It’s imperative that you get legal counsel as quickly as you can if you were hurt in a motorcycle accident.
Don’t attempt to handle the procedure alone; the legislation is complex and insurance companies can be very antagonistic. You may get through this intricacy and get the recompense you deserve with the help of an experienced lawyer.
New plaintiffs could be concerned that their claim isn’t “legitimate” in the eyes of the law. It’s critical to recognise the variety of motorcycle accident claims.
Whether you have a claim that can be pursued depends on the specifics. There isn’t a single, perfect solution. A knowledgeable motorcycle accident attorney can advise you on the best course of action.
Our motorcycle accident attorneys at can quickly evaluate your case because many of them have experience defending clients in motorcycle accident cases. Among the most frequent factors in motorcycle accidents are:
We do not recommend handling your claim without legal representation — if you do, then insurance companies can and will take advantage of complicated procedural and legal issues to put you in a vulnerable position.
Once you hire an attorney, they will be a comprehensive advocate for your rights. It’s their job to keep you informed of every step in the legal process (without having to get you involved in the tediousness of filing paperwork, gathering evidence, or communicating with your insurance company).
What can our lawyers help you with? They can:
There are a number of actions you should take following a motorcycle accident to protect your rights and increase your chances of winning a lawsuit. Make sure to follow these steps:
If you are seriously hurt, you may need to get medical help right once to prevent a life-threatening condition. Getting such help is crucial, even if your injuries are small. What first seems to be a minor injury may turn out to be something far more serious (after your doctor performs diagnostics).
Try not to leave the scene of the collision without contacting law enforcement, unless you are leaving in an ambulance. They will compile a report on the incident and produce important documentary proof you can use in court. However, do not provide anything that could contradict your statements when dealing with the police (i.e., admissions of fault).
Your supporters are not the insurers. An insurance agent will try to provoke you into disclosing information if you approach them on your own. This information could be used to disprove your claims. Hire a lawyer who can represent you in communications with the insurer.
Obtain the contact details of any witnesses, and document the accident scene with images.
At the scene of the collision, you can gather evidence to support your motorbike accident claim. In order to prove that the defendant was at fault and you were not, for instance, images of the skid marks can be presented to an expert in accident reconstruction who can piece together the speeds and angles at which the vehicles were driving.
There is a statute of limitations deadline that motorcycle accident damage claims must meet in every state. You risk losing the ability to file a lawsuit and seek damages if you don’t submit your claims by the deadline. Making an early appointment with a lawyer will guarantee that you meet all formal criteria.
Due to the lack of extensive safety features compared to equivalent four-wheel vehicles, motorcycle accidents frequently result in catastrophic casualties.
For instance, a motorcycle doesn’t have a seatbelt, putting you at risk of being thrown off and hitting another vehicle or item on the road. Similar to cars, motorcycles don’t have enough material to act as an impact barrier. As a result, there isn’t much to absorb the power of an impact and lessen the physical harm that results from a collision.
Even if you are unsure that you have been gravely hurt, it is imperative that you seek out rapid medical attention in the event of a motorbike accident due to the risk of catastrophic injury. Many injuries are not immediately apparent but become noticeable after a thorough diagnosis by the experts.
Compensation in cases involving motorcycle accidents is frequently “greater” than in those involving cars.
Why?
Remember that compared to comparable car accidents, motorcycle accidents result in more severe injuries on average. There are fewer safety features on motorcycles. While you’re riding, there won’t be much material to crumple and protect you from the power of an impact. Because of this, any high-speed motorbike accident collision puts you at risk for suffering significant injuries.
Optimizing compensation becomes even more crucial. In order to ensure that all of your damages are paid for, you must obtain the best compensation package possible as a weak plaintiff with severe injuries.
Compensation can be divided into numerous different categories of damage:
Attorneys with experience know how to offer evidence to back up large damages claims and to create thorough harm claims.
Q: What if a helmet wasn’t on me? Am I still able to seek damages?
A: Even if you weren’t wearing a helmet when your motorcycle accident occurred, you might still be entitled to compensation, however it might be difficult to establish that you have a claim.
Fault in personal injury cases can be complicated. There are many states where the doctrine of pure comparative blame is applicable, including California. An injured plaintiff is entitled to compensation less the percentage of fault they themselves were responsible for under the pure comparative fault doctrine.
For instance, it’s extremely probable that the court will decide that you were at least somewhat to blame for your own injuries if you weren’t wearing a helmet when the accident occurred (if you sustained head injuries).
If the judge decides that you were 20% at fault and the losses were $100,000, you would be entitled to $80,000 in damages. As a result, even if your right to sue for damages would still be preserved, it would be diminished. However, it’s important to keep in mind that “any” fault contribution in
particular conditions can prevent recovery. It’s crucial that you seek legal advice on this issue from an experienced attorney.
Q: If I don’t have insurance, am I still entitled to compensation?
A: You are, indeed.
Insurance coverage is not required in order to get payment. If the defendant is at fault for your injuries, they may have insurance coverage; in that case, the insurer may take over the litigation when you file a claim for damages against the defendant. Negotiations with this insurer are possible, and they might decide that it would be in their best interests to resolve the case quickly rather than let it go on.
If you’ve suffered losses due to another’s fault, then the law may entitle you to sue the responsible parties and recover damages as compensation. As the case develops, however, you may find that it is more complex — and more challenging — than you initially thought..
If you’ve suffered losses due to another’s fault, then the law may entitle you to sue the responsible parties and recover damages as compensation. As the case develops, however, you may find that it is more complex — and more challenging — than you initially thought.