Lawyer for Motorcycle Accident
After being injured in an accident that was caused by a reckless driver, motorcycle accident victims may be under the impression that they will be fairly compensated for bike repairs and injuries. Unfortunately, insurance companies have a reputation for dramatically reducing case values in order to pay back as little as possible, regardless of fault.
Although it is not a legal requirement to work with a motorcycle accident lawyer, the payoff can be exponentially rewarding. If you were injured in a personal injury accident and plan to file a motorcycle accident claim, consider the following benefits that working with motorcycle accident attorneys provides.
What to Do After a California Motorcycle Accident
Even if it has not been decided whether or not legal action will be pursued, it is important for all motorcycle riders to take certain precautions. The following recommendations will protect a motorcycle accident victim from being blamed for the incident and can prevent a serious injury from becoming fatal.
- Assess the motorcycle crash. Immediately move to a safe location away from traffic and call 911. A police report will eventually need to be obtained, but the accident must first be reported to the California Highway Patrol. If motorcycle accident injuries were sustained, request paramedics to the accident scene, as well.
- Exchange information. Request the following from the other driver(s) involved in the accident: name and phone number, driver’s license, insurance information, and license plate number. Avoid further communication, especially if it’s regarding the motorcycle accident.
- Take photos of the accident scene. Document the damage by taking pictures and videos of the vehicles, road conditions, visible injuries, and any other visual references that will help indicate how the accident occurred.
- Seek medical attention. Whether or not it appears that a serious injury was sustained, a motorcycle rider must always see a doctor after an accident. Only a medical professional can diagnose common motorcycle accident injuries, like traumatic brain injury (TBI) or internal bleeding, and treat them accordingly.
- Contact a Long Beach motorcycle accident lawyer. An experienced attorney will help a motorcycle accident victim understand his or her legal rights and options so that maximum compensation can be recovered.
Do I Need to Hire a Motorcycle Accident Attorney?
Victims of motorcycle accidents often wonder if it’s mandatory to work with personal injury attorneys. There is no legal requirement to hire a lawyer in order to file a personal injury claim.
However, anyone planning to take legal action in hopes of recovering compensation from the insurance company must consider:
- If a police report was filed at the time of the accident
- Whether or not communication with the insurance company has been conducted
- If comparative negligence will play a role in the case (fault was shared between both parties)
- When the accident took place
- How the severity of injuries has impacted well-being
- If future medical treatment will be needed
- Collective damages–physical and psychological pain and suffering
- How much time was missed from work or will be missed from work
- If injuries caused a permanent disability
Based on the response to the preceding factors, it may be best to consult with a motorcycle accident attorney before pursuing legal action. A lawyer will assist in navigating the legal system and protect clients’ rights.
If you have been injured in a motorcycle accident, it is important to speak with an experienced motorcycle accident attorney as soon as possible.
Expertise From an Experienced Motorcycle Accident Lawyer
It is important to have legal representation after a Long Beach motorcycle accident because injured motorcycle riders may encounter costly medical bills, lost wages, and pain and suffering. However, California motorcycle accident lawyers can help victims seek justice by getting them the compensation they deserve.
Hiring motorcycle accident attorneys is not a legal requirement in a personal injury case, but there are numerous benefits to working with a motorcycle accident attorney, such as the following.
- Long Beach motorcycle accident lawyers understand the legal system and can assist clients navigate the complicated motorcycle accident claims filing process
- Motorcycle accident lawyers have experience working on personal injury cases, so they are knowledgeable in determining the actual worth of motorcycle accident claims and can aggressively negotiate with the insurance company for fair settlements
- Unlike those who may be less experienced in the field, a Long Beach motorcycle accident lawyer understands the underlying factors that contribute to most motorcycle accidents, such as defective bike parts, helmet quality issues, or the city’s neglect to maintain safe road conditions
- Motorcycle accident lawyers conduct thorough investigations, gather evidence, and consult with expert witnesses, like accident reconstructionists and medical professionals, to prove fault on the other party
- Because the insurance company will attempt to avoid fairly compensating victims, attorneys will advocate on behalf of clients, advising when to settle or when to file a motorcycle accident lawsuit
Victims of motorcycle accidents can greatly benefit from working with California motorcycle accident lawyers. They can help clients recover the fair compensation they are entitled to, alleviating the stresses that often come with filing personal injury claims. If you have been injured in a motorcycle accident, do not hesitate to contact a local Long Beach motorcycle accident lawyer.
Who Is Liable for California Motorcycle Accidents?
