How Will a Long Beach Motorcycle Accident Attorney Help Me?
Auto accidents are generally complex and difficult to result in a resolution that will leave the injured victim fairly compensated; motorcycle accident cases are even more complex. While legal representation is not required, it is certainly helpful. Here are the most beneficial areas a Long Beach motorcycle accident attorney can assist with.
A Motorcycle Accident Lawyer Establishes Fault
In a recent poll, Long Beach residents indicated that their biggest traffic safety concerns pertained to distracted driving and speeding. California is an at-fault state, meaning that any party responsible for causing a personal injury accident, due to reckless behavior like distractions or exceeding the speed limit, can be held liable for damages suffered by the victim.
However, to successfully recover compensation in a motorcycle accident case, it must be proven the defendant’s negligent actions contributed to the collision. Negligence is the failure to exercise reasonable care under the circumstances. This can be exhibited through:
- Speeding
- Tailgating
- Distracted driving
- Driving under the influence
- Running red lights and stop signs
- Switching lanes without signaling
In some cases, parties other than the driver may be held responsible for a motorcycle accident. For instance, motorcycle manufacturers or road construction companies could share or bear full liability for a crash.
It is vital to seek professional legal help to accurately prove fault under legal standards. Motorcycle accident attorneys who have had success in similar cases know what evidence to obtain to prove negligence on all involved parties.
Ensure the Filing Deadline Is Met
Each state imposes a time limit, known as a statute of limitations, for filing a civil lawsuit after a traffic accident. This deadline applies to motorcycle accident victims, as well.
In California, injured motorcyclists have two years from the date of the accident to initiate a personal injury lawsuit seeking compensation for their losses. If a government vehicle or entity is involved in motorcycle crashes, the statute of limitations is reduced to just six months.
Failure to file within this timeframe will result in the case being dismissed, preventing the victim from recovering damages–regardless of the reason for missing the filing date. However, consulting with motorcycle accident lawyers closely following the crash will prevent this from happening.
Additionally, the legal team working on the case can obtain all available evidence as soon as possible. This is dire, as evidence can dwindle as more time passes, and available witnesses may no longer be available.
Recover Compensation for Sustained Injuries
Motorcycle accidents can result in a wide range of physical and mental harm, from minor to catastrophic injuries. Regardless, any form of injury and cost to treat them must be compensated by the at-fault party. The most common motorcycle accident injuries include:
- Cuts and lacerations
- Broken bones
- Skull fractures
- Dental fractures
- Internal bleedings
- Spinal cord injury
- Paralysis
- Traumatic brain injury (TBI)
- Amputation
- Disfigurement
- Wrongful death
While some riders are fortunate to escape with relatively minor harm, many innocent motorcyclists sustain severe and life-altering injuries. Our Long Beach motorcycle accident attorneys handle a variety of personal injury claims arising from motorcycle collisions, and we are prepared to get clients compensated for the harm suffered.
Investigate to Establish What Caused the Accident
In Long Beach, CA, Pacific Coast Highway is one of the most frequently utilized roadways, consequently making it one of the most dangerous in the city. As a result, Long Beach’s Department of Public Works has been working on ways to make the county’s roads safer. Until such problems are resolved, traffic accidents continue to happen.
When an established law firm is involved, the investigation will not only be more thorough but also produce more substantial evidence to prove which party caused the accident. This is vital because motorcycle accidents can occur due to many factors, including:
- Distracted Driving: Driver inattention due to texting while driving, talking on the phone, eating, or engaging in any activity that distracts the driver
- Head-On Crashes: A car hits a motorcycle head-on, often from not paying attention and swerving into another lane
- Left Turns: Cars failing to ensure there’s no oncoming traffic before making a left turn ahead of a motorcycle
- Lane Splitting: A motorcyclist riding between two lanes (lane splitting)
- Dooring: Car doors opening before checking traffic is clear and hitting an oncoming motorcycle rider
- Speeding: Exceeding the speed limit, limiting the potential to react and avoid an accident
- Drunk Driving: Driving under the influence of drugs (prescribed and illegal) or alcohol
- Road Conditions: Broken traffic lights, potholes, missing signage, and other road hazards
Our legal team will review the motorcycle accident scene, looking for surveillance cameras and witnesses who can share what they observed.
We will also work with expert witnesses, such as accident reconstructionists, to analyze crash sites and determine the cause of a motorcycle accident and how it happened. These added steps clarify liability, helping ensure victims recover a fair settlement.
Defend Client’s Rights from Insurance Company If Fault is Shared
California follows a comparative fault system, meaning the degree of fault for a motorcycle accident or another personal injury accident is assigned to each party involved. A court or jury determines these percentages.
For example, if a plaintiff is found 10% at fault for speeding while the other driver is 90% at fault, the potential compensation will be reduced by 10%. Therefore, if recoverable damages equate to $100,000, the plaintiff would receive $90,000 in compensation.
If fault is shared, then legal representation will be dire in ensuring some compensation may still be recovered.
Insurance companies will be determined to avoid liability as much as possible, presenting the argument that the motorcyclist played a greater role in causing the collision. If they are successful, victims can lose out on recovering thousands–potentially millions–in compensation.
Provide Representation in Court
The majority of motorcycle accident cases in Long Beach are resolved through negotiation and settlement with the insurance companies involved.
However, motorcycle accident claims often present unique challenges. Misunderstandings and taboos about motorcycle riders can influence public perception and, consequently, how the insurance company responds.
Given the severity of motorcycle injuries and case value, insurance carriers may dispute liability. Insurers often seek reasons to deny or undervalue a personal injury claim.
In the event that a fair settlement cannot be reached, litigation may become necessary, and strong representation will be needed. After hiring a motorcycle accident attorney, it is common for insurance to settle before proceeding with a trial, as that will become more costly for the company.
Recover Maximum Compensation for Motorcycle Accidents
Insurance companies will argue many losses do not qualify for compensation. However, we understand a case’s true value, which is why we are dedicated to aggressively negotiating for the maximum settlement possible.
Maximum financial compensation should include all forms of losses. This may include financial losses, as well as intangible losses. Potential areas of recovery include, but are not limited to:
- Motorcycle repair
- Vehicle replacement
- Emergency medical treatment
- Other current medical bills
- Future medical expenses
- Physical therapy
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Emotional distress
- Scarring
- Disfigurement
- Long-term or permanent impairments
- Wrongful death
Our highly skilled Long Beach motorcycle accident attorney carefully reviews personal injury cases to accurately assess all damages.
Questions with a California Motorcycle Accident Case?
If you or a loved one has been injured in a motorcycle accident in Los Angeles County, we encourage you to contact our personal injury law firm for a free consultation.
At Belmont Accident Lawyers, our Long Beach motorcycle accident attorneys are dedicated to holding negligent parties accountable for their negligence. We provide compassionate and aggressive representation to help motorcycle accident victims recover the compensation they deserve.
Your initial consultation is confidential and 100% free. We will carefully review your personal injury case and explain your legal options without obligation.
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