and future lost income for being unable to work due to your motorcycle accident injuries
  • Medical expenses, past, current, and future
  • Motorcycle damage
  • Pain and suffering stemming from the bodily, mental and emotional anguish from the crash
  • Wrongful death
  • Scarring
  • Loss of consortium

Before contacting the at-fault party's insurer to seek compensation, you must talk to your personal injury lawyer first. Doing so will ensure you do not end up with a small settlement that cannot cover all the accident-related losses.

What to Do After a Motorcycle Accident

Whether you will claim the damages mentioned above from the liable party depends on what you do right after the accident. Your health comes before money. So, even as you try to collect evidence for your injury claim, it is essential first to seek medical attention, regardless of the nature of the accident. If your injuries are severe, you can call 911 or ask someone to do it on your behalf.

Some motorcycle accident injuries have delayed symptoms. Therefore, even if you do not feel injured after the accident, gathering the driver's contact information is paramount before going to the hospital for a checkup. Most injuries are on the head, neck, and spinal cord. And if these are not evaluated and treated on time, the injuries could be fatal by the time you start experiencing the symptoms. Neck or spinal cord injuries can take days before they manifest, making them challenging to treat and prevent.

Apart from seeking medical treatment, you must collect the following information from the car driver involved in the crash:

  • Car license plate numbers
  • Motorist’s insurance info
  • Year, model, color, and make of the car
  • Vehicle identification number
  • Eye witness statement and contact info

Additionally, you must gather evidence for your insurance claim to prove that the defendant is liable for your injuries. You can use your smartphone to record videos or images of the scene, the damage on your motorcycle, and injuries sustained. And if you cannot gather this info because of the injuries sustained, you can contact your injury lawyer to do it. The evidence your attorney will gather include:

  • The motorcycle accident report from the investigating officer
  • Dashcam footage of the accident
  • Eye witness statements
  • Your medical report
  • Opinion from an accident reconstruction expert

Even as you interact with people at the crash scene, be very careful what you say as it could be construed as admitting fault, thus being used against you in court. Car drivers are used to disrespecting motorcyclists, so expect them to come out of the car and yell at you, claiming you caused the accident. Even if you are unsure of the accident's cause, do not try admitting fault because it is for the jury to determine who was responsible.

Dealing with the Liable Party’s Insurer

Because you need money to cover your medical treatment, you could be easily tempted to accept the insurance company’s first offer. Be wary of these offers because they usually represent the least amount of compensation. By taking the offer, you relinquish your right to file a claim against the at-fault party. You will be forced to pay out of pocket if the money is insufficient to cover your losses.

So, do not engage insurance companies directly. Let your attorney do all the negotiation because the insurer is less likely to play tricks on them. The right attorney will protect your interests and ensure you obtain the proper compensation for your injuries. And if the insurance company does not offer a reasonable settlement, the attorney will file a lawsuit in court for compensation.

Find an Experienced Motorcycle Accident Injury Attorney Near Me

You must understand your rights when you sustain injuries from a motorcycle crash in California. At The Personal Injury Attorney Law Firm, we know how motorcycle collisions differ from car accidents and what it means for your injury claim. Therefore, we are ready to identify the damages and losses in your case and help claim maximum compensation. Call us today at 800-492-6718 for questions or to schedule a meeting.