Motorcycle Accident Burbank
Personal Injury Lawyers Near Burbank For Motorcycle Accident
Written by Daniel Benji, Esq. head attorney of Benji Personal Injury Accident Attorneys A.P.C.
Motorcyclists in Burbank face distinct risks due to high traffic volume and congestion on local thoroughfares. When a collision occurs, the physical and financial consequences are often immediate and severe, frequently involving catastrophic injuries such as traumatic brain injuries, spinal cord damage, and severe orthopedic fractures. Navigating the legal aftermath of a crash requires a thorough understanding of California traffic laws and personal injury statutes. Benji Personal Injury Accident Attorneys provides legal counsel to riders who have been injured due to the negligence of other motorists.
Victims of motorcycle accidents often require extensive medical treatment and rehabilitation. Securing fair compensation involves establishing liability, documenting damages, and countering defense tactics used by insurance companies. This page outlines the relevant legal frameworks, common accident causes in Burbank, and the process of pursuing a claim.
Common Causes of Motorcycle Collisions in Burbank
The layout of Burbank and its proximity to major highways contribute to specific accident patterns. While every case is unique, many collisions between passenger vehicles and motorcycles stem from a driver's failure to detect the smaller profile of a bike. Establishing the cause of the accident is the first step in building a personal injury claim.
Frequent causes of local accidents include:
- Unsafe Lane Changes: Drivers on multi-lane roads often merge or change lanes without checking their blind spots. This frequently results in sideswipe accidents involving motorcyclists who are legally occupying the lane. Such actions can violate California Vehicle Code (CVC) § 22107 (Unsafe Lane Change) or § 21658 (Driving in Designated Lanes).
- Left-Turn Violations: A significant number of severe collisions occur when a vehicle makes a left turn across the path of an oncoming motorcycle. In these scenarios, the driver often fails to yield the right-of-way, misjudging the speed or distance of the approaching bike. This is often a violation of CVC § 21801 (Right-of-Way at Intersections/Left Turns).
- Distracted Driving: Drivers operating vehicles while texting, using navigation systems, or otherwise not paying full attention to the road may fail to observe stopped traffic or traffic signals, leading to rear-end collisions that are particularly dangerous for riders. California Vehicle Code § 23123.5 specifically prohibits the use of handheld wireless communication devices while driving.
High-Risk Intersections in Burbank
Certain areas in Burbank experience higher volumes of traffic collisions due to complex intersection designs and heavy congestion. Police reports and traffic data highlight specific locations where motorcyclists face elevated risks. Notably, major arterial roads like Glenoaks Boulevard also present significant dangers due to high speeds and complex merging patterns.
| Intersection | Risk Factors |
|---|---|
| Victory Place and Burbank Boulevard | This intersection is cited as Burbank's most crash-prone, recording over 50 accidents between 2015 and 2020. High traffic volume from retail centers and freeway access points, combined with high peak-hour flows, increases the likelihood of right-of-way disputes and collisions involving drivers turning on late yellow or early red lights. |
| Olive Avenue and Buena Vista Street | This location recorded approximately 45 collisions from 2015 to 2020. Complex traffic signal phasing, heavy commuter traffic, high traffic volume, narrow turning radii, and inconsistent signal timing often lead to broadside or turning collisions, with drivers frequently misjudging gaps or striking fixed objects. |
| Buena Vista Street and Victory Boulevard | With 41 accidents between 2015 and 2020, this junction presents risks due to multiple lanes, high speed limits, and significant traffic volume, contributing to the severity of accidents. |
| North San Fernando Boulevard & Buena Vista Street | Described as one of Burbank's most complex intersections, it is particularly dangerous due to its proximity to a Metrolink railroad crossing, which can create unpredictable traffic conditions and increased collision risks. |
California Comparative Negligence Laws
California operates under a "Pure Comparative Negligence" system. This legal standard is critical for motorcyclists to understand, as it dictates how fault is assigned and how damages are calculated. Under this rule, an injured party is permitted to recover damages even if they were partially at fault for the accident.
