Reckless Motorcycle Riding Accidents
Reckless motorcycle riding is a type of behavior that may be exhibited by motorcycle operators who overestimate their skill on the bike or demonstrate a disregard for the well-being of other road users. Either way, if the reckless rider causes a motorcycle accident in Los Angeles, his or her automobile insurance company can be held responsible for paying for victims’ losses.
Examples of Reckless Motorcycle Riding
According to California Vehicle Code § 23103(a), a motor vehicle operator is guilty of reckless driving if he or she operates a vehicle in a “willful or wanton disregard for the safety of persons or property.”
Reckless driving is a step above careless driving or negligence, which describes a failure to drive in a reasonable and prudent manner. It is a more dangerous style of motorcycle riding that presents a foreseeable risk of harm to others.
Examples include:
- Excessive speeding or racing
- Weaving in and out of multiple lanes (unsafe lane changes)
- Lane splitting in a manner that is dangerous
- Performing stunts
- Driving under the influence of drugs or alcohol
- Riding while texting or distracted
- Aggressive or road-rage riding
- Running red lights or stop signs
- Driving the wrong way on a one-way street
- Reckless passing
- Riding in a large group
If a motorcycle rider performs any maneuver that demonstrates a wanton disregard for whether it will result in an accident or harm others, this could constitute reckless riding. Motorcycles are designed in a way that can attract reckless or “daredevil” riders. In some cases, however, reckless riding is unintentional and a result of rider inexperience.
Who Pays for Reckless Motorcycle Riding Accidents in California?
The person responsible for paying for a motor vehicle accident in California depends on the circumstances. Since California is an “at-fault” car insurance state, injured crash victims have the right to hold the at-fault party accountable. When a motorcycle crash takes place, an investigation will be completed to determine which party was negligent or in violation of a traffic law at the time.
If it is determined that the motorcyclist involved was riding recklessly, he or she can be held responsible for injuries or damages suffered by others. Motorcyclists in California are required to carry minimum amounts of insurance to pay for property damage and medical bills caused by at-fault accidents. The motorcyclist could also face criminal charges for reckless riding.
California is a pure comparative negligence state. This means that if an investigation discovers that the other driver involved also contributed to the crash through a careless or reckless act, a proportion of fault could be allocated to both parties. In this situation, an injured victim’s compensatory award would be reduced by a percentage equivalent to his or her degree of fault.
What to Do After a Reckless Motorcycle Riding Accident
If you get involved in a motorcycle accident, either as the motorcyclist or another party, and an insurance company is claiming that the crash involved reckless riding, protect your rights by contacting an attorney right away.
A specialized Los Angeles injury attorney can help you protect your rights from either side of this type of case. You can count on an attorney to prove a motorcyclist’s recklessness, for example, or combat allegations that you were riding recklessly as the motorcyclist. A lawyer can evaluate your case to determine its worth and explain your legal rights. Then, your lawyer can take over insurance settlement negotiations to pursue the best possible case result on your behalf. For more information about a specific case in Los Angeles, contact Rose, Klein & Marias, LLP for a free consultation at (800) 362-7427.