Motorcycles have the right of way in many circumstances. Riders follow the same rules as other motorists, so they have the right of way when California law dictates. A motorcycle rider has a right to proceed through intersections, pass, change lanes, and take any other action that the right of way allows—and they shouldn’t have to worry about others violating their right to travel safely.
If you or a loved one suffered an injury in a motorcycle accident because someone violated the rider’s right of way, you are entitled to fair compensation. A Bakersfield motorcycle accident attorney can personalize a case strategy and manage every detail of any insurance claim or lawsuit you pursue.
A Basic Primer on Right-of-Way for Motorists and Riders in California
The right of way is one of the most important topics someone must learn before they receive a driver’s or rider’s license. Yet, lawyers know that there is an out-of-control issue with motorists routinely violating others’ right of way—to devastating results.
The “right of way” refers to who proceeds first when vehicles on the road meet. Some of the situations in which the right of way most commonly applies are:
- At intersections: Motor vehicles and others at intersections are often traveling in opposing directions, which makes the right-of-way critically important. While traffic lights do much of the work to prevent accidents, motor vehicle drivers must often use their judgment and knowledge of right of way to prevent accidents.
- When a vehicle or rider enters traffic: If a motor vehicle driver is turning left or right into oncoming traffic, they must know that those in oncoming traffic have the right of way. A rider should never have to slam on their brakes, swerve, or take other dangerous actions because a motorist turned in front of them—this is the most common reason for motorcycle accidents.
- At roundabouts: Vehicles that are already within a roundabout generally have the right of way before those who are approaching or waiting to enter the roundabout.
- When two roads merge: Two roads that merge together are generally marked with a yield sign. The motorist whose lane contains the yield sign must allow traffic in the other lane to proceed before entering the combined lane.
- When a motorist changes lanes: A motorist must only change lanes when the lane they’re merging into is unoccupied. Anyone already in that lane, including a rider, has the right of way. This is an especially important scenario because motor vehicle drivers often underestimate the speed of upcoming riders and merge in front of those riders as a result.
The right-of-way rules are complicated, as there are many situations in which a motor vehicle driver, rider, or pedestrian must know who has the right to proceed. However, anyone who chooses to operate a motor vehicle (or even cross a road on foot) has a responsibility to understand and abide by right-of-way rules and laws.
Why Someone Might Violate a Rider’s Right of Way (There Are No Excuses, But There Are Explanations)
Keep in mind that because most motorcycle riders are balancing on two wheels, even a seemingly minor accident can cause devastating consequences. In the wake of an accident, your attorney will gather all relevant information about the collision, including why the accident occurred.
Some inexcusable reasons why someone might violate a rider’s right of way and cause an accident include:
- They didn’t pay attention when getting their license (or don’t understand right-of-way laws for other reasons): Those who fail to comprehend the importance of the licensing process may not pay close attention to the issue of rights of way. Failure to comprehend license-related educational materials may contribute to motorcycle accidents.
- They don’t have a license: More than 20 percent of motorists involved in fatal traffic accidents don’t have a valid license. It makes sense, as drivers who do not have a valid license may be less likely to know the traffic laws, including who has the right of way in any given circumstance.
- They are drunk, on a drug, or tired: Impaired motorists pose a clear and present danger. The danger is even more acute for riders, who tend to suffer more severe injuries during traffic accidents.
- They are distracted: Despite many campaigns aimed at curbing distracted driving, the problem remains out of control. Motorcycles are smaller than larger motor vehicles, so riders can be particularly susceptible to the dangers of distracted driving.
- They are visually impaired: Because riders are more difficult to see than larger vehicles, visually impaired drivers pose a clear danger to motorcyclists. Being visually impaired is not an excuse for causing an accident—if someone’s eyesight is so poor that they can’t see a rider, they shouldn’t be driving.
As strange as it may sound, some people have ill will toward riders. They may incorrectly believe that motorcycle riders are reckless and consciously or subconsciously take actions that endanger a rider.
Riders Have the Same Rights as Motor Vehicle Drivers (and, Sometimes, More Rights)
Make no mistake: Riders in California and throughout the country have the right to:
- Be on roads where they are legally permitted to operate
- Have the right of way when the laws of the road dictate
- Ride in safety and be unencumbered by others’ negligence
Riders even have at least one right that drivers of cars, trucks, and SUVs don’t—lane-splitting. Motorists who don’t understand that lane-splitting is legal might take dangerous action and prevent the rider from splitting lanes, like opening their door or maneuvering their vehicle in the rider’s path.
The point is, there is no excuse for any motor vehicle driver (or other at-fault party) to infringe riders’ right to ride safely, nor to impede their right of way.
