


1. HOWARD BLAU LAW:
Experts in Motorcycle Accident Cases
Howard Blau has been an avid motorcycle rider and enthusiast
for the last 40 years. He has ridden on the street, dirt
and track. He has owned over 30 different motorcycles and
continues to ride on a regular basis. Howard began representing
victims of motorcycle accidents more than 35 years ago when
other motorcyclists he knew had suffered injury while on
their bikes. He quickly realized that he was in a very unique
position to provide expert legal representation to those
involved in motorcycle accidents because of his experience
as a motorcycle rider combined with his legal experience
representing clients injured in all types of accidents.
His ability to understand the dynamics of motorcycle operation
and control combined with his extensive litigation experience
allows him the ability to successfully represent his clients
that are injured in motorcycle accidents and obtain the maximum possible
recovery against insurance companies and large corporations.
Victims of motorcycle accidents need and deserve legal representation
from an attorney that not only fully understands how specific
motorcycles function but who also understands the state
of mind of the injured motorcycle rider and who truly cares
about their clients. Our motorcycle accident clients fully
appreciate our ability and desire to be on the same page
with them. We understand how motorcycle accidents occur
and the degree and severity of injury suffered by our clients.
We take all steps necessary to secure top quality medical
care for our clients, and to quickly obtain money to repair
or replace their motorcycle.
Howard Blau Law
will provide you a FREE confidential legal consultation
in these matters. It is best to call us either at our Woodland
Hills (818-888-0303) or our Oxnard (805-644-2112) office
(or send us an email) BEFORE
you say or do anything that might jeopardize the determination
of responsibility in your case, or your rights to full
compensation. - top^
2. THE ACCIDENT
At the Accident Scene
Here are some important steps to follow after an accident:
- Stay calm and gather all necessary facts, names, addresses, phone
numbers and license numbers.
- Look for witnesses and get their contact information.
- Be extra careful about what you say to law enforcement officials. It
is far better to say too little than too much.
- Do not give any statements or sign any releases for medical records
or employment records. Often the medical release allows
an insurance adjuster to obtain your medical records
and to talk to the doctors without you or anyone being
present.
- If the accident is serious or if you are uncertain whether it is, it
is best to contact an attorney.
- Do not talk to the other person’s insurance company, ESPECIALLY
if you think you might be hiring an attorney. Just don’t do it.
- Contact me, Howard Blau, personally to discuss your rights. - top^
Contacting an Attorney
In serious accidents you cannot trust that the other guy
will look out for your interests. The only one who will
look out for you is you and your designated attorney.
Motorcycle accident cases are almost always taken on a contingency
basis – meaning your attorney gets paid a percentage
of the recovery when your case is won. This is why you want
to increase the likelihood of a successful outcome by choosing
an attorney who has a successful track record in winning
cases just like yours.
Your attorney will also contact insurance companies and
obtain coverage information. He will interview witnesses,
take photographs of all visible injury, property damage
(bike and personal clothing) and the accident scene. Should
your case require retaining an accident reconstruction engineer
or other expert, it will be especially advantageous to have
an experienced motorcycle attorney helping to direct those
experts.
In addition, an experienced motorcycle accident attorney
who also owns and appreciates bikes, is going to be fully
concerned that you are compensated for the “true”
value of your bike, for its replacement costs including
all its custom modifications and accessories.-
top^
3. YOUR CASE
What You Should Do to Help your Case:
- Make a detailed list of damage to your bike, personal
gear and the cost to replace them.
-
Total any and all medical costs resulting from the
incident - both present and future. Your attorney
will have a better idea of the long-term effects and
complications of traumatic injuries.
-
Calculate lost income, including overtime and benefits –
again as it applies to both your present and future
earning power.
-
A careful consideration of the pain, suffering and
emotional duress that resulted from the accident - as
it plays out now and into the future. How long will
you carry the physical (and emotional) scars from
the accident? How might it effect you as a wage earner
or as the head of a household?
-
Motorcycle accident cases differ from other types of personal
injury cases in several ways. The types of injury
can be different, with a greater focus on abrasion
as well as arm and leg injuries. The kind of muscular
exertion that precedes a motorcycle accident can also
result in types of internal damages that can be difficult
to see. What if there was no actual physical contact
with the other vehicle? What if there were defective
parts that might have contributed to the accident?
Howard Blau Law deals with these issues on a daily basis - top^
State Laws
Motorcycle laws do differ from state to state, so when traveling
it is important to be aware of those variations.
To learn about different state motorcycle laws, go to http://www.amadirectlink.com/legisltn/laws.asp
- California requires helmets.
- California also allows for lane-splitting, though there are hazards
attendant to lane-splitting that make extra safety demands on the rider.
- For more specifics on California motorcycle laws, go to
http://home.ama-cycle.org/amaccess/laws/result.asp?state=ca - top^
Your Need for Insurance
California insurance laws require compulsory liability insurance
(minimum limits of $15,000/30,000/5,000). A driver involved
in an accident who fails to prove existence of financial
responsibility at the time of an accident shall have his
driver's license suspended for one year. In 1996, California
passed Proposition 213 that states that if you do not carry
liability insurance and are involved in an accident, you
are not entitled to pain and suffering damages, but are
limited only to actual economic damage and repair costs.
Every rider should have full coverage insurance. Full Coverage
Motorcycle Insurance breaks down as follows:
- Liability covers you for personal injury and property damage to
the other party if the accident is determined to be
your fault.
- Uninsured/Underinsured
covers you if you are injured by another party
who has no insurance or insufficient insurance to fully
compensate you.
- Collision
covers repairs to your vehicle irrespective
of who is responsible for the damage.
- Comprehensive covers theft of your motorcycle and its parts, damage
caused by vandalism and generally, by flood or fire.
- Medical Coverage pays for your medical bills.
- Umbrella Insurance provides
additional liability coverage for those situations in
which the damages are extensive. - top^