Rear-end motorcycle accidents can be especially harmful. From our experienced San Bernardino motorcycle accident lawyers at LA Century Law, here’s what to do if you’re in a motorcycle rear-end accident in San Bernardino.
Why Rear-End Motorcycle Accidents Are Especially Dangerous
Rear-end motorcycle accidents are especially dangerous for several reasons.
Size
Compared to passenger vehicles, motorcycles are small. A typical motorcycle weighs 300-500 pounds. By comparison, a passenger vehicle usually weighs 2,500-4,200 pounds. The smaller size provides the motorcyclist with less protection in a crash.
Design
Motorcycles don’t have airbags or seatbelts. Ejection from the bike is common when a motorcycle is rear-ended by a car. The motorcyclist may be injured in the initial impact and from striking the ground.
Speed
Motorcycle rear-end accidents often occur when a driver in a trailing vehicle isn’t paying attention or watching for smaller vehicles. As a result, they may brake late or not at all. The accident may occur at high speed, contributing to significant injuries.
Immediate Steps To Take After Being Rear-Ended on Your Motorcycle
When you’re rear-ended on a motorcycle:
- Immediate safety. Be aware of your surroundings. Take steps to prevent further harm. Others may not see you or even be aware that a crash occurred.
- Medical care. Even a low-speed crash can cause significant injury. These injuries may be more serious than they initially seem. Prioritize the appropriate level of medical response.
- Report the accident. Call 911 and report it to the police. Never agree to handle the accident between you and the other driver. In California, you must report any accident that results in death or property damage of $1,000 or more. That’s almost every accident.
- Gear on. Keep gear on until emergency responders can assist you. This can prevent additional injury. Only remove the helmet for a breathing airway or for CPR. Only consider removing other gear if needed to apply pressure. Ask 911 operators what to do.
- Get information. Get the other driver’s name, license details, insurance, and vehicle information.
- Document. Take photos and video of the scene. Capture vehicle damage, vehicle locations (even if vehicles have been moved from the crash site), and the surrounding area. Document weather and road conditions.
- Don’t admit fault. Don’t say that you’re sorry or admit fault. Don’t say that you’re uninjured, because you may not realize that you’re hurt.
There are additional steps to take later, such as reporting the accident to insurance, preserving gear as evidence, and getting follow-up medical care.
Who Is Liable When a Car Rear-Ends a Motorcycle in California?
Usually, when a motorcycle is rear-ended by a car, it’s the vehicle in the back that is liable. California has a law that prohibits a vehicle from following another vehicle more closely than is reasonable and prudent. That means being able to stop if the vehicle ahead stops.
The motorcycle may have stopped or slowed because of a traffic backup, something in the road, or road deterioration. The vehicle behind must adjust.
When could a motorcyclist be at fault in California?
There may be circumstances in which the motorcyclist is at fault for a rear-end crash in California. For example, all drivers, including motorcyclists, may change lanes only when there is room to do so safely. A motorcyclist may not intentionally slam the brakes to inhibit other vehicles. The motorcyclist may be at fault when malfunctioning equipment contributes to the crash, such as a nonworking taillight. The motorcyclist may be at fault if they back up while stopped.
Common Injuries Suffered in Rear-End Motorcycle Accidents
Here are some common injuries motorcyclists suffer in rear-end accidents:
- Whiplash
- Broken bones, including hips, legs, arms, wrists, feet, and skull
- Spinal cord injury, broken vertebrae
- Other spine injuries like a herniated disc, ligament damage
- Nerve damage
- Traumatic brain injury, TBI, concussion
- Road rash, burns, skin abrasions
- Internal organ damage
- Scars and disfigurement, especially to the face
- Mental health injury
- Respiratory failure
- Wrongful death
In addition, complications, such as sepsis, infection, and swelling, can occur. A person may experience long-term cognitive impairment and chronic pain.
How To Protect Your Injury Claim
To protect your motorcycle accident injury claim:
- Get medical care. Don’t delay getting medical care.
- Follow restrictions. If you have restrictions because of injuries, stay within them.
- Don’t post. Don’t post about the accident on social media, positive or negative.
- Report the accident. Report the accident to insurance.
- Don’t admit fault. Don’t admit fault to anyone, even friends or family.
- Investigate damages. Fully explore damages, including economic and non-economic compensation.
- Watch the timeline. Pay attention to deadlines to file a formal claim.
- Keep everything. Keep documentation like medical notes, correspondence about job attendance, and receipts for incidental expenses.
If you received medical attention, it’s best to talk to a lawyer early, who can handle any next steps and protect your injury claim.
How California’s Comparative Fault Law Could Affect Your Compensation
California uses a pure comparative fault system for car accident compensation.
A percentage of fault is assigned to each party, for a total of 100%. If the motorcyclist is at fault, their compensation is reduced by their percentage of fault.
In California, there’s no cliff effect where the injured person receives no compensation. In theory, you could still receive some compensation, even if you’re 99% at fault.
A lawyer can explain how comparative fault may impact your claim.
What Compensation Can You Recover After a Rear-End Motorcycle Crash?
Compensation you can recover after a rear-end motorcycle crash includes economic and non-economic losses. You may recover for emergency care, treatment, and medical rehabilitation. You may also seek compensation for lost wages, motorcycle damage, and damaged riding gear. In addition, you may claim for pain and suffering, mental and emotional anguish, disfigurement, and impairment.
A lawyer can value your claim.
How a San Bernardino Motorcycle Accident Attorney Can Fight for You
At LA Century Law, we’re dedicated to protecting motorcyclists’ rights. Our San Bernardino motorcycle accident attorneys fight for people hurt in a rear-end motorcycle crash.
LA Century Law is a premier injury law firm. We represent motorcyclists. Call or message us now.
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