An Attorney Will Document the At-Fault Driver’s Negligence for You
Your motorcycle accident attorney will fulfill several duties, proving how the at-fault party caused your accident, which is one of the most important. Some of the most common ways to violate a rider’s right of way include:
- Entering traffic in front of an oncoming rider
- Turning left in front of a rider (which may occur at an intersection)
- Failing to yield to a rider when lanes are merging
- Merging in front of a rider who is splitting lanes
Your legal team will record your account of the accident. They will also secure any evidence that proves who caused your accident, which may include:
- Video from dash cameras, security cameras, or any other cameras that captured the accident
- Any police report created to detail the collision
- Statements from any witnesses to the accident
- Photographs of damage to your motorcycle and any vehicle that hit your bike
- An expert’s reconstruction of how your accident happened
Your lawyer will take advantage of any evidence available to them. If the evidence is relevant and helps prove fault, they will present it to insurance companies and any other parties needing to see it.
More Ways in Which a Motorcycle Accident Lawyer Can Help You
Motorcycle accident lawyers allow their clients to focus on their recovery. This requires the lawyer to handle every detail of their client’s case. In addition to securing evidence to prove who violated your right of way and caused your accident, your lawyer will:
Determine Who Should Pay for the Fallout from Your Motorcycle Accident
Finding the at-fault party is step one. Determining who should cover the cost of your damages will be another step. You may choose to sue the at-fault party, but filing a claim with the at-fault party’s insurance company is another route.
Your attorney will review all available options with you. They will lay out each option’s potential pros and cons and pursue your chosen path.
Prove Both Your Economic and Non-Economic Damages
An experienced motorcycle accident attorney expects pushback from insurance companies and any other party who owes their client money. This is one reason why your lawyer will obtain detailed proof of your damages, which may include:
- Healthcare records: Medical bills will be critical to show the cost of treatment after your collision. Your attorney will also secure any X-rays, CT scans, written diagnoses, rehabilitation-related records, and other medical records that shed light on the toll of your accident.
- Expert testimony: There are several types of experts whose services and opinions can be relevant to motorcycle accident cases. From a medical professional’s description of injuries to a financial expert’s calculation of the victim’s professional losses and a mental health counselor’s diagnosis of pain and suffering, your attorney will work with any experts who can improve your case.
- Financial records: Many financial statements can be relevant to your case. From invoices for the repair of your motorcycle to authoritative sources determining the replacement value of a totaled bike to receipts for temporary transportation and bank statements showing a post-accident decline in income, your lawyer will secure any financial record that speaks to your damages.
- Your own words: You may be best positioned—or at least well positioned—to explain the toll the motorcycle accident has taken on your life. In particular, you may discuss any physical pain, sleep issues, lost quality of life, anxiety, and other types of pain and suffering stemming from the accident.
Even if a lawyer has handled thousands of cases, they will tell you that each client’s profile of damages is unique. Trust your lawyer to present a complete and clear picture of your damages to liable parties.
Pinpoint the Value of Your Case
Every motorcycle accident has a value. Your lawyer will determine the value of your case by totaling all medical bills, vehicle repair costs, lost income, and other damages. They will also include the cost of any damages you will experience once the case is resolved—this is often necessary in cases of lifelong disability.
Spearhead Settlement Talks
An effective motorcycle accident lawyer does not just participate in settlement negotiations—they aggressively pursue a fair deal for their client.
Your lawyer’s strategy for securing a favorable financial settlement for you may include:
- Presenting the evidence that shows who caused your accident
- Identifying specific portions of insurance policies that prove you deserve compensation
- Furnishing the documentation of your damages
- Explaining how they calculated your case value
- Countering any pushback they receive from insurance representatives (or any other party they’re seeking a settlement from)
Negotiations can be an art form. Your attorney will present objective evidence of your damages, but they’ll also use their style and tactics to convince liable parties to pay you fairly.
Draft and File a Lawsuit If Your Case Warrants It
If your motorcycle accident case calls for legal action, your attorney will draft and file the suit as soon as possible—there are generally deadlines for doing so.
Take Your Motorcycle Accident Lawsuit to Trial, If You Choose To
Should you and your attorney elect to take your case to court, your legal team will work to convince the jury to award you a fair sum of money. While trials are not especially common after traffic accidents, many injured riders have obtained fair compensation from juries.
Riders Often Suffer Life-Changing Injuries When Motorists Violate Their Right of Way (Attorneys Demand Fair Compensation)
Riders feel the pain of road rash and broken bones. They get anxious as medical bills mount. They often sense how costly their accidents are but do not always realize how costly they are.
The financial and non-economic consequences can be significant if you do not receive a fair settlement or verdict after your accident. Hire a lawyer to demand fair compensation for:
- All accident-related healthcare costs
- Pain and suffering
- Lost income, missed bonus opportunities, diminished earning power, and any other professional damages
- Bike repair costs, the cost of replacing a totaled motorcycle, temporary transportation expenses, and any other property-related financial burdens
Those facing disabilities or the loss of a loved one should also retain a lawyer, as their recoverable damages tend to be especially devastating.
Hire Your Motorcycle Accident Lawyer as Soon as Possible
Remember that your case may have a strict filing deadline. Please do not wait to find the most qualified motorcycle accident lawyer and hire them to lead your case.