The State of California is popular for motorcycle enthusiasts. Orange County provides an array of beautiful scenery roads as well as perfect temperatures for motorcyclists to enjoy. As relaxing and enjoyable motorcycle riding can be, it is always important to keep in mind that an accident can happen at any time. Because of this, if you are a motorcycle rider, it is always helpful for you to understand your legal rights in case of an incident. R. Steven Peters has been a motorcycle accident injury lawyer for over 40 years in Tustin, CA and serving all of Orange County.
Motorcyclist’s Rights in Orange County
Motorcycles are lawful methods of transportation and their rights on highways are the same as other vehicles. Generally speaking, motorcyclists have the legal right to use public roads as any other driver. Unfortunately, motorcyclists usually deal with a bias, especially when they are involved in an auto accident on Orange County roads.
When it comes to a personal injury claim, there is usually a biased perception that the motorcyclist’s reckless driving caused the accident. Unfortunately, this is a general view of all motorcyclists and regrettably, motorcyclists are some of the most susceptible to catastrophic injury.
Lane Splitting in Orange County – A Contributing Factor to Motorcycle Accidents
According to a 2014 study conducted on behalf of the California Office of Traffic Safety, about 80 percent of motorcyclists in California lane split while on the freeway. Lane splitting takes place when a motorcyclist drives between two lanes of slowly moving cars or stopped traffic. The State of California is the only state in the nation that allows lane splitting.
According to the California High Patrol, lane splitting can be very dangerous and should be done by experienced drivers. Nonetheless, lane splitting in California is perfectly legal. According to some beliefs, when done carefully, lane splitting can help to save the lives of motorcyclists as it avoids a rider from being pinned between two vehicles.
If you were injured while lane splitting, the following factors can help to protect your rights
- Obtain supplemental documentation that the other driver was weaving in and out of lanes,
- Demonstrate that you have a good driving record,
- Demonstrate that you have completed a safety-riding course, and
- Establish that the other driver was driving recklessly.
When an Accident Happens
Although lane splitting is legal in the State of California, accidents can still happen at any time. When an accident involves high speeds, the injuries can often be catastrophic. Many injuries can result in the following:
Unexpected medical expenses – Riders who have sustained injuries are likely to experience high medical expenses. In many cases, injured riders will be transported by ambulance from the scene to the nearest hospital. An ambulance ride alone can easily amount to high medical expenses.
A loss of wages – As a result of the injuries, many riders will often be unable to return to work. For many, especially if they are primary financial providers in their household, this can be catastrophic.
Medical therapy or rehabilitation – Motorcycle riders who have suffered severe injuries usually need extensive medical care in order to recuperate. In some cases, injured riders will need at-home medical care and other specialized treatment.
Other forms of pain and suffering – Any person who has sustained personal injuries has the potential to undergo a reduced quality of life. After suffering an injury, whether the injury is temporary or long lasting, the injured person will likely be unable to do the same day-to-day activities that he or she is accustomed to.
Motorcycle riders have the legal right to seek financial compensation from the reckless driver that caused the accident. Pursuing legal action against the negligent driver should be done promptly, as the State of California has imposed a statute of limitations to file a claim, and this applies to motorcycle accident victims in Orange County. According to the law, an injured rider has two years from the time of the injury to file a claim. In many cases, however, certain injuries will not always be immediately apparent. If this is the case, the victim has one year from the time of which the ailment was discovered in order to file a personal injury lawsuit.
Hire an Experienced Motorcycle Injury Attorney in Orange County
If you have recently sustained injuries after being involved in an accident, it is important that you seek the legal support of a skilled personal injury attorney who has experience in motorcycle accidents. As a motorcyclist, it is likely that you will face prejudice when seeking financial compensation for your grievances. With the support of a skilled attorney, you can help to ensure that your legal rights will be vigorously and wholesomely represented.
R. Steven Peters – Injury & Accident Lawyers is dedicated to representing motorcyclists who have suffered injuries resulting from an accident. Mr. Peters is highly qualified in motorcycle accident cases and is prepared to strongly defend the rights of those who have been injured as a result of negligence. Motorcycle accident cases in California are extremely time sensitive; seek proficient legal support as soon as possible.