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What Are Your Rights After a California Motorcycle Accident?
Too many drivers fail to obey the law that requires you to stop if you crash into a car, truck, bicycle, pedestrian, or motorcycle. In or near Fresno, if a hit-and-run driver injures you while you’re motorcycling, consult immediately with a Fresno motorcycle accident attorney.
Hit-and-run drivers are responsible for about 150 fatalities every year in California, and with over 900,000 motorcycles registered in this state, there are plenty of opportunities for motorcycle accidents and injuries. What is your recourse if a hit-and-run driver injures you while you’re motorcycling?
Under California law, a motorcyclist injured by a negligent motorist has the right to sue that motorist and pursue compensation for medical fees, lost wages, and more, but what if a negligent driver injures you, runs from the accident scene, and cannot be located?
What Constitutes Hit-and-Run?
If a reckless or negligent driver injures you in a California motorcycle accident, you are entitled by law to recover compensation for your lost earnings, medical costs, pain, suffering, and related damages. Every hit-and-run case is complicated, but hit-and-run cases that involve motorcycles are particularly challenging.
A hit-and-run accident occurs when one motorist fails to stop and instead flees from the scene. The driver’s injured victims have no details about the driver’s car insurance and none of the other information they need to file a personal injury claim and seek compensation.
Hit-and-run collisions are typically related to other crimes. A driver may flee an accident scene if that driver is uninsured, carrying illegal drugs or weapons, driving under the influence, driving a stolen vehicle, or avoiding an arrest warrant.
What Are the Penalties for Convicted Hit-and-Run Drivers?
When the only damage is to property, a hit-and-run in California is charged as a misdemeanor punishable upon conviction with:
- up to three years of probation
- up to six months of jail time and/or a fine of up to $1,000
- court-ordered restitution to pay for property damage
- two points on the offending motorist’s driving record
When a hit-and-run driver kills or injures someone, hit-and-run is a felony. A felony hit-and-run conviction may be punished with a fine of $1,000 to $10,000 and/or sixteen to thirty-six months in prison. If a victim is severely injured or dies, the sentence may run for two to four years.
What Should a Motorcyclist Do After a Hit-and-Run Collision?
After a motorcycle accident, if the other motorist flees, write down anything you can remember: the vehicle’s color, make, model, and/or license plate number. Ask any witnesses for their names and a way to reach them. Witnesses may have seen the motorist fleeing from the scene.
You’ll need to provide as many details about the accident as possible to your Fresno motorcycle accident lawyer, car insurance company, and police. Have patience. The police may take several weeks to identify, locate, and place a hit-and-run driver under arrest.
If that driver is never identified and cannot be located, can you still recover compensation for your medical bills and related damages? The answer to that question will depend on your car insurance and the provisions of your policy.
What Coverage Pays for Hit-and-Run Damages?
California law does not require motorcyclists to have uninsured motorist (UM) coverage, but you should. It pays your medical costs after a collision if a negligent or reckless driver injures you while you are motorcycling and has no car insurance or insufficient coverage to pay your claim.
However, uninsured motorist claims you submit to your car insurance company are usually transferred to the other motorist’s car insurance company. If the driver who injured you is never identified, your auto insurance company could deny your uninsured motorist claim.
If your insurance company does not offer an acceptable settlement, you have two years from the accident date to initiate legal action. Don’t wait two years. You can have confidence your claim is being handled correctly only by speaking promptly with a Fresno motorcycle accident lawyer.
Do You Have MedPay?
A motorcyclist’s liability insurance and collision coverage will not pay for hit-and-run injuries. Medical Payments Coverage (MedPay) is optional coverage that reimburses you (and your passenger) for medical expenses without regard to fault in a motorcycle accident.
MedPay does not cover all accident-related injuries but pays for most motorcycle accident costs. MedPay usually covers surgeries, nursing care, equipment, and rehab costs up to the policy’s limit.
How Can Motorcyclists Stay Safe?
Motorcycle accidents are always a possibility because you can’t control what other drivers may do. However, you can reduce your chances of a motorcycle accident – and the catastrophic injuries such an accident may entail – by heeding the following safety recommendations.
Veteran motorcyclists know the motorcycling safety precautions, but if you are just starting as a motorcycle rider, consider these recommendations that can help reduce your chances of serious accidents and injuries:
- Wear a helmet. It’s the law in California. Boots, gloves, and a motorcycle jacket are also essential safety gear for every motorcyclist.
- When traffic lights change, be certain that all crossing vehicles have stopped before you proceed. Never assume that other drivers will stop.
- Blind spots still cause far too many motorcycle accidents. Assume that other drivers cannot see you until and unless they indicate that they can.
Injured on Your Motorcycle by a Hit-and-Run Driver?
If you are injured while motorcycling by a hit-and-run driver in the Fresno area, you must have the representation and advice that a Fresno motorcycle accident attorney provides. Take your case immediately to Tomassian, Pimentel, & Shapazian.
An insurance company may try to avoid paying what it owes you, and negligent parties often try to escape responsibility for accidents. An attorney at Tomassian, Pimentel, & Shapazian will help you overcome these challenges and fight for the compensation and justice you need and deserve.
If you are injured while motorcycling by a negligent driver or a driver who flees the scene, promptly schedule a consultation to discuss your options with Tomassian, Pimentel, & Shapazian. Call us at 559-545-0383 . We know how to advocate effectively on your behalf.
