Motorcycle accidents in Sherman Oaks are unfortunately common due to the area’s bustling traffic, complex roadways, and the risks unique to riding a motorcycle. Located in the heart of the San Fernando Valley, Sherman Oaks is a heavily trafficked neighborhood where motorcyclists face a variety of hazards. Whether commuting through the busy streets or enjoying the scenic routes, motorcyclists in Sherman Oaks must navigate a complex web of busy roads, distracted drivers, and unpredictable traffic patterns. If you or a loved one has been involved in a motorcycle crash in Sherman Oaks, seeking legal representation is crucial to ensure that you receive the full compensation you deserve.

California Motorcycle Laws and Rider Rights

California’s Helmet Law

California is one of the strictest states when it comes to helmet use. Under California Vehicle Code Section 27803, all motorcyclists, including passengers, must wear a helmet that meets the standards set by the U.S. Department of Transportation (DOT). Failure to wear a helmet can result in a fine, and it could impact the outcome of a personal injury case if an accident occurs. While not wearing a helmet does not automatically mean you are at fault in a crash, it may be used to argue contributory negligence, potentially reducing the compensation you might receive.

Lane-Splitting Regulations

One of the unique aspects of California law is its stance on lane splitting, which allows motorcyclists to ride between lanes of stopped or slow-moving traffic. California Assembly Bill 51 (AB 51), which became law in 2016, made lane splitting legal in the state as long as it is done safely and within the prescribed guidelines.

Lane splitting is allowed only when traffic is at a standstill or moving at low speeds, and motorcyclists must do so with caution. The California Highway Patrol (CHP) provides guidelines to ensure the safety of motorcyclists who lane split. While lane splitting is legal, it does not mean that motorcyclists have unlimited freedom to split lanes in any condition. Excessive speed or reckless lane splitting can lead to accidents, and riders may be held liable for injuries caused.

Rights of Motorcyclists in California When Involved in an Accident

Motorcyclists in California have specific rights when they are involved in an accident. These rights include the right to:

• Compensation: Motorcyclists have the right to seek compensation for medical bills, lost wages, property damage, and pain and suffering if they are injured in an accident. Even if you were partially at fault for the accident, California follows a comparative negligence rule, meaning you can still recover damages, though your compensation will be reduced by the percentage of fault attributed to you.
• Fair Investigation: After a motorcycle crash, the investigation process should be fair and unbiased. Unfortunately, motorcyclists can sometimes face discrimination, with assumptions made about their speed, behavior, or fault in the accident. As a motorcyclist, you have the right to ensure that the investigation into your crash is thorough and objective. This includes the right to have witnesses, evidence, and expert testimony considered in your favor.
• Legal Representation: Motorcyclists have the right to seek legal representation, particularly in complex cases. Insurance companies and opposing parties may try to take advantage of motorcyclists by offering low settlements or denying claims. An experienced motorcycle accident attorney can help you navigate the legal process, negotiate with insurance companies, and fight for the full compensation you deserve.

Legal Protections Against Discrimination or Bias in Motorcycle Accident Cases

Motorcyclists often face bias and discrimination in accident claims. Stereotypes about motorcyclists, such as assumptions that they are reckless or dangerous, can lead to unfair treatment in accident investigations or insurance negotiations. However, California law protects motorcyclists from these biases.

For example:

• Bias in the insurance process: Insurance adjusters may be less inclined to offer a fair settlement to a motorcyclist due to the stereotype that motorcyclists are inherently reckless. A skilled attorney can ensure that you are not unfairly treated due to this bias.
• Discrimination in court: If your case goes to trial, your lawyer can challenge any prejudices or assumptions made about motorcyclists. The goal is to focus on the facts of the case, not assumptions about the type of vehicle you were riding.

Determining Liability in a Motorcycle Crash

Comparative Negligence

California follows a comparative negligence rule when assessing fault in an accident. This means that even if you, as a motorcyclist, were partially at fault for the crash, you can still recover damages. However, the amount of compensation you receive will be reduced by your percentage of fault in the accident. For example, if a court determines that you were 20% responsible for the accident, your total compensation will be reduced by that 20%.

This rule is crucial in motorcycle accident cases because it allows for a fair distribution of damages based on each party’s degree of fault. It also allows motorcyclists to pursue compensation even if they share some responsibility for the accident, such as speeding or lane-splitting under unsafe conditions.