After a California motorcycle accident, injured motorcyclists have the legal right to file a claim against the at-fault party’s insurance company, but it must be proven that the other party’s negligence caused the motorcycle crash.
The legal system defines negligence as one party’s failure to use reasonable care, consequently causing harm to another party (in this case, the motorcycle rider). In order to prove negligence, it must be indicated that the other party:
- owed a duty of care to not act recklessly
- breached that duty of care by acting recklessly
- the breach of duty led to the motorcycle crash
- the motorcycle rider suffered damages as a result of the motorcycle crash
When building a case against the insurance company, a motorcycle accident attorney will address all four of these factors to prove liability on the other driver.
Common Cause of Motorcycle Accidents
The duty of care owed to a motorcycle rider is the same as the duty of care owed to any other driver on the road. This means that anyone operating a motor vehicle must exercise reasonable care to prevent motorcycle accidents from occurring. Common motorcycle crashes are caused by:
- Failing to yield the right of way to motorcyclists
- Driving under the influence of alcohol or drugs
- Texting or talking on the phone while driving
- Distracted driving
- Not remaining aware of surroundings
Why Is It Important to Determine Liability?
A driver who fails to exercise reasonable care and hits a motorcyclist may be held liable for the accident, allowing the motorcyclist to recover damages for medical bills, lost wages, pain and suffering, and other losses.
However, in a California motorcycle accident case, proving that the driver’s negligence caused the accident that led to the motorcycle accident injuries will be difficult. Because of this, many motorcycle accident victims are unsuccessful in recovering compensation.
A skilled personal injury attorney who has worked on cases involving motorcycle accidents will be capable of proving liability on the other party and establishing why damages are owed.
Factors That Impact a Motorcycle Accident Case
Legal representation is not required in motorcycle accident cases. However, working with an experienced personal injury lawyer will simplify the process of proving liability, as California’s laws are complex. Here are the factors that are taken into consideration after filing a motorcycle accident claim.
In order to recover damages in a personal injury case, the injured party must prove that the other driver was negligent. This means that the other driver owed them a duty of care, breached that duty, and their breach caused the accident. In some cases, both, the driver and motorcyclists, can be liable and share fault.
Various economic damages (financial losses) and non-economic damages (non-financial losses) were suffered as a result of the motorcycle crash, such as:
- Current medical expenses
- Future medical costs
- Lost wages
- Pain and suffering
- Emotional distress
- Property damage
Insurance companies will often try to minimize the amount of money they have to pay out in a motorcycle accident case. They may do this by arguing that the injured party was partially at fault for the accident, or by denying coverage altogether.
Frequently Asked Questions From Motorcycle Accident Victims
How much does it cost to hire a motorcycle accident lawyer in California?
The cost of hiring a motorcycle accident lawyer in Long Beach, CA can vary depending on the experience of the attorney, the complexity of the case, and the amount of damages. Some motorcycle accident lawyers work on a contingency fee basis and do not charge upfront fees. Instead, they only collect a percentage of the final settlement or verdict and only if the case results in a win.
What are the common motorcycle accident injuries that can be compensated?
Motorcycle crashes can result in a variety of injuries, both minor and catastrophic injuries. Common injuries include traumatic brain injuries (TBI), internal injuries (bleeding, concussion, pierced organs), and broken bones. Regardless if minor or serious injuries were sustained, any medical bills directly related to the crash can be compensated.
How long will it take to settle my motorcycle accident case?
Every case outcome is different, and the length of time it will take to settle depends on the severity of injuries, case complexity, and the willingness of the insurance companies to cooperate. The average time cases take to settle is within one year.
Will I have to go to court for my motorcycle accident case?
Not all cases go to court. In fact, the vast majority of motorcycle accident cases are settled out of court. However, there are some cases that cannot be settled and must go to trial, but that only accounts for approximately 1% that are filed in federal court. If your case goes to trial, it could take several months or even years to resolve.
What if I am also liable for the motorcycle accident?
Even if you are partially at fault for a motorcycle accident, you may still be able to recover damages. California is a “pure comparative negligence” state, which means that a claimant’s final award will be reduced based on his or her percentage of fault. For example, if you are found to be 20% at fault for an accident, you will receive 80% of damages.
Contact the Top Personal Injury Law Firm in Long Beach, CA
If you have been injured in a motorcycle accident, you have rights after a motorcycle accident. By speaking with an experienced motorcycle accident attorney, you improve the chances of recovering maximum compensation for injuries and other losses.
Contact Belmont Accident Lawyers and schedule a free consultation. We can address all of your questions pertaining to your motorcycle accident in Long Beach, CA.