If you are involved in a motorcycle accident in Los Angeles caused by someone else’s negligence and where you had the right-of-way, you may receive compensation for the damages of the crash. However, right-of-way does not automatically determine fault in an accident.
This article will help you understand when right-of-way determines fault in a motorcycle crash and explore your legal rights when involved in a similar situation.
What Are the Dangers of Driving a Motorcycle?
Driving a motorcycle has its own set of dangers and risks that aren’t faced when driving a car. Unfortunately, there are a significant number of motorcycle accidents resulting in catastrophic injuries and wrongful deaths.
In 2021, there were 5,932 fatal motorcyclists from auto crashes, accounting for 14% of all traffic deaths. According to NHTSA, this is the highest number of motorcycle fatalities since 1975. Furthermore, Los Angeles recorded 3,262 injured and fatal victims from motorcycle crashes in 2020 alone.
Did you know motorcyclists are 24 times more likely to die in a collision than vehicle occupants? There are several reasons why riding a motorcycle is more dangerous than driving a vehicle, such as:
- Limited Protection: Motorcycles provide very little protection to riders in an accident. Motorcycles, unlike vehicles, lack structural integrity and safety features such as airbags, seat belts, and an enclosed body to protect riders from collisions.
- Less Visibility: Motorcycles are smaller and less apparent on the road than other vehicles, leaving them more vulnerable to being missed by other drivers. When other drivers fail to detect motorcycles, especially in blind zones, this might lead to accidents.
- High-Speed Crashes: The motorcycle’s acceleration and speed features might attract riders to go at high speeds. High-speed collisions are frequently more catastrophic, resulting in severe injuries or fatalities.
- Road hazards: Motorcycles are particularly vulnerable to road hazards, including potholes, debris, sand, and uneven surfaces. These dangers can lead to a loss of control or an accident.
To reduce these risks, motorcyclists must have proper training, use suitable safety gear, obey traffic regulations, and constantly improve their riding abilities. In addition, all road users should be aware of motorcycles and use safe driving behaviors to lessen the probability of motorcycle accidents.
What is Right-of-Way?
In traffic and transportation systems, the right-of-way is a critical concept that establishes which vehicle has the right or priority to proceed in a particular circumstance when two or more pathways meet or overlap. In other words, it specifies who must surrender or give way to others and who has the legal right to go first.
What Does it Mean to Yield the Right-of-Way?
You permit another individual or vehicle to proceed when you yield to the right of way. Nevertheless, due to a lack of understanding of this rule among many drivers, they do not adhere to it as rigorously as they should, potentially resulting in accidents.
When Do Motorcycles Have the Right-of-Way?
Essentially, the vehicle that arrives first at the intersection has the right of way. However, if a car, pedestrian, or bicycle comes to the road at the same time as you, yield to the vehicle, pedestrian, or bicyclist on your right. If you get to a stop sign and there are stop signs on all four corners, stop first and give the right-of-way to the entity on the right.
Like any other vehicle, motorcycles should always follow this rule. Motorcycles should adhere to the same principles as other vehicles when determining the right-of-way. Here are some scenarios that can help you decide when to yield the right-of-way:
- Intersection with traffic signs and signals: A motorcycle has the right-of-way to move forward if it approaches an intersection with a green signal. If it comes to a red light or a stop sign, it must give the right of way to vehicles with the green light or the right of way.
- Roads with yield signs: If a motorcyclist comes across a yield sign, it must give the right-of-way to other vehicles already in the intersection or crossing the street.
- Pedestrian Crosswalks: When pedestrians use a crosswalk, motorcycles must come to a complete stop and surrender the right-of-way to the pedestrians.
- Lane Changes and Merging: Motorcycles must yield to cars already in the lane they want to enter while merging onto a highway or changing lanes.
- Turning Left: Motorcycles must yield to oncoming vehicles when turning left. However, if a green arrow signals a protected left turn, the motorcycle has the right-of-way.
Motorcyclists need to be aware of and follow right-of-way rules to ensure their safety and the safety of others on the road. When right-of-way may not be obvious, defensive riding and appropriate communication through hand and motorcycle signals can also be helpful.
Does Right-of-Way Determine Fault in a Los Angeles Motorcycle Accident?
Although right-of-way laws are crucial when determining what caused the crash, they do not always establish fault in a motorcycle accident. Generally, negligence or fault in an accident is demonstrated through these four elements:
- Duty of Care: The driver had the responsibility to ensure everyone’s safety.
- Breach of Duty: The driver did not meet this duty.
- Causation: The breach of duty resulted in a motorcycle accident.
- Damages: The crash caused injuries and other damages.
In this sense, failure to yield to the right of way may hold the driver accountable for the collision if this action solely caused the motorcycle accident.
For instance, you were traveling at an intersection with traffic signals. Since your direction of travel had the green light, you continued going forward. Subsequently, a vehicle turned left in your path, causing it to hit you.
Meanwhile, some circumstances can make a motorcyclist with the right-of-way liable for the crash. This is why it is crucial to seek legal assistance from a motorcycle accident lawyer in Los Angeles who can examine the facts of your case and determine the legal options suitable to your situation.
Lawyer’s Tip: Insurance companies typically try to settle a claim as quickly as possible. While this may seem advantageous if you have current medical costs, they may overlook other damages, such as non-monetary losses. A car accident lawyer in Los Angeles can help you determine the total damage to maximize your case.
What Happens if I’m Partly Liable for the Right-of-Way Accident?