Common Parties Who May Be Liable for Motorcycle Accidents in Sherman Oaks

In a motorcycle accident in Sherman Oaks, several parties may be held liable, depending on the circumstances. Some of the most common parties who may be responsible for causing the crash include:

• Other Drivers: The most common party involved in motorcycle crashes is the driver of another vehicle. Driver negligence, such as distracted driving, running a red light, or failing to yield to a motorcyclist’s right of way, is often the leading cause of motorcycle accidents. If another driver caused the crash, they could be held liable for your injuries and damages.
• Local Government (Road Conditions): In some cases, the local government or municipalities responsible for road maintenance can be held liable for accidents caused by poor road conditions. Defective roadways, such as potholes, uneven surfaces, missing traffic signs, or poorly marked lanes, can lead to accidents. If a motorcycle crash was caused by hazardous road conditions that the city or county was aware of and failed to fix, they may be held responsible for your injuries.
  For example, if there is a pothole on a road that a motorcyclist can’t avoid, causing them to lose control and crash, the government agency responsible for maintaining that road may be at fault. Proving this type of liability often requires a detailed investigation into road conditions and maintenance records.
• Vehicle Manufacturers (Defective Parts): Another potential party in a motorcycle accident lawsuit is the manufacturer of the motorcycle or its components. If the crash was caused by a mechanical failure, such as defective brakes, faulty tires, or engine problems, the manufacturer of the motorcycle or specific parts may be held liable. This is often referred to as a product liability case.
  For instance, if the motorcycle’s brakes malfunctioned due to a defect in manufacturing, causing an accident, the manufacturer could be held accountable for the faulty part. In these cases, a product liability lawyer will examine the parts and manufacturing processes to determine whether negligence in design or production played a role in the crash.
• Motorcycle Rental Companies: In some cases, motorcyclists may rent a bike from a rental company. If the rented motorcycle was not properly maintained or was found to have a defect, the rental company could be liable for any accidents that occurred as a result of the faulty motorcycle.

Importance of Expert Testimony and Accident Reconstruction in Determining Liability

Determining fault in a motorcycle accident can be challenging, especially if multiple parties are involved or if the accident occurred in complex circumstances. In these cases, expert testimony and accident reconstruction play a critical role in establishing liability.

• Accident Reconstruction Experts: Accident reconstruction experts are professionals trained in analyzing crash data, physical evidence, and road conditions to determine the cause of an accident. In motorcycle accident cases, these experts can provide crucial testimony that helps prove how the crash occurred, how fast the vehicles were traveling, the angle of impact, and whether any traffic laws were violated. Their testimony can be invaluable in determining the degree of fault each party bears in the crash.
  For example, an accident reconstruction expert might analyze skid marks, the position of the vehicles after the crash, and any available video footage from nearby cameras to reconstruct the events leading up to the accident. This expert analysis can often strengthen your case, especially in situations where liability is contested.
• Medical Experts: In some motorcycle crash cases, medical experts may be called upon to testify about the severity of the motorcyclist’s injuries, the long-term impact on their health, and how those injuries were caused by the accident. This testimony can help to demonstrate the extent of the damages and the need for compensation for medical bills, rehabilitation, and future care.
• Motorcycle Equipment Experts: If a defective part or motorcycle malfunction caused the accident, an expert in motorcycle mechanics can analyze the bike’s condition and determine whether any parts were faulty or poorly maintained. This can provide vital evidence in a product liability claim against the manufacturer or supplier of the motorcycle.

Contact Drake Law Firm for a Free Consultation

If you've been involved in a motorcycle accident in Sherman Oaks, it's crucial to have experienced legal representation to ensure you receive the compensation you deserve. At Drake Law Firm, we understand the challenges you face after an accident, and we are dedicated to helping victims of motorcycle crashes navigate the complex legal process.

Our legal team is experienced in handling motorcycle accident claims, from negotiating with insurance companies to representing you in court if necessary. We fight for maximum compensation for your medical bills, lost wages, pain and suffering, and more.

Contact Information:

• Phone: 1-844-513-7253 
• Online: drakelawgroup.com 
• Office Locations: 
  • Los Angeles: 19935 Ventura Blvd, 3rd Floor, Woodland Hills, CA 91364
  • San Francisco: 50 California St, 15th Floor, San Francisco, CA 94111
  • Stockton: 2291 W. March Lane, Suite A115, Stockton, CA 95207
  • Fresno: 5588 N. Palm Ave., Fresno, CA 93704

Whether you have suffered minor injuries or more serious, life-changing ones, our firm will fight relentlessly to secure compensation for your losses. We pride ourselves on being more than just legal representatives — we are your advocates and will guide you through every step of the claims process.