What To Do After A Motorcycle Accident In California
- Lawyer Referral Center
- Feb 11, 2020
- 5 min read
Updated: Nov 25, 2022
Know The Benefits of Hiring Top-Rated Personal Injury Attorneys for Motorcycle Accident In Los Angeles
After a motorcycle accident in California, you have one of two alternatives for pursuing compensation for your injuries: a personal injury claim or a personal injury lawsuit. It’s very important that you understand the difference between these two options, as they each will have different outcomes in your legal case.
In a personal injury claim, you file a claim with your insurance company as well as the insurance company of the other driver. This initiates an investigation by an insurance claims adjuster. After the investigation is finalized, you negotiate directly with the insurance company; they will offer you a settlement to pay for your injuries, financial losses, and property damage.
In exchange for accepting the settlement they offer, you typically have must agree to give up your right to sue the at-fault driver in court.
A personal injury claim is usually the first step after a motorcycle accident. In most cases, the insurance company will offer you a lower amount than you deserve. You must understand that the claims adjuster works for the insurance company and will protect the insurance company's interests all the time.
Hopefully, at this time and before you engage in any type of negotiations with the insurance company, you will be adequately represented by a great Motorcycle Accident Lawyer in Los Angeles who is experienced in motorcycle accidents in the state of California. He/she will pursue a personal injury lawsuit against all the parties involved.
A personal injury lawsuit is a civil legal action in which an injured victim of a motorcycle crash demands monetary damages that take into account the seriousness of his or her injuries and other losses suffered as a direct result of an accident. Many personal injury lawsuits settle before going to trial. However, if it goes to trial a judge or jury will decide the amount of money you are entitled to receive.
What Are The Most Common Injuries After A Motorcycle Accident?
According to a report by the National Highway Traffic Safety Administration, motorcycle fatalities have increased by over 129%, from 2,028 in 1997 to 4,654 in 2016. Most of the injuries in these motorcycle accidents are to the lower body. Common injuries include road rash, burns, broken bones, concussions, and back and spine injuries.
How Do I Prove Negligence in a Motorcycle Accident?
Your motorcycle injury lawyer will make sure to put together a strong case in your behalf. In California, there are five elements of a standard negligence claim. An “element” is a critical building block of a legal claim. If your personal injury attorney can’t establish all of the following elements by a preponderance of the evidence, your personal injury claim will not succeed.
Duty: The defendant is required by law to act in a certain way toward the victims of a motorcycle crash. In the case of a motorcycle accident involving a passenger vehicle or commercial truck, the “defendant” would be the at-fault driver. There is a legal duty for drivers of passenger vehicles and commercial trucks to exercise reasonable care toward motorcyclists on the roadway at all times.
Breach of duty: Your California Attorney for Motorcycle Accidents must prove the driver breached his or her duty to exercise reasonable care. If a driver breaks a traffic law and hits a motorcyclist, the court will most likely recognize that the driver has breached his or her duty of care under a legal definition that is recognized in California called “negligence per se.”
Cause-in-fact: The motorcycle crash victim must prove that the driver caused his or her injuries and other losses. This element is called “but-for” causation because the injured motorcyclist must prove that the driver's actions caused the accident and injuries.
Proximate cause: The driver in a motorcycle accident case will only be legally and financially liable for the injuries the motorcyclist suffered that was foreseeable due to the accident. In most motorcycle accident lawsuits in California, serious injuries are considered to be foreseeable consequences of negligent driving, and proximate cause is almost always established.
Damages: The injured biker must show that the motorcycle accident caused him or her to suffer a serious bodily injury, financial loss, or damage to his or her motorcycle and other personal property.
Contact a California Motorcycle Accident Lawyer to find a specialist in this field who can help you gather the evidence from the parties who were involved in the accident, law enforcement officers, your medical care providers, and other experts to boost your case and establish that the driver who injured you was negligent in causing your bodily injuries.
How Will Comparative Negligence Impact My Case?
A legal theory known as pure comparative negligence is very common in California courts. Under this theory, if there is evidence showing the motorcycle driver was also at fault for the accident, the amount of money he or she receives will be reduced by the percentage of his or her responsibility.
In many motorcycle accident lawsuits, the defendant will argue that the motorcyclist was also negligent in causing the accident. This is often used as a defense tactic by the defendant's lawyers to reduce the amount of compensation you'll receive.
It's very important that you make an informed decision when hiring a motorcycle accident for your personal injury case to ensure he/she is ethical, competent, and has a proven track record.
What Types of Damages Can I Pursue In A Motorcycle Accident Lawsuit?
In California, a plaintiff who successfully proves his/her case in court can expect compensation for the following damages.
Costs of Past and Future Medical Treatment: This includes costs for time spent in an emergency room, hospital, or treatment facility. I will also include copayments for visits to your physician or other treatment specialists, costs of prescription drugs and other medical supplies needed to treat your injuries, and the cost of any long-term physical therapy.
Compensation for Pain And Suffering: If the injuries you sustained after your motorcycle accident was severe and led you to experience extreme pain and emotional suffering, you may be entitled to additional compensation. Your lawyer makes sure to pursue compensation for this type of damage as part of your lawsuit if applicable.
Lost Wages: Many motorcycle accident victims are forced to take time off from work to recover from the serious injuries they sustained after the accident. Sometimes victims are left unable to work for extended periods of time or become permanently disabled. If you lose wages or your ability to work is affected as a direct result of a motorcycle accident, your California Motorcycle Accident Lawyer will make sure you are compensated for your financial loss.
Damage to Property: If your motorcycle or personal property were damaged, you may also pursue compensation for the fair market value of your motorcycle and any other property at the time of the accident.
Why You Need Lawyers For Vehicular Accidents
If you've been in a vehicular accident of any kind, you'll need the help of a Los Angeles Car Accident Lawyer. Car, truck, bicycle, and motorcycle accidents can lead to severe injuries and financial losses. You should contact the best car accident lawyers in California to get the compensation you deserve.
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