As mentioned, you can be partly responsible for a motorcycle crash regardless of whether you had the right-of-way. This usually occurs when you also commit negligent actions, contributing to the motorcycle accident in Los Angeles.
For instance, you had the right-of-way but were recklessly speeding as you crossed the intersection. At the same time, the driver on another road did not notice that you were coming as they attempted to make a turn. Since you were traveling at high speed, you did not have enough time to react, resulting in a motorcycle accident.
In this case, you are partially liable for the crash since your speeding contributed to the accident.
Fortunately, you can still file a personal injury claim for the right-of-way accident. California follows comparative negligence, which allows injured victims to pursue a case regardless of how much they are at fault for an auto collision.
In the same scenario, if the court or the insurance company finds you 40% accountable for your motorcycle accident in Los Angeles, you can receive a 60% settlement. Likewise, the other party can also claim 40% restitution for the damages.
Determining fault in a right-of-way accident may be complex, especially if you bear fault in the crash. This is why it is recommended that you contact motorcycle accident lawyers in Los Angeles who can determine the settlement amount you rightfully deserve and defend your case.
What Damages Can I Include in My Los Angeles Motorcycle Accident Claim?
Motorcycle accidents can result in minor, catastrophic injuries. In some cases, it can even lead to wrongful death. From 2020 to 2021, there were 8% more motorcycle fatalities, while the rate per 100 million vehicle miles driven fell by 2%.
If you sustained injuries from a motorcycle accident in Los Angeles, consider the following damages to ensure that you receive the maximum compensation you deserve:
Economic Damages: These are tangible financial losses that can be quantified with supporting documents like bills and receipts. This can include the following:
- medical costs,
- vehicle repair or replacement expenses,
- lost wages (including past and future earnings capacity losses),
- and out-of-pocket expenses directly related to the accident.
Non-Economic Damages: These are intangible losses that do not have a specific dollar value and are more challenging to quantify. Their assessment often involves subjective factors and may vary from one case to another. Non-economic damages can include the following:
- pain and suffering,
- anxiety,
- emotional distress,
- depression, and
- loss of companionship.
Punitive Damages: These are additional damages that a court may impose on the responsible party when their actions are considered especially severe, reckless, or intentional. Punitive damages are not meant to compensate the victim but rather to punish the negligent party and avoid similar behavior in the future.
In personal injury cases, experienced motorcycle accident lawyers in Los Angeles play a crucial role in evaluating and quantifying non-economic damages. They have the skills and expertise to assess the accident’s impact on the victim’s life, gather evidence, and protect your legal rights to seek fair compensation.
Furthermore, eligibility for punitive damages may depend on the specific circumstances of the case and local laws. Consulting with a qualified motorcycle accident attorney is essential to understanding your rights, assessing the potential damages in your case, and navigating the legal process effectively.
How Can a Motorcycle Accident Lawyer in Los Angeles Protect My Rights?
Justifying negligence may be challenging in a right-of-way accident, especially if you are partly at fault for the crash. In most cases, insurance companies will try to highlight your wrongful acts and argue that the motorcycle accident is entirely your fault. You will likely lose your claim or receive a reduced settlement in such cases.
This is why hiring a motorcycle accident lawyer in Los Angeles is the best option to maximize your compensation. They can assess the circumstances of your collision and determine the total damages.
Other than that, a motorcycle accident lawyer can also do the following to protect your legal rights:
- Collect sufficient evidence to prove your case.
- Establish liability.
- Calculate the total damage.
- Negotiate with the insurance company.
- Meet legal deadlines.
- Proceed with a trial if needed.
Get a Free Consultation With a Los Angeles Personal Injury Expert
Multiple legal firms in Los Angeles may offer their services if you want to pursue a motorcycle accident claim. However, we assure you that Jacoby & Meyers provides a superior and highly efficient legal process to protect your rights, making us the top choice for accident victims.
Since 1972, Jacoby & Meyers has been dedicated to safeguarding the legal rights of auto accident victims and securing substantial settlements. With a remarkable track record of over $2 billion in settlements, our reputation speaks for itself.
If you’ve suffered injuries in a motorcycle accident in Los Angeles, Jacoby & Meyers is here to help. If you’ve been injured in an accident, Jacoby & Meyers can help with a free consultation and no fees unless we win.
Jacoby and Meyers. Because You Deserve Justice.
Hear From Our Past Clients
Don’t just take our word for it; hear from our past clients about their positive experiences with our services.
“First off, I would like to thank you for your hard work and patience over the past year and a half dealing with my troublesome military records and the whole case in general! I didn’t quite get the million, but I am very pleased with the outcome! Please extend my gratitude to all the parties who invested time in my case!”
-Michael
Works Cited
“comparative negligence | Wex | US Law | LII / Legal Information Institute.” Law.Cornell.Edu, https://www.law.cornell.edu/wex/comparative_negligence. Accessed 20 September 2023.
“Motorcycle Safety: Helmets, Motorists, Road Awareness.” NHTSA, https://www.nhtsa.gov/road-safety/motorcycles. Accessed 20 September 2023.
“Motorcycles – Injury Facts.” Injury Facts, https://injuryfacts.nsc.org/motor-vehicle/road-users/motorcycles/. Accessed 20 September 2023.
“right of way | Wex | US Law | LII / Legal Information Institute.” Law.Cornell.Edu, https://www.law.cornell.edu/wex/right_of_way. Accessed 20 September 2023.
“Section 7: Laws and Rules of the Road – California DMV.” California DMV, https://www.dmv.ca.gov/portal/handbook/california-driver-handbook/laws-and-rules-of-the-road/. Accessed 20 September 2023.