The court or claims adjuster assigns a percentage of fault to each party involved. The injured party's total compensation is then reduced by their percentage of fault. For example, if a jury awards $100,000 in damages but finds the motorcyclist was 20 percent at fault for speeding, the final recovery would be $80,000. Under California law, a rider can recover damages even if they are 99 percent at fault, though the financial recovery would be minimal.
Insurance adjusters frequently attempt to shift a higher percentage of blame onto the motorcyclist to reduce their payout. Benji Personal Injury Accident Attorneys investigates the facts of the crash to ensure liability is apportioned correctly based on evidence rather than bias.
Helmet Laws and Personal Injury Claims
California Vehicle Code (CVC) § 27803 mandates that all motorcycle drivers and passengers wear a helmet that meets U.S. DOT standards. Compliance with this law is a safety requirement, but non-compliance introduces specific complexities to a personal injury claim.
Failure to wear a helmet does not automatically disqualify a rider from seeking compensation. However, the defense may argue that the failure to wear a helmet contributed to the severity of the injuries. This is often raised as an application of the "avoidable consequences doctrine" or "failure to mitigate damages," sometimes referred to as the "seat belt defense" applied to motorcycles. Damages may be reduced if the defense can prove that wearing a helmet would have prevented or lessened specific injuries, such as head or neck trauma.
This reduction applies only to injuries that the helmet would have mitigated. If a rider without a helmet suffers a broken leg or spinal injury unrelated to head protection, the lack of a helmet generally should not impact the compensation for those specific orthopedic injuries.
Damages and Verdicts in Los Angeles County
The value of a motorcycle accident claim depends on the severity of the injuries, the cost of medical care, and the impact on the victim's quality of life. In Los Angeles County jurisdiction, juries have awarded significant verdicts in cases involving severe negligence, often reflecting the catastrophic nature of motorcycle accident injuries.
Notable outcomes in the region illustrate how the legal system values these claims:
- A Los Angeles County jury awarded over $21 million to a motorcyclist who suffered severe orthopedic fractures and chronic pain after being struck by a vehicle making an unsafe lane change on the 405 Freeway. Evidence, including GoPro footage from the motorcyclist's helmet, played a crucial role in establishing negligence.
- Another Los Angeles County jury awarded $4.537 million to a motorcyclist in Palmdale who sustained catastrophic orthopedic injuries, including compound forearm fractures and a shattered elbow, after a Ford F-350 made an unsafe U-turn. The award included significant amounts for future medical expenses and non-economic losses.
- In a separate case, a Los Angeles County Superior Court Judge awarded $23.7 million to a motorcyclist who lost part of his leg after being struck by a work truck. This substantial verdict included awards for general damages, economic damages, and loss of consortium for the plaintiff's spouse.
Recoverable damages typically include past and future medical expenses, lost wages, loss of earning capacity, pain and suffering, emotional distress, and in some cases, loss of consortium for spouses. The severity of injuries such as traumatic brain injuries, spinal cord injuries, and complex fractures often correlates with higher damage awards due to their long-term impact on a victim's life.
Legal Representation for Motorcycle Accidents
Effective legal representation involves more than filing paperwork. It requires a strategic approach to evidence gathering, expert consultation, and negotiation. Benji Personal Injury Accident Attorneys handles the procedural and litigious aspects of a claim, allowing the client to focus on physical recovery.
Our firm manages the following elements of a case:
- Evidence Collection: We secure police reports, surveillance footage, witness statements, and accident reconstruction expert analyses to accurately reconstruct the accident.
- Medical Documentation: We work to ensure that all injuries are fully documented by medical professionals and medical experts to substantiate the claim for damages, including long-term care needs.
- Negotiation: We handle all communications with insurance carriers to prevent them from minimizing the claim value or unfairly assigning fault, leveraging our understanding of California's comparative negligence laws.
- Litigation: If a fair settlement cannot be reached, we are prepared to present the case in court to pursue the compensation our clients are owed, drawing upon our experience with verdicts and settlements in Los Angeles County.
Riders injured in Burbank have the right to seek legal remedy for their losses. Understanding the specific traffic laws and liability standards in California is essential for a successful recovery.
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