One of our pet peeves over at Ehline Law is the rear-end collision. First off, an attentive rider with an excellent roadworthy bike should be able to stop in time to avoid a rear-ender/fender bender. If not, it sends the cyclist cartwheeling down the road.
Second, a good cyclist should also be able to avoid being rear-ended in many cases. For example, only stay in the lanes’ outer part and beware of traffic opposing the rider. Other times, providing your bike with a cushion of space can avoid “that guy.”
Think about it, the car in front slamming on his brakes and veering right before he misses the freeway entrance; whammy, the motorist, hits the approaching rider.
Sudden stop cases remain a typical motorcycle accident fact pattern that, unfortunately, involves fatalities. Another example is the rear-end strike by a passenger car into the back of the motorcycle. Most of these accidents involve a rider getting cut off in the middle of traffic.
Below, our Los Angeles Motorcycle Accident Lawyers will go into what a sudden stop entails for a rider exposed to the elements and equipped with little protection when compared to a motorcar.
Often, this happens if a car brakes quickly, such as when the motorcycle is behind the car. Primarily a vehicle will brake hard like this to change lanes rapidly and not miss a turn-in or roadway ramp.
So this leaves the oncoming biker colliding into the rear of the stopped or slow-moving car. Once that takes place, the rider goes into the air. Or the rider flips onto the pavement or into the car, smashing and crushing them with a devastating impact.
Flailing riders often nosedive, face-first into other vehicles. Brain injuries and loss of life are typically unavoidable, even at lower speeds. Other common ailments to riders are herniated discs, skull fractures, and broken cheekbones.
But the list does not end there. Snapped collar bones, busted jaws, knees, and arms are all part of the equation. So this remains serious business. To add to the list of inconveniences, a cyclist remains more at risk of striking a broad range of physical obstructions as they cartwheel into the air. Once launched, a rider might land in the path of a nonfixed object, like another vehicle. So riders have to get it right 100% of the time, day in and day out.
You can be held accountable if you become struck from behind by another motorist in some countries. That is how it is down in Mexico. But fortunately, in California, if you’re hit in the rear by another vehicle, rarely are you legally liable.
However, safe riding remains the key to a secure experience. So look behind you while stopping. Also, if necessary, accelerate off to the left or right to avoid being rear-ended.
Insurance companies and juries alike will want to analyze evidence of angle, damage, and impact. And this remains one of the easiest ways to show who hit you. And it helps understand the what and where and the severity of the jolt. And this is part of why post and pre-accident vehicle photos are so important in preserving evidence.
If you suddenly stopped and your brake lights were out, it’s your fault unless you can sue for a motorcycle defect. Or let’s say your lights worked fine. But then you decided to stop in moving traffic to grab something from a buddy. Or how about you pulled over to exchange a phone number with a hot girl.
But suddenly, after slowing, you’re catapulted or spun out of control after being slammed in the rear. It turns out an inattentive car driver struck you. But since you should not have stopped, you could be comparatively at fault for the crash. After all, you could have pulled off to a safer location and elected not to do so.
These are all examples of where you could be wholly or partially negligent for your injuries. So, in that case, damages are reduced based on your degree of fault. You could be sued.
Being safe and sane should be a goal of all law-abiding riders. Below are a few tips for staying Safe While Traversing the Golden State.
When you or your loved one gets into a serious motorcycle crash, families will be stuck with medical bills, lost income from joblessness, and maybe on the verge of bankruptcy. When this happens to you, and you don’t know where to turn, the rider’s friend, Ehline Law Firm Personal Injury Attorneys Los Angeles, can help you and the survivors. Our superior personal injury law firm has an impressive record of results, earning our clients over $100 million in verdict and settlement monetary results. We have assisted thousands of seriously injured motorcycle riders who went down on motorcycles.
Contact our California personal injury law firm to receive your free, no-obligation telephone interview. Let’s review your potential case. We are ready to take your call immediately at (213) 596-9642. You can also use our convenient online contact form to receive your free consultation via text or email! Remember, our no recovery, no fee promise means we don’t get paid total compensation if we don’t win your injury claim!
Michael Ehline
Michael Ehline is an inactive U.S. Marine and world-famous legal historian. Michael helped draft the Cruise Ship Safety Act and has won some of U.S. history’s largest motorcycle accident settlements. Together with his legal team, Michael and the Ehline Law Firm collect damages on behalf of clients. We pride ourselves on being available to answer your most pressing and difficult questions 24/7. We are proud sponsors of the Paul Ehline Memorial Motorcycle Ride and a Service Disabled Veteran Operated Business. (SDVOB.) We are ready to